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(O S 








































* 
















THE NEW CONSTITUTION 































































' 




















THE 


NEW CONSTITUTION. 


BY S. IEDARY. 


?Ca '- 


0/ t 

> 5/ 


COMPLETE IN ONE VOLUME. 


. COLUMBUS, OHIO 
1 84 9 . 







CONTENTS. 


1 


Amendments to the Constitution 320 

Americans, new race of 274, 282 

American citizen and British Colonist 225 

Afraid to discuss 351 

All is action, all is motion 91 

Attorney General, amendment of law to create 

office of 142 

Alabama, election of Judges in, by the people 37, 137 
“ Joint resolution of, proposing amend¬ 
ments to Constitution 143, 149 


Address to the People of Lower Canada in favor 

of annexation to the United States 396 

Banks, if we are to have them let them be Free 234 
Be on your Guard 326 

Battle of Change 235 

Boundary Question between Ohio and Virginia 369, • 370 
Bonds of officers, law to require recording of 112 

Biennial session of the Legislature 189 

British Colonies 112 


British freedom 

319 

Burr, Aaron 

48 

Convention 

of 1802,journal of 

97 

a 

its objects 

24 

ts 

the 

303 

tt 

Question 

315 

Cf 

in a nut shell 

337 

a 

vote for 

369 


to revise the Constitution 

407 

Constitution of Ohio 

' 17, 27 

<< 

of United States 

2, 12 

CC 

revision of 

113, 134, 162 

a 

of the different States 

169, 185, 206 

cc 

the New 

11, 223 

CC 

the 

144 

cc 

of State, change of 

184 

Constitutional Reform, the progress of 

81 

CC 

“ 5, 161, 236, 

249, 255, 263, 


290, 296, 349 

“ “ efforts at, during session 

of 1848 ’49. Passage of 
joint resolution to call a 
Convention 82 


* 

Constitutional Reform the question of 

136 

“ “ in Texas 

146 

15 Convention 

131 

“ Governments 

163 

Constitutions, written 

69 

Connecticut, constitutional Reform in 

193 

California 

380 

“ Gold in Baltimore 

119 

« State Government for 

246 

“ Cities of 

288 

“ Singular state of Affairs in 

80 

Communication from M. 

61 

« Veto 

205 

ft Upper Sandusky 

61 

“ Madison 

116, 189 

ft Homo 

90, 269 

ft Marshall 

125 

“ Junius Jr. 

314, 350 

ft Jefferson 

125 

“ S. 

315 

n Montgomery 

38, 124 

Census, law for taking the seventh 

61 

Commercial Marine of the United States 

275 

ft Emporium, its progress 

325 

Corporations not possessing Banking powers, 

law 

in relation to 

122 

Correspondence between Secretary of State 

and 

French Minister 

337, 340 

Canadian Annexation 251, 287, 

300, 330 

“ League 

266 

Correction, Explanation &c. 

272 

Correspondents, to 

2, 23 

Contributors, to 

2 

Carbonari, the 

290, 293 

Cost of Rail roads in England 

365 

Cuba, the Island of 

281 

Crowns, the value of 

167 

Deeds of Cession from Virginia 

42 

<« <« Connecticut 

43 

Declaration of Independence 

129, 132 

Discovery of America by the Northmen 

354, 382 

Distrust of the People 

323 







II. 


CONTENTS. 


Districts, single 58 

Divorces, cause of in different states 50 

Death, penalty of almost abolished in N. Hampshire 18 

Education 258 

Editorial Convention 368 

Election Day 338 

“ the 339 

Elective Judiciary 157 

Election of Judges 215, 256, 271 

El Dorado, origin of term 227 

Enterprise, our 49 

Error claimed to be in joint resolution for calling 

Convention 336 

England, progress of reform in 250 

“ representation in 257 

Equal Rights 245 

Europe—the Debates on Hungary in England, &C.276 
End of the volume—To the friends of Constitu¬ 
tional Reform 401 

Farewell Address of Gen. Washington 129, 137 
Farmers, Foreign Markets 379 

Family Emigration to California 336 

Fearing to do that which is right 254 

Fear of Innovation 333 

French Republic 147 

Free Banking, New Constitution 292 

Fugitives from labor, law in relation to 80 

Garabaldi 247 

Governor, votes for, in Ohio, since the adoption 

of the Constitution 88 

“ votes for in Pennsylvania 120 

German Empire 120 

Germany in 1849 214 

Gold Dollars 381 

“ “ the law for coining 23 

Gold Hunters in California 398 

Government Machinery and Self Education 322 

Glance at California and the Isthmus of Panama 265 
Georgia, election of Judges in 63 

Great increase of immigration 318 

Home Department, law for the organization of 93 
Homestead Exemption, Report of Messrs. Dim- 

mock, Beaver and Wilson, on 243 

Homestead Exemption 191, 241, 257, 322 

Hungary 224, 306 

Hungarian Names, Pronunciation of 279 

Horseherds in Hungarian Army 304 

Historical Reminiscences about the West 56 

Haste of the Framers of the Constitution, marks of 175 

Idle tales to make the people vote against a New 


“ Convention question in 241 

“ in favor of a New Constitution 280 

“ her New Constitution 289 

Imprisonment for Debt 364 

Judicial Reform 6, 398 

Judiciary of Ohio, Reform in 23 

Judges, election of # 89 

“ “ of, by the people 65. 91, 190 

“ opinion of Mr. Jefferson on election of 

by the people 161 

“ Associate, law to prevent pettifogging in 

Justices Courts 71 

Jefferson county, resolutions 152 


Kentucky 


progress of Reform in 
Constitutional Reform in 
Constitutional Convention in 
Speech of Mr. Wickliffe 


2, 22 
177 
279 
386 
403 


Land Titles in Ohio, law to give additional secu¬ 
rity to 64 

Lands, law to tax those sold by United States 77 

Law, its practice and its simplification 149 

Law Reform 177 178 

Let-alone policy—dread of Innovation 245 

Law of Arrest for Debt 239 

Law regulating receipts of money from customs 39 
Letter of Louis Napoleon on affairs of Rome 366 


Legislature, biennial sessions of 


68, 115, 130 


Legislation, excessive—Constitutional Reform 96 

Legislature, names of members elected to, for 

session of 1849 ’50 400 

Legislation, the province of 154 

Labor of Nations 381 

Light breaking forth 337 

Literary and other societies, law in relation to 137 


Maryland, Reform in 

“ Reform Convention in 

“ Cause of Reform in 

“ Constitutional Reform in 

Missouri, Constitutional Reform in 
Michigan, Constitutional Reform in 

“ Joint resolution for altering the Con¬ 

stitution of 

Making Religion an objection to the admission of 
a State 

Minnesota, Territorial Government of 
“ Legislature of 

Military service, law to pay for horses lost in 
Magna Charter—Reform in England A. D, 1215 
Mormon State 
More United States 


26 

55, 129, 240 
278 
278 
193 
205, 402 


211 

399 

65 

367 

127 

151 

379 


Constitution 

330 




Important Investigation, Slave case 

326 

New Constitution, the 81, 302, 332, 

350, 351, 378 

Innovation, the fear of 

7 

ii 

“ and Legal Reform 

25, 38, 57, 87 

Indiana, Constitution Reform in 

55 

it 

“ and Judicial Reform 

71, 86, 116 

“ Constitutional Convention 

95, 143 

<< 

“ for Ohio 

119, 385 





CCN TENTS. 


Ill 


New Constitution Question of 286 

“ “ to be submitted to the people 305 

Necessity of a New Constitution 291 

“ amending Constitution 302 

Newspapers, save your ?70 

New York, amended Code of 64 

“ Convention law of 92 

“ Documentary History of 177 

Negro Republic declared an Empire 367 

Naturalization of Females 351 

Ohio, proposed birth of 25 

“ the State of 242 

“ from A. D. 1802 to A. D. 1824 50 

“ “ A. D. 1824 to A. D. 1847, public im¬ 
provements, &c. 72 

“ History and public records of 136 

“ Constitution for 87 

“ Election law of 78 

“ Capitol buildings 365 

Ordinance of 1787, to birth of Ohio 33 

Old State House and New Constitution 280 

Objection that the people did not petition 329 

“ to a New Constitution 264,274 

Opponents of Constitutional Reform 281 

Office, eligibility and qualification for 162 

Outline of a Judiciary System for the State 406 

Pardoning Power 208 

Parable for to-day 126 

Patriot Seal of Upper Canada 176 

Parliament of England, its origin, powers & duties 202 
“ of Scotland,its powers and duties, open¬ 
ing of its sessions &c. 216 

Peace Congress at Paris 363 

Pennsylvania, Constitutional Reform laws of 113 

“ Joint resolution to call Convention 122 

“ Joint resolution to elect Judges by 

the people 177, 192 

“ Reform spirit in 176 

Pennington’s Mr. Report against New Constitu¬ 
tion 209, 211 

Pension, law in relation to evidence in support of 77 
People, the 249 

Popular Education 298 

Position of America 208, 219 

Power, always stealing from the many to the few 145 
Power under the Constitution to divide counties 

for the election of members of the Legislature 297 
Primogeniture and Entail 228 

Progress of our publication 49 

Public Sentiment 4 

Progress to Democracy 407 

Questions asked and answered 366 

Radicalism 327 

Rail Road Cases 167 

Railway to the Pacific 351 


Railway Enterprise 379 

“ in India 383 

Reform in our Judicial System 6 

“ in the Judiciary 147, 172 

“ the fear of—Periodical changes of 

Constitution 174 

“ of the Constitution 354, 405 


in England in 1689—the Bill of Rights 168 
Report of Mr. Pennington against a New Consti¬ 


tution 211 

Repeal of the British Navigation laws 318 

Resolution, Joint, to amend the Constitution 11 

Reasons why the people should vote for a New 

Constitution 316 

Read both sides 267 

Revision of the State Constitution 117 

Republic, the, during the life of one man 248 

" of the new world and the Republic of 

the old world 241 

Rights of the States and the people 59 

“ aDd privileges of freemen 393 

Saw-Mill, the first 239 

Secret efforts to defeat a New Constitution 275 

Search for Sir John Franklin 380 

Social and political condition of Cuba 364 

Senators United States, the election of 71 

Security the law of—Rights of women 41 

Single District System 321, 333 

Slave trade in Brazil 317 

Singular prophecy of Lorenzo Dow 240 

Sources of Wealth 271 

States, the origin of the names of 142 

“ their Constitutions 8 

“ debts of, prohibiting an increase of with¬ 
out the assent of the people 112 

State Convention 324, 332 

“ Reform 70 

“ Roads, law in relation to laying out 135 

“ Capitol 161 

“ Government for California 225 

Steam-boats, speed of, thirty-five years ago 176 

Territory N. W. of river Ohio 19 

“ “ “ “ Resolves of 

Congress in relation to government of 45 

Tracts on Law Reform 233 

Trickery to defeat a New Constitution on the eve 

of the election 377 

To the friends of a New Constitution 257, 315, 

[321, 325 

Taxation in Ireland 333 

Trespass, the legal phraseology 177 

Turnpikes, law for the collection of debts against 150 
Tyranical exactions of the Cubans 319 


Vallandigham, speech of Mr., in favor of a New 

Constitution 194 

Veto power 253 





CONTENTS 


IV. 


Virginia new code of 

273 

Witness, another in behalf of a New Constitution 40 

“ Reform of Constitution in 

65, 408 

West, the growth of the 

146 

Voting for or against a New Constitution 

305 

Wheeling and Belmont Bridge case 

305, 307 

Vote on the calling of a Convention 

378 

What the people want 

256 

Vote on the Convention—the grand result 

384, 408 


Itf 



•s 





















NEW CONSTITUTION. 

“POWER is always stealing from the many to the few.” 


Vol. I. Columbus, Ohio, Saturday, May 5, 1849. No. 1. 


Postage. —The postage on this work is the same as 
on a newspaper. 


To our Patrons and the Public. 

On the passage of the Resolution by the last Legis¬ 
lature to take the sense of the people of our State at 
the next annual election whether they would call a 
convention to form a New Constitution, we issued the 
following Prospectus, which will speak for itself. 

To-day we issue the first number of our paper in ac¬ 
cordance with this proposal and submit it to your in¬ 
spection, for approval or condemnation. There is a 
mountain of embarrassments and delays in getting out 
the first number of such a work, but as our barque is 
now upon the waters, a fine breeze blowing, the 
helmsman at his post and all sail set, we anticipate a 
pleasant and successful voyage. 

Our Prospectus was drawn up on the spur of the mo¬ 
ment, and while there is notaproposition that we would 
blot, or one from which we shall shrink in advocating to 
the fullest extent, there are others that wemight have in¬ 
cluded and thus laid our platform still broader and deep¬ 
er. But as our object is to convince and not to startle 
the doubting, with fears of too sudden and too numer¬ 
ous innovations, we contented ourself in the outset 
with the leading and more prominent features of a re¬ 
formation that must strike the mass of our people as 
right in principle and loudly called for by the necessi¬ 
ty of the times. 

We intend to publish in our “New Constitution” a 
number of valuable documents during its continuance, 
which we think will certainly meet the approbation of 
our readers. It will place them in convenient form 
and on hand, to be referred to as necessity may require. 

We lay to day before our patrons the Constitution of 
the United States. In our next we shall publish the 
Constitution of the State of Ohio. These we shall 
follow with the celebrated ordinance of 1787—the act 
of Congress of Feb. 12, 1793 in relation to fugitives 
from justice—the naturalization laws of the United 
States—the election laws of Ohio—and such other laws 
as we conceive can have a bearing in the discussions 
on the framing a new Constitution. We shall also 
publish extracts from the several constitutions of the 
States bearing upon particular subjects. 

The appearance is now that the people will vote very 
largely in favor of the calling of a Convention. With 
some, the expression is that on that point no doubt re¬ 


mains—if so, the more is the importance of preparing 
in time for the reforms to be introduced into the funda¬ 
mental law of the State, that those who vote on the 
question pro or con, may do it understandingly and not 
complain afterwards of the want of a full knowl¬ 
edge of what was required of them. 

There are others, however, who fancy to themselves 
that the vote against a Convention will be large if not 
successful in defeating it, both on the ground of a se¬ 
cret opposition, that will vote quietly, and the still 
more important fact that every vote given for State and 
county officers, and yet not vote at all on the Con¬ 
stitutional question, will be counted among the 
noes. For the want of attention to the subject, this 
vote, or rather not voting at all, it is feared by some 
and hoped for by others, will be very large. 

Circulate -‘The New Constitution,” and we venture 
the assertion that there will be few but what will vote 
on the one side or the other: 

PROSPECTUS 

OF 

THE NEW CONSTITUTION. 

We shall issue, during the summer, a Pamphlet, 
weekly, 16 pages, in form for binding, under the 
title of The New Constitution, commencing about 
the 1st of May next, and to continue six months, ma¬ 
king a work of 400 pages, with a title page and index 
at the close, for reference, for ONE DOLLAR a single 
copy. 

For five dollars seven copies, and for ten dollars fif¬ 
teen copies. Thus ten dollars will purchase 6,0C# 
pages of close reading matter. 

The work will favor what its name purports, a NEW 
CONSTITUTION, yet it will admit able and well 
written articles on all sides of every question, that those 
who read it may see what is said by all parties. It is 
by this means alone that the people can arrive at a 
sound and just conclusion. We therefore invite all 
writers who desire to treat the subject fairly, as corres¬ 
pondents of THE NEW CONSTITUTION. 

The design of our work is; 1st, to enforce the neces¬ 
sity of a frequent recurrence to first principles—2d, to 
show the importance of the fundamental law corres¬ 
ponding with the growth of our state and the “pro¬ 
gress” of liberal sentiments—3d, the security of natural 
rights by a charter made and adopted by the people 
themselves—the experience of the past developing 
and directing the. necessities of the future. 

A total reform in our Judiciary system and the prac¬ 
tice of our Courts. 

The election of ALL OFFICERS BY THE PEO¬ 
PLE! 

No increase of the state debt, except by a vote of the 
people themselves. 




















2 


THE NEW CONSTITUTION. 


A system of common schools and of education, wor¬ 
thy the age and the state. 

No legislation, but what the people can reform or an¬ 
nul, when found injurious. 

These are a few of the principles, hastily thrown to¬ 
gether, which shall receive the attention of “The New 
Constitution.” 

Long have wo looked forward to the time when we 
could perform our duty in a contest of the kind now 
before us, and we enter the lists full of courage and full 
of hope. 

There is a progressing, reforming, radical spirit 
spreading over the civilized world, and let Ohio not be 
tile last to partake of the regenerating spirit. 

ILFAll Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

[CF Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 

EFSubscriptions should be early forwarded, that we 
may h ve some data by which we can calculate the pro¬ 
per number of the work to begin with. 

S. MED ARY. 

Columbus, 0., March 1849 


To Correspondents. 

The person who sent us a very ably written article 
on the Tariff, is informed that it does not come exactly 
within the scope of articles intended for “The New 
Constitution.” It will be disposed of as he directed 
provided it did not suit this publication 

It is intended to confine this paper, as far as possible, 
strictly to discussions growing out of the question of a 
a Convention for a new constitution. 

F.irslly .—To the necessity of a convention to frame 
and submit a new constitution to the people of Ohio 
for their adoption, owing to the insufficiency of the old 
one, and 

Secondly —The investigation of the various reforms 
that should be adopted, as an additional inducement for 
the people to vole “for a convention” at the next Octo¬ 
ber election. Many may admit the necessity of re¬ 
forms in our present constitution, who might reluc¬ 
tantly vote for a new one, or vote “no,” because they 
are not satisfied whether any adequate reforms would 
be adopted if a convention were called. 

We therefore invite our correspondent above allu¬ 
ded to, and all others, to our columns to discuss these 
questions as calmly and briefly as possible, to suit our 
limits, and as free as possible from personal party poli¬ 
tics. Let us have freedom of speech and honesty of 
purpose. Error, even is safe, when truth is free to 
combat it is a principle of our government. 

To our Brethren of the Press. 

We feel under great obligations to our brethren 
of the press in all directions, for the manner they have 
spoken of our undertaking, in getting up the “New 
Constitution;” an enterprise surrounded, of course, 
with great labor and care, and of very doubtful pecu¬ 
niary advantage. If we have not a list of patrons suf¬ 
ficient to sustain us, it will not be the fault of our 
co-laborers of the press. They have almost universal¬ 


ly spoken, not only favorably, but many have added 
compliments that we shall only hope to merit; for we 
have not the confidence to deserve them. Yet, we 
believe that we shall be able to do some good by em¬ 
bodying a mass of matter in a cheap and convenient 
form, that will be worthy of preservation as well as 
for present use. 

Weagain return our thanks to our contemporaries for 
their favorable opinions in advance, while we submit 
our work to their future inspection and criticism. 

(LFWe send this number of our “New Constitution” 
to many of our friends whose names do not appear on 
our list of subscribers. If they desire to become sub¬ 
scribers, they will notify us, as we shall continue to 
send only to actual subscribers and to our exchanges. 
The amount of matter embodied weekly in the publi¬ 
cation, will prevent our being very liberal in sending 
papers without the subscription price. 

To Contributors. 

We are often asked the question whether we intend 
to admit into the “New Constitution” arguments con¬ 
trary to our own belief. We refer all such questioners 
to our prospectus. What is there stated, we of course) 
intend to abide by. Our object, we again repeat, is dis¬ 
cussion, and the end a new Constitution, suitable for 
Ohio, and equal to the progress of the age. If there 
should be arguments on the one side that the other can¬ 
not overthrow, then it will be good ground for the 
vanquished to yield his point. 

We hope we are understood as to the character of 
our publication. We do not desire to control those 

who write for it. All we ask, is, that each writer 

* 

shall be of responsible character—that is, he must give 
his name to the editor, and he may give it to the public if 
he chooses ; must evidence a sincerity in what he says; 
confine himself to argument, and to his subject; be as 
brief as the nature of the discussion will warrant; and 
exclude, as far as possible, personalities and partisan 
feeling. Let no correspondent say any thing that he 
would dislike to own, or read himself hereafter, for its 
want of dignity and manliness. 

This is all we have to say, or can say, on the subject. 

Back Nos. 

We shall, of course, be prepared to furnish subscri¬ 
bers with BACK numbers of this work to any supposed 
amount that may be wanted. Send in the names and 
the volume will be filled. 

Kentucky. 

Our neighbors of Kentucky elect-delegates, on the 
first Monday of August next, to form a new Constitu¬ 
tion for that state. The discussions are highly ani¬ 
mated, able and varied. We shall occasionally refer to 
their arguments, and avail ourself of their views on 
many points interesting to the people of Ohio. 










THE NEW CONSTITUTION. 


3 


The Constitution of tile United States. 

'• The Constitution in its words is plain and intelligible, and is 
meant, tor the homebred, unsophisticated understandings of our 
fellow-citizens.”—M r. Dallas, in defence of the Constitution 
of the United States. 

Iii the first No. of “ The New Constitution,” we 
lay before our readers that noble instrument, the Con¬ 
stitution of the United States, formed in 1787, and 
which since 1804, without alteration, has governed the 
mighty Union, of which Ohio forms a part. In the 
words of Mr. Dallas, which we have adopted as a text 
for this preface, this ‘‘Constitution in its words is plain 
and intelligible, and is meant for the homebred, unso¬ 
phisticated understandings of our fellow-citizens.” To 
this verysimplicity is perhaps more than anything else to 
be attributed, the endurance of that instrument. Its fra¬ 
mers were men of good sense—of sound minds and 
honest hearts, and they perfected a work which has giv¬ 
en to the world a nation, unparalleled for its prosperi¬ 
ty; and, casting our eye abroad over the old world, 
and viewing the shaking thrones and fallen dynasties— 
the revolutions and eineutes which fill up the catalogue 
of every arrival, may we not also add with truth, un¬ 
paralleled for its permanency. Since its adoption, 
France hasseen and felt revolution after revolution.— 
The Bourbons have been banished, restored and ban¬ 
ished again—Napoleon wore the iron crown of Char- 
lemaigne,and his triumphal car swept across the Eu¬ 
ropean world, sweeping every obstacle from hispath,— 
tearing down and building up governments—banishing 
the legitimists, and crowning his own kinsmen and fa¬ 
vorite generals,—making and unmaking Kings, until all 
Europe, save only Russia and England, for a time at 
least, have had governments differing from the pres¬ 
ent. England too, has had changes. The current of 
opinion sat so strongly in favor of enlarged liberty 
within her borders, that the shackles with which she 
fettered man, in her endeavors to force hirn to worship 
his God according to law, or to the creed formed by 
law, instead of by that safer rule, man’s own con¬ 
science, has been burst assunder, and the Catholic 
Emancipation bill, followed as it was by the Reform 
bill, has changed England, and she is now a more 
limited monarchy than when the constitution of the 
United States was formed. Counting these things as 
changes of government, Russia and the United States— 
the most despotic and the freest of governments, 
have longest existed without change, of any of the 
more powerful governments of the earth. The one 
is based upon ignorance, the other upoit education 
and the freedom of opinion. Like the well-built man¬ 
sion around which the storm may sweep and the 
whirlwind rage, and still the inmates feel security, our 
government has stood the shock of time, while others, 
and apparently the strongest of governments, have 
gone down. Experience hath shown that the mon¬ 
archical governments of the old world are built upon 
quicksands—ours upon the solid rock, and may we not 
believe, upon the Rock of Ages ? 


And why is this? Its very simplicity is the greatest 
strength of our republic. The provisions of its con¬ 
stitution are “plain and intelligible”—they are few in 
number, and the rights of the people are well guarded. 
Though politicians may cavil by the hour, about words, 
and pretend better to know what *he framers meant 
than they knew themselves—though men may set 
themselves up, and their friends claim for tlmm, to bo 
great expounders of the constitution, yet this instru¬ 
ment, made for the “homebred, unsophisticated under¬ 
standings of our fellow-citizens,” is capable of being 
read and correctly construed by every man of common 
sense in the lan.I. The Congress has its powers well 
defined—so is that of the Judiciary and Execntive De¬ 
partment of the government, and the “powers not del¬ 
egated to the United States by the constitution, nor 
prohibited by it to the States, are reserved to fhe States 
respectively, an 1 to the people.” With this last sweep¬ 
ing clause, which we have quoted, before their eyes, 
men cannot weil mistake its meaning, for its provisions 
are so plain that to us it doth seem, that “he who runs 
may read, and the wayfaring man, though a fool, may 
understand.” “It is,” to use the language of an em¬ 
inent statesman of our own day, “the only government 
that no revolution can subvert. It may be changed, 
but it provides for its own change when the public will 
requires it. Plots and insurrections, and the various 
struggles, by which an oppressed populace manifests 
its sufferings and seeks the recovery of its rights, haye 
no place here.” 

The work, of which we to-day present the first No., 
and- for which this is designed as a Preface, is in¬ 
tended to lay facts and arguments before the people in 
support of the calling of a Convention to give a new 
Constitution to Ohio. Unlike that of the General Gov¬ 
ernment, ours is not suited to the state of things which 
now exist. The men who framed it were wise men— 
but they looked not beyond their own times. The 
great west—from the N. W. bank of the Oiiio to the Pa¬ 
cific, was but thinly inhabited, and the man who 
would then have prophecied that in less than half a 
century this wilderness would show a list of States 
more than half of the original thirteen, and teeming 
with a population so great as to command a strong in¬ 
fluence in the national councils, would have been 
deemed far fitter for a straight jacket, than to occupy 
the place of a far-seeing‘statesman. Of the noble columa 
of North-western States, Ohio, by her position, her 
population, her resources, as well as by age, now 
occupies the head. 

When the convention met which adopted the consti¬ 
tution of Ohio, the then so called territory north-west 
of the river Ohio, was governed by Gen. St. Ciair, as 
its chief Executive officer. To rid the peoplo of this 
man, whose crude notions of government suited not the 
views nor the politics of the pioneers of the west, was 
a strong argument in favor of a state in preference to a 
territorial government. In their haste to rid themselves 





4 


THE NEW CONSTITUTION. 


and those they represented, from what was considered 
an incubus upon their prosperity, the state constitution 
was hastily formed, and strange to say, was never sub¬ 
mitted to the people for approval or rejection, and 
though by acquiescence of the people for near half a 
century, it is claimed gives to that instrument the full 
and binding force of supremo law, yet still the fact 
that the framers never submitted the work to the test 
of the ballot-box, increases not the popular veneration 
for the instrument. 

Though the framers of the Constitution provided 
within its provisions for changing it, yet it is a work of 
years to do so. First—two-thirds of the Legislature 
has to vote for a bill or resolution submitting to the 
people the expediency of calling a convention, and if 
a majority of all the votes given for members of the 
Legislalure.be found endorsed in favor of that measure, 
then the Legislature, at its next session, is to pass a law 
for the election of delegates to meet within a certain 
specified time. Every ballot not given in favor of call¬ 
ing the convention, is deemed and taken as a vote 
against it. No matter how great the necessity for a 
change, it is held, that under the provisions of the pres¬ 
ent constitution, none can be had under some two 
years. Nay, able and eminent lawyers have held, 
that in case of an annihilation of the Legislative 
power, through the neglect to provide for a quadren¬ 
nial apportionment, that no power existed to remedy 
the evil—the Constitution giving, in such an event, no 
power to the people to change it, must stand, like the 
ancient laws of the Medes and Persians, which could 
not be altered. And though the dissolution of the law¬ 
making power dissolved the State government, yet still 
they held, the constitution would be binding, so far as 
to prevent the formation of a new one, or an amend¬ 
ment of the present, without Legislative aid being first 
had and obtained. 

Tiie men who composed the convention which fra¬ 
med the State constitution, committed two great errors 
— me of omission, the other of commission. They 
l’ramod the charter which was to govern Ohio, for what 
the country was, when passing from the chrysilas state 
to that of a state government—for the then presont, in¬ 
stead of for the present and the future. Had Ohio re¬ 
mained as she then was, sparsely settled—her resources 
undeveloped, the Constitution might too have remain¬ 
ed unchanged. But change begets change, and the 
clothes of the child fits not the limbs of the full-grown 
man—the Constitution, framed to the wants of a pop¬ 
ulation of 60,000 persons, scattered over a vast extent 
of territory, is ill adapted to the third State in the 
Union, holding within its borders, a mighty mass of 
two millions of active, thinking people. In the omis¬ 
sion to submit the Constitution when formed to the 
people for adoption or rejection, the greatest error laid; 
for a Constitution, under which laws affecting the life, 
the property, tho liberty and the happiness of a people, | 


[ are made, should never be forced upon a people with- 
' out their consent being first obtained. 

The State Legislatures, elected by the people, and 
ufter a full discussion was had, approved the Constitu¬ 
tion of the United States. In this manner the Legis¬ 
latures acted for the people, and in their approval gave 
utterance to the wishes of those they represent¬ 
ed, but in this State, with our Constitution, no appro¬ 
val was asked, and none was given. When the change 
is made in that instrument—for at this, the commence¬ 
ment of the campaign, we predict that the Constitu¬ 
tion will be altered, or a new one formed, it will, nay, 
it must be, submitted to the people, and tested by their 
votes on its adoption, before it ever can become the su¬ 
preme law of the State. 

The changes to be made, and the necessity for these 
changes, it iSj our intention to discuss in the work, of 
which the first No. is presented to the people. In do¬ 
ing this, we promise to its patrons, the exercise of 
whatever talent nature has given us. Our arguments 
will not, we trust, be couched in a partisan spirit, for 
the change is one that affects all alike. 

We shall insist upon the Constitution of the United 
States, in its simplicity of style, and the fewness of its 
sections,being taken as a model for our own—that the 
rights of the people be well guarded, and that, save the 
restricted power given to the Legislature and the Judi¬ 
ciary, and the limited power given to the Executive, 
that all powers be vested in the people, who, in a 
government like ours, should hold the sovereign power 
of the land. 

Public Sentiment. 

Since the passage of the resolution by the General 
Assembly to take a vote by the people on the call of a 
Convention, there has been but few meetings of the 
people for any purpose, but even in these few, the sub¬ 
ject of a new Constitution was not always forgotten. 

The following is the proceedings in one of the town¬ 
ships in Guernsey county, called it appears exclusively 
on that subject, without distinction of party: 

From the Guernsey Jeffersonian. 
REFORM MEETING. 

A large and respectable meeting of the citizens of 
Knox and Adams townships was held at the school 
house in district No. 4, Adams township, on the 27tli 
ultimo. The meeting was organized by calling Alex¬ 
ander Woodburn to the chair, and appointing James 
Porter secretary. 

On motion, Messrs. James Porter, James M’Gonagle, 
Alexander Johnson, and William Wagstaff were ap¬ 
pointed a committee to draft a preamble and resolu¬ 
tions expressive of the sense of the meeting. 

After having retired a short time, the committee re¬ 
turned aud reported the following, which were 
adopted : 

Whereas, It is in contemplation to amend the Con¬ 
stitution of the State of Ohio; and whereas, it is a 
measure indispensably necessary to the welfare of the 
people of the State, because our state expenditures are 
i already too heavy on the tax-paying community, with- 







THE NEW CONSTITUTION. 


out paying any of the state debt; and because retrench¬ 
ment and reform are absolutely necessary for the bene¬ 
fit of ourselves and posterity; therefore, 

Resolved, That in order to obtain an object so desira¬ 
ble, we, as citizens of the State of Ohio, will lay aside 
all party strife. 

Resolved, That all property, corporate and individual, 
should be brought upon the same basis of taxation. 

Resolved, That the Constitution of Ohio should be 
so amended that the members of the state Legislature 
be elected and meet but once in three years; and that 
the Governor should be elected at the same time, and 
for the same period. 

Resolved, That all state and county' officers should 
be elected by the people, and all unnecessary offices 
abolished. 

Resolved, That the salaries of all state officers should 
be reduced, and fixed in the constitution; and that the 
salaries of all the county officers, which exceed $500 
should be reduced. 

Resolved, That the compensation of members of the 
legislature should be two dollars per day for the first 
sixty days, and one dollar per day after that time. 

Resolved, That we earnestly invite the co-operation 
of our fellow citizens throughout the county and state, 
and for that purpose would recommend similar meet¬ 
ings to be held. 

Resolved, That we will, irrespective of party, sup¬ 
port no man for office who will not openly pledge him¬ 
self to carry out the principles contained in the fore¬ 
going resolutions. 

Resolved, That the proceedings of this meeting 
be signed by the officers, and published by all 
the principal papers of the state. 

Win. WAGSTAFF, Ch’n. 

James Porter, Sec'ry. 

The following are resolutions passed unanimously at 
a Democratic meeting held in this city on the 30th of 
March last. Committee Gen. E. Gale, S. W. Andrews 
and A. Jackson Morgan. 

Whereas, The Legislature of Ohio, at its recent ses¬ 
sion authorized the people of the State on the 2d Tues¬ 
day of October next to vote for or against a Convention 
to form a new Constitution. Therefore, 

Resolved, That this meeting approves of the course of 
thelast Legislature inauthorizing this expression of our ' 
sentiments at the ballot boxes. 

Resolved, That we shall use all honorable means in 
getting an expression of public opinion in favor of a 
Convention to draft a new Constitution, to be submitted 
to the qualified voters of the State for their approval or 
rejection. 

Resolved, That we rejoice in the prospects before us 
of the, speedy arrival of the period when all candidates 
for the State offices as well as of the Counties, will be 
compelled to appear directly before the people for their 
approval or condemnation, at the ballot boxes. 

Resolved, That we are opposed to granting power to 
the Legislature to create an unlimited State debt, and 
that we demand that the new Constitution shall protect 
the people against the use of such a power. 

Resolved, That the taxing power is one of the high¬ 
est acts of sovereignity, and that the Representitives of 
the people should never part with it, nor confer it on a 
single individual unrestrained except by his own figur¬ 
ing. 

Resolved, That the Senators of the United States re¬ 
presenting as they do, the sovereignties of the States, 
should be elected by the whole people of a State as our 
members of the House of Congress are by districts—a 
State forming a single district for Senators. 

Resolved, That the glorious advancement of Demo¬ 


cratic principles throughout the world is a cheering ev¬ 
idence of the worth of our happy form of government, 
and that it should Be a stimulus to us to advance our 
institution to the utmost perfection.” 

On the 2d inst., the Free Soil party of the Western 
Reserve held a Convention at Cleveland, and among the 
reslutions adopted, we find the following reported by 
Hon. Joshua R. Giddings,thememberof Congress from 
that District: 

Resolved, That we hail with joy the adoption by our 
Legislature, of incipient measures for the amendment 
of our State Constitution—and that we cordially re¬ 
commend to our friends decided and efficient efforts to 
make a new Constitution; free from mere partisan bias 
—true to the great principles of liberty—based on the 
cardinal doctrines of Republicanism, and adapted to the 
present and future wants of the people of our noble 
State. 

Resolved, In a spiriritof trust—and a just regard to 
the source of all political power, that we owe it to our¬ 
selves to make all responsibility as direct to the people 
as possible—and that acting out this principle, the peo¬ 
ple should decide whether the Constitution to be framed 
shall or not become the fundamental Law of Ohio. 

This is about the extent of the public voice, at pub¬ 
lic meetings, that, to our recollection, has come under 
our eye. If there are other expressions, will some one 
be kind enough to send them to the New Constitu¬ 
tion? As the time for political action is drawing near, 
wo look for numerous expressions on the subject. 

Constitutional Reform. 

Some of the chief ends sought to be attained by a re¬ 
form of the Constitution of Ohio, and which we be¬ 
lieve will be advocated by the democratic party, are the 
following: first. 

All officers to be elected by the people. 

SECOND. 

A thorough reform in the Judiciary system and the 
practice of Courts, so that redress for wrongs may be 
speedily and cheaply obtained. 

THIRD. 

Taxes to be levied, in the same ratio, upon the cash 
] value of property of every kind, employed within, or 
belonging to citizens of the State. 

FOURTH. 

No State debt to be created, beyond a narrow limit, 
until its object and amount be approved by a direct vote 
of the people. 

FIFTH. 

No special piivileges to be granted to Banking or 
other corporations, but all provisions relating to bo¬ 
dies corporate, to be of a general kind, available alike 
I to any association of citizens, by compliance with the 
just requirements of a general law. 

SIXTH. 

Regular sessions of the Legislature to be biennial or 
triennial. 

SEVENTH. 

No one Legislature to be irrevocably hound by the 
acts of a previous one except in regard to public debts. 

EIGHTH. 

All Legislative powers, exercised for objects of a 
purely local nature, to be taken from the State Legis¬ 
lature, and to remain with the citizens of the locality, 
whether county, township, town or city, limited and 
regulated by constitutional provisions or general laws. 

NINTH. 

None but individuals of the white race to he recog¬ 
nized, politically, as citizens.— Jackson Co. Union. 










6 


THE NEW CONSTITUTION. 


Reform in our Judicial System. 

In the first number of “The New Constitution,” we 
present our readers with a communication on tins sub¬ 
ject, written for, and published in the “Ohio States¬ 
man” of June 15, 1841. In an editorial article in the 
same paper the communication is thus noticed: 

“Our Judiciary System. —‘A Democrat’ opens up 
the subject of our judicial system in our columns to¬ 
day—it lias long been one of complaint, and a discus¬ 
sion of the subject can do no harm. It cannot be a 
party question, for all are equally interested in the best 
system that can be devised. Our columns are open to 
a fair discussion of the subject. No one in Ohio is 
better qualified to be a judge in this case of a reform 
than ‘A Democrat.’ ” 

On the 22d of the same month the same talented 
correspondent wrote another communication, (which 
we will endeavor to re-publish in the next number of 
“Tiie New Constitution”) which was thus noticed in 
the Statesman of June 29, 1841: 

“Reform in the Judiciary. —We again welcome ‘A 
Democrat’ to our columns. The subject upon which 
he writes calls loudly for reform, and no man in Ohio, 
from his talents and legal knowledge, is more capable of 
doing justice to such a subject, than our correspond¬ 
ent.” 

When we name the author of these communications, 
it will be seen that the credit for talent and legal know¬ 
ledge, was not overrated. They were from the pen of 
ono now deceased, and who died regretted by all par¬ 
ties. Thomas L. Hamer, (for he was the author,) saw 
in his extensive practice the evils of tho system, and so 
anxious was he to apply the needful remedy, that lie 
was willing to leave all the other questions connected 
with a revision of the constitution in the back ground, 
for fear that a diversity of opionion might check the 
much needed reform in the Judiciary system. 

Strong as were the reasons urged in 1841, for a re¬ 
form of the judicial system of the State, they have gain¬ 
ed additional force in the seven years that have 
intervened since the subject was brought before the 
public by Gen. Hamer. So sadly defective, however, 
lias our present constitution shown itself to be, within 
the few past years, that judicial reform lias got to be 
but a question of secondary importance. 

We need not ask an attentive perusal to the commu¬ 
nication below, for the name of the author now, for 
t' o first time given to the public, will insure it: 

Col. Medary : The topics conected with National 
Politics for a few years past, have been of such an 
exciting character that we seem to have lost sight of ma¬ 
ny questions deeply effecting us as citizens of the Ohio. 
We have such questions before us, and they ought not 
to be disregarded, whether we can muster fortitude and 
forbearance necessary to their just and impartial con¬ 
sideration, remains to be seen. For one I am willing 
to try. Who will unite with me? Can we divest our¬ 
selves for a short time, of party feeling, and join to¬ 
gether as citizens of the same State, to accomplish 
an abject of vital importance to the whole community? 
If we cannot, we ought to confess our situation. 

It is doubtful whether a well informed man C3n be 


found in the State who does not feel the necessity of a 
change in our Judiciary system. For a number of 
years past it has been seen that the system was radical¬ 
ly defective. Its inefficiency is daily becoming more 
manifest, and at the present time its operation is such 
as to almost (amount to a denial of Justice. Suits 
are continued from term to term because the Supreme 
court has not time to try them, and yet that court is in 
session from the 1st of March till some time in Janua¬ 
ry, so that the Judges leave home in February, and 
close their business in January, allowing them four or 
five weeks of a vacation. No one acquainted with 
the gentlemen who now occupy the bench, will assert 
that they consume more time than is necessary' in 
hearing the causes which are tried before them. On 
the contrary', there are complaints among the mem¬ 
bers of the bar, that the Judges are compelled by cir 
cumstances to hurry cases, without giving them that 
deliberation to which they' are entitled. How can it be 
otherwise? Their time is limited in each county; and 
desirous as they are to dispose of all the business they 
can, they will be inadvertently led into a hurried mode 
of despatching business, which will occasionally' result 
in erroneous decisions. They are not only deprived of 
the requisite time, but on the circuit they are often 
forced to decide the most intricate questions of law 
without the necessary books to enable them to arrive at 
satisfactory conclusions. These and many other diffi¬ 
culties are encountered daily in the administration of 
justice. It is not proposed now to go into details. My 
object is to call public attention to this subject, and to 
urge the necessity of action. 

Our system cannot be changed without an alteration 
of the constitution, an effort to amend tiiis instrument 
should be made next winter. The mode of obtaining 
changes and amendments is pointed out in art 7th, sec. 
5th. Two-thirds of the General Assembly are to re¬ 
commend, and a majority of the people at the following 
election are to approve the measure, and then a conven¬ 
tion is to be called. If we begin now, a convention 
cannot meet until 1843. We may confine the conven¬ 
tion to the judiciary alone, and leave all other portions 
of the constitution as they are. As to the precise char¬ 
acter of the alterations they need not be discussed at 
present. Two years will afford time enough for that 
purpose. If we are competent to govern ourselves, we 
may not only discover the defects in our machinery, but 
may wisely apply the remedy. 

In hopes that somo abler writer will take up this 
subject and persue it, I shall trouble you no further at 
present. You will oblige me by' giving this on inser¬ 
tion in your valuable paper. 

Your ob’t serv’t, 

A DEMOCRAT. 

June 4th,1841. 

KjTMr. Cobden, in discussing in Parliament the ques¬ 
tion of reducing the army, thus alluded to this country 
in connection with the alleged necessity of keeping 
troops to preserve order in large cit\ps: 

“How is it in American towns? You have in many 
of them as large a population as you have in the towns 
of this country. New York is larger than Liverpool, 
yet you haye there neither a soldier nor a barrack of 
any sort. They have in New York conflicting inter¬ 
ests, opposing classes, and a constant influx of foreign¬ 
ers, as they have in Liverpool; they have an ever-vary¬ 
ing population, including emigrants from Germany and 
from Ireland, as much as we have in any town in En¬ 
gland; yet the peace is preserved there. And 1 say, 
what Englishmen can do in New York, they can do 
here, and that there is no necessity for a military force 
to maintain the peace of the country, if the people are 
airly represented and properly counselled.” 






THE NEW CONSTITUTION. 


The Fear of Innovation. 

The fear of breaking in upon established customs, 
which pervades a certain class of our citizens, though 
very correct, when exercised to a moderate extent, yet 
when carried to the length it is by those who oppose a 
new constitution on the ground that the present one is 
the work of our fathers, aud should not be altered, 
amended or set aside in favor of one more adapted to 
the spirit of the age, subjects the principle, or rather 
those who use such arguments, to ridicule. 

Even Sir Matthew Hale, who is relied upon by those 
opposed to a new constitution, as authority, and whose 
writings, in opposition to the amendment of the san¬ 
guinary laws during the time of Cromwells’ Protec¬ 
torship and of the reign of Charles II, when old women 
were burned for witches, was forced to sustain his posi¬ 
tion by other arguments, the greatest of which was the 
fear that, though the reformers of that age might pos¬ 
sibly “ espy something that may, in truth, be mischevi- 
ous in some particular case,” they would purchase a 
“reformation of the law with the introduction of greater 
inconveniences.” In the reformation of our law,—of 
the constitution of the state—the evil, feared by Chief 
Justice Hale, should not be entitled to weight, for ex¬ 
perience hath shown the necessity of all the changes 
askedfor. They are no untried experiments, which those 
who advocate a new constitution, ask—other states 
have tried them, and they have been engrafted upon 
other state constitutions, and have been productive of 
all the good claimed for them by their early advocates- 

In agovernment constituted as is ours, and based upon 
the intelligence of the people and their capability for 
self-government, there can be no danger of taking pow¬ 
er from the few and vesting it in the people. The ex¬ 
periment was tried when Srst our national government 
was formed, and the demand that the Legislative De¬ 
partment of the State Government be shorn of its 
power in relation to the election of state and other offi¬ 
cers, and in regard to the contraction of state debts, is 
but the carrying out of the same principle for which 
our Revolutionary fathers contended on the battle 
field. 

In goingtothe“Books,”they whoso fear innovation, 
that they would rather bear a positive evil than to 
gain a positive good, by enlarged liberties to the masses, 
will find authorities in abundance to support them, for 
all the ancient writers on Law, were enamored with 
the theory of government to which they were accus¬ 
tomed, and held the monarchical as the freest and best 
of human governments, and even in more modern 
times, when the theory of man’s capability for self 
government has been demonstrated, we find many of 
the disciples of Blackstone, without sense sufficient to 
sift the wheat from the chuff, holding to similar opin¬ 
ions because they were advocated by eminent men in 
the days when— 

“Crown andcrozier ruled a coward world,” 
and from Justinian down to the scribbler, in a city news¬ 


paper, who quoted Sir Matthew Hale of witch burning 
memory against a new constitution in Ohio, because 
he lived in other days, instances innumerable might 
be quoted in support of this assertion. 

To show the power which this fear of innovation 
exercises over the mind of men, of otherwise strong 
minds, a single instance will be sufficient. 

Sir Walter Scott, a lawyer of no mean acquirements, 
and had it not been that his titerary pursuits obtained 
a wider field and a more enduring fame than he could 
possibly acquire at the bar, would certainly have rank¬ 
ed high in his profession, wrote and published a long 
and labored argument against the adoption of the trial 
by jury, as a part of the law of Scotland, because it 
was an innovation. Sir Walter Scott felicitated his 
countrymen upon the fact, that in Scotland, the “priv¬ 
ileges of the public prosecutor are not controlled by 
the grand jury.” He too quoted Sir Matthew Hale in 
support of his argument against Judicial Reform, m 
Scotland; as the same Judge is now quoted in the 
United States, and as he has been quoted in other 
states and in other lands, whenever man wished to keep 
his fellow man behind the progressive spirit of the age. 
Though Scott, regardful of the age in which he lived, 
was forced to admit that a “superstitious regard for an¬ 
tiquity ought (not) to stay the hand of a temperate re¬ 
form.” yet he added: 

“But the task [giving Scotland the right of trial by 
jury and other needed reforms] is delicate and full of 
danger; perilous in its execution and extremely doubt¬ 
ful in its issue. Is there not rational ground to appre¬ 
hend that, in attempting to eradicate tiie disease, the 
sound part of the constitution may be essentially in¬ 
jured.” 

Precisely similar are the arguments of the opponents 
of reform in this country. Sir Walter Scott, as a 
writer of Romances and History, has a world-wide 
fame—a fame that will survive we trust, the wreck of 
all monarchical governments of the world. He was of 
our own day, and though he opposed as an innovation 
the right of trial by jury, deemed by the Anglo Saxon 
race one of the most sacred of rights, with the lights 
of English experience before him, he lived to see the 
principle adopted in Scotland, and his fears for the re¬ 
sult blew to the four winds. 

This dread of innovation has ever been a stumbling 
block in the way of reform and of progress. It was 
but an “innovation” on the part of Columbus, in de¬ 
parting from the track of other voyages that gave the 
American continent to civilization, aud it was “innova¬ 
tion” upon the part of our revolutionary fathers, that 
gave us freedom. 

The constitution of Ohio, is acknowledged to be 
sadly defective. Let no idle fear of innovation check 
its reform, for idle, such fears are, in a republic, gov¬ 
erned by the people, who have the inherent power to 
right all wrongs. LUTHER. 

“There are no necessary evils in a government—the 
evils exist only in abuses.” 













8 


THE NEW CONSTITUTION. 


0 


'The States—Their Constitutions, &c. 

As a matter of interest to the general reader—and 
particularly interesting at this time—and preparatory 
to our publication, we give below, mainly compiled 
from Hickey’s Constitution of the United States, a 
statement of the formation of the governments of 
the several states, and of the time they became 
members of the Uuion by the adoption or ratification 
of the Federal Constitution, by their admission as 
states, or since the establishment of the Federal Con¬ 
stitution. 

The thirteen original states that formed and con¬ 
firmed the Union, by the adoption of the Constitution, 
are as follows: 

New Hampshire, 

Embraced under the charters of Massachusetts, and 
continued under the same jurisdiction until September 
18, 1679, when a separate charter and government was 
granted. A constitution was formed on January 5, 
1776, which was altered in 1784, and was further alter¬ 
ed and amended on February 13, 1792. This state rat¬ 
ified the Constitution of the United States, June 21, 
1788. 

Massachusetts, 

Settled under the compacts of the emigrants of Novem¬ 
ber 3, 1620, and chartered March 4, 1629; also char¬ 
tered January 13, 1630 ; an explanatory charter 
granted August 20, 1726, and more completely char¬ 
tered October 7, 1731 ; formed a Constitution on 
March 2, 1780, which was altered and amended on 
November 3, 1820. Ratified the Constitution of the 
United States February 6, 1788. 

Rhode Island, 

Embraced under the charters of Massachusetts, and 
continued under the same jurisdiction until July 8, 
1662, when a separate charter was granted, which con¬ 
tinued in force until a constitution was formed in 
September, 1842. Ratified the Constitution of the 
United States, May 29, 1790. 

Connecticut, 

Embraced under the charters of Massachusetts, and 
continued under the same jurisdiction until April 23, 
1662, when a separate charter was granted, which con¬ 
tinued in force until a constitution was formed, on 
September 15, 1818. Ratified the Constitution of the 
United States, January 9, 1788. 

New York, 

Granted to Duke of York, March 20, 1684; April 26, 
1664; June 24, 1664. Newly pateuted on February 
9, 1674 ; formed a constitution on April 20, 1777, 
which was amended on October 27, 1801, and further 
amended November 10,1821. A new constitution was 
formed in 1846. Ratified the Constitution of the 
United States July 26, 1788. 

- New Jersey, 

Held under the same grants as New York ; separated 
into East and West Jersey on March 3, 1677. The 
government surrendeied to the Crown in 1702, and so 


continued until the formation of a constitution on July 
2, 1776. Ratified the Constitution of the United 
States, December 18, 1787. 

Pennsylvania, 

Chartered on February 28,1681; formed a constitution 
on September 28, 1776; amended, &c., on September 
2, 1790- Ratified the Constitution of the United 
States, December 12, 1787. On the 14th of April, 
1835, a resolution passed the legislature in relation to a 
revision of the state constitution; which convention 
met on the 11th of May, 1837, and gave a new consti¬ 
tution to the state, which was accepted by the people, 
and is now under a process of amendment. 

Delaware, 

Embraced in the charter, and continued under the 
government of Pennsylvania until the formation of a 
constitution, on September 20, 1776; a new constitu¬ 
tion formed on June 12, 1792. Ratified the Constitu¬ 
tion of the United States, December 7, 1787. 

Maryland, 

Chartered on June 20, 1632; formed a constitution 
August 14, 1776, which was amended in 1795 and 
1799, and further amended in November, 1812. Rati¬ 
fied the Constitution of the United States, on April 
28, 1788. 

Virginia, 

Chartered April 10, 1606, May 23, 1609, and March 
12, 1612; formed aj constitution on July 5, 1776; 
amended January 15, 1830. Ratified the Constitution 
of the United States, June 26, 1788. 

North Carolina, 

Chartered on March 26, 1663, and June 30, 1665; 
formed a constitution, December 18,1776, which was 
amended in 1835. Ratified the Constitution of the 
United States, November 21, 1789. 

South Carolina, 

Embraced in the charters of Carolina, or North Caroli¬ 
na, from which it was separated in 1729; formed'a con¬ 
stitution March 26, 1776, which was amended on 

March 19,1778, and June 3, 1790. Ratified the Con¬ 
stitution of the United States, May 23, 1788. 

Georgia, 

Chartered on June 9, 1732; formed a constitution on 
February 5, 1777, a second in 1785, and a third on 
May 30, 1798. Ratified the Constitution of the United 
States, January 2, 1788, 

The ratification of nine states being sufficient for 
the establishment of the constitution, and it having re¬ 
ceived the assent of eleven of the thirteen states, it 
was determined by an act of Congress passed Septem¬ 
ber 13, 1788, under the resolution of the convention, 
that the Constitution of the United States had been 
established, and that it should go into operation on the 
first Wednesday (4th day) of March, 1789. 

The states of North Carolina and Rhode Island, it 
will be seen, ratified the constitution after it went into 
operation. The latter state, it will also be seen, did 
not form a state constitution until September, 1842, 






THE NEW CONSTITUTION. 


t 


9 


having been governed,until that time, by a charter ob¬ 
tained from Charles II, King of England, in 1662. 

The new states admitted into the Union since the 
adoption of the Constitution of the the United States, 
are as follows: 

Vermont, 

Formed from part of the territory of New York, with 
the consent of the legislature, applied to Congress, at 
Philadelphia, Feb. 9, 1791, for admission into the 
Union. On the 18th of February, of the same year, 
the law for the admission of the state was passed, to 
take effect on the 4th of March following. The state 
constitution was adopted by Vermont on the 9th of 
July,1793. 

Kentucky, 

Formed from the territory of Virginia, with the con¬ 
sent of the Legislature. Applied to Congress for ad¬ 
mission into the Union December 9, 1790, and was 
admitted, June 1, 1791, by act approved on the 4th of 
February of the same year; state constitution formally 
adopted August 17, 1799. The people of the state are 
now about electing delegates to forma new constitu¬ 
tion. 

Tennessee, 

Formed out of territory ceded to Congress by North 
Carolina. A convention met, formed a state constitu¬ 
tion, and made application for admission into the 
Union in 1796, and was admitted by act of Congress 
passed and approved June 1, 1796. 

Ohio, 

Formed out of a part of the territory north-west of 
the river Ohio, which was ceded to the United States 
by the General Assembly of Virginia, at their sessions 
begun October 20, 1783, and accepted by the Congress 
of the United States, March 1,1784. The act of Vir¬ 
ginia was modified by act of Assembly of December 
30,1788, consenting that the territory be divided into 
not more than five, nor less than three states, and as¬ 
senting to the ordinance of Congress, for the govern¬ 
ment of this territory, which was passed July'13, 1787. 
An act to provide for the government of the territory 
north-west of the river Ohio, was approved on August 
7, 1789. This territory was divided into two separate 
governments by act of Congress of May 7. 1800. 

The census of the territory, and petitions from the 
people thereof, referred to committee of the House of 
Representatives. (See Journal, January 29, 1802. 
See report March 4, 1802, folio State Papers, “Miscel¬ 
laneous,” vol. 1, p. 325.) An act to enable the people 
of the eastern division of said territory to form a con¬ 
stitution and state government, was passed and ap¬ 
proved April 30, 1802, by which the state was allowed 
one representative in Congress. A constitution was 
accordingly formed on November 29,1802, and present' 
ed to Congress. (See Journal Senate, January 7,1803.) 

The inhabitants having, on November 29, 1802, 
complied with the act of Congress, of April 30, 1802, 
whereby the said state became one of the United 


States, an act was passed and approved on February 
19, 1803, for the due execution of the laws of the 
United States, &c., within the state. 

An act in addition to, and in modification of the 
propositions contained in the act of April 30, 1802, 
was passed and approved on March 3, 1803. 

The state constitution was formed by a Convention 
which met at Chillicothe on the 29th of November, 
1802. 

Lousiana, 

Formed out of part of the territory ceded to the Uni¬ 
ted States by France, by Treaty of April 30, 1803.— 
On the 31st of October 1803, Congress passed a law to 
enable the President to take possession of the territo¬ 
ry, and for the temporary government of the same.— 
Erected into two territories, March 26,1804, and called 
the Territory of Orleans, the other Districtof Louisiana. 
March 2, 1805, an act was passed for the government 
of the Territory of Orleans, which authorized the peo¬ 
ple, when their number should amount to 60,000, to 
form a State Government. In 1810, a memorial to 
Congress from the Legislature, was presented, which 
led Congress to pass a law to enable the people of Or¬ 
leans Territory to adopt a Constitution andform aState 
Government, approved Feb. 20, 1811. On the 22d of 
January 1812, the Constitution of the State was adopt¬ 
ed, the Convention giving the name of Louisiana to 
the new State, and on the 18th of April 1812, Louisana 
was admitted into the Union. 

Mississippi, 

Formed out of territory ceded by South Carolina in 
1787, and by Georgia in 1802. Mississippi territory 
was created, April 7, 1798. After various attempts to 
get a bill passed, the proposition being several times de¬ 
feated by Congress, a law to allow the people to form 
a State Constitution was finally passed and approved 
March 1, 1817. On the 15th of August, the State 
Constitution was framed, and Mississippi was admitted 
into the Union on the 10th of December 1817. 

Illinois, 

Formed February 3, 1809, out of part of the North 
Western Territory ceded by Virginia. Memorial of 
the Legislative council to be allowed to form a State 
Government was presented to Congress, January 16, 
1818. The law granting this request was approved 
April 18,1818. On the 26th of August following, the 
State Constitution was adopted and Illinois was admit¬ 
ted into the Union by act of Congress, approved Dec. 
3, 1818. Pursuant to the recommendation of the Le¬ 
gislature, Delegates were elected to a Convention, to 
forma new Constitution, which metat Springfield,and 
closed its labors on the 31st of August, 1847. The 
new Constitution was approved and ratified by the peo¬ 
ple at the March elections, of 1848. 

Indiana, 

Formed out of a part of the North Western Territory, 
ceded by Virginia to the United States. The Territo¬ 
ry of Indiana was established by an act of Congress 











10 


THE NEW CONSTITUTION. 


of May 7, 1800. Divided into two territorial Gov¬ 
ernments, by act of January 11, 1805, the new Terri¬ 
tory of Michigan being created. The territory was 
again divided into two separate Governments, and Illi¬ 
nois territory was created by act of Congress of Feb. 
3,1809. In 1816, the people of Indiana applied for ad¬ 
mission into the Union, an act was passed April 19, 
1816, to allow them to form a State Constitution.— 
On the 29th of June 1816, the State Constitution was 
formed and Indiana was admitted into the Union by 
act of Congress, approved December 11, 1816. 

Alabama, 

Formed out of the territory ceded to Congress by 
the States of South Carolina and Georgia. Detached 
from Mississippi Territory and made a separate territo¬ 
ry and called ‘Alabama,’by act of Congress approved 
March 3, 1817. Legislative council petitioned Con¬ 
gress for power to form a State Constitution, Dec. 7, 
1818 . The act for that purpose passed and approved 
March 2, 1819. On the 2d of August 1819, the peo¬ 
ple having formed a State Constitution, a law admitting 
Alabama into the Union as a State was passed and ap¬ 
proved Dec. 14, 1819. 

Maine, 

Formed out of part of the Territory of Massachusetts 
Adopted a State Constitution October 29, 1819, and 
December 8th, of the same year, petitions were pre¬ 
sented to Congress for the admission of the district of 
Maine into the Union as a State, and the law for that 
purpose was passed and approved March 3, 1820, to 
take effect on the 15th of the same month. 

Missouri, 

Formed out of the territory ceded by France in 1803' 
An act providing for the government of the territory 
of Missouri was passed and approved June 4, 1812, by 
which.it was provided ‘that the territory heretofore 
called Louisiana shall hereafter be called Missouri,’ &c. 
the State of Louisiana having assumed the name by 
which Missouri was formerly known. On the 29th of 
December 1819, the territorial Legislature, in the name, 
and on behalf of the people, applied for admission into 
the Union, and the law authorizing them to form a 
State Constitution was passed and approved March 6, 
1820. On the 19th of July 1820, the State Constitu¬ 
tion was formed, and laid before Congress on the 16th of 
November following. After various attempts to pass 
the necessary law, a joint resolution for the purpose was 
finally introduced, and was passed and approved, March 
2,1820, by which on certain conditions the people of the 
territory could change their territorial fora State Gov¬ 
ernment. The said condition was acceded to by the ter¬ 
ritorial Legislature, and on the 10th of August, 1821, the 
President of the United States issued his Proclamation de¬ 
claring the admission of Missouri, as one of the States 
of the Union, complete according to law. 

Arkansas, 

Was also formed out of a part of the territory ceded by 


France to the United States. The territorial govern¬ 
ment was formed by law, approved April 21, 1620. 

A memorial from the inhabitants, asking admission in¬ 
to the Union, was presented to Congress, March 1, 
1836. On the 30lh of Janury 1836, the State Consti¬ 
tution was formed, and the law for the admission of the 
State of Arkansas, was passed and approved the 15th 
of Juno following. 

Michigan, 

Formed out of the territory ceded by Virginia to the 
Western States long known as the Northwestern Terri¬ 
tory. The Legislative council petitioned Congress 
Jan. 25, 1833, for the admission of Michigan in the Un¬ 
ion. On the 26th of January 1837, the act for the 
admission of Michigan into the Union as a State was 
formally passed and approved. The State constitution 
was framed by a Convention which met in Detroit on 
the second Monday of May, 1835; and was amended by 
the Legislatures of 1837 and 1838. The Legislature, 
which has just adjourned, passed a joint resolution in 
relation to calling a convention to form a new Consti¬ 
tution. 

Florida, 

[ Formed out of territory ceded to the United States by 
Spain by treaty of Feb. 22,1819. March 3, of the same 
year, Congress passed a bill to authorize the President 
to take possession of the ceded territory and to estab¬ 
lish a territorial government therein. On the 30th of 
March, 1822, a territorial government was formed. 
State constitution adopted Jan. 11th, 1839, and the ter¬ 
ritory admitted into Union as a State on the 3d day of 
March 1845. 

Iowa, 

Formed out of part of the territory of Wisconsin, 
June 12th, 1848. The State Constitution was formed 
October 7, 1844, and Iowa was admitted into the Union 
as a State, by the act of Congress, passed March 3, 
1845. The same law which provided for the admission 
of Iowa into the Union, also provided for the admission 
of Florida. 

Texas, 

Formed of territory originally ceded by France to the 
United States, which was afterwards ceded to Spain— 
subsequently wrested from Spain by the Mexican rev¬ 
olution, then wrested from Mexico by the Texas revo¬ 
lution of 1836, and annexed to the United States by 
joint resolution of Congress passed and approved March 
1, 1845, with the consent of the people. The State 
constitution was formed on the 27th of August, 1845, 
and Texas was admitted into the Union as a State by 
act of Congress approved the 29th of December of the 
same year. 

Wisconsin, 

Formed out of part of the territory of Michigan. Ter¬ 
ritorial government formed by law, passed and approv¬ 
ed, April 20, 1836. State constitution formed January 
21,1847. On the 3d of March 1847, a law of Congress 








11 


THE NEW CONSTITUTION. 


was passed admitting Wisconsin into the Union as a 
Slate, on condition that the people ratified the State 
Constitution, which ratification was subsequently had. 


New Constitution. 

Whatever may be the feeling in other parts of the 
State in regard to the calling of a Convention to form 
a new Constitution, we can assure our friends and 
others abroad that in this region it creates but little in¬ 
terest; and unless quite a revolution is effected in the 
public mind, it will not receive the sanction of the 
county of Athens. Hundreds who admit the radical 
defects of the present Constitution, look upon the pre¬ 
sent as an unpropitious moment to attempt a change. 
Should a similar feeling exist, and continue, through 
out the State, scarce any Constitution that might be re¬ 
commended by a Convention could be adopted by the 
People.— Athens Messenger. 

We hope the Athens Messenger is mistaken as re¬ 
gards the feelings of the people of that county on the 
subject of a new constitution, or to use its own lan¬ 
guage, “in regard to the calling of a Convention to 
form a new Constitution.” If there are serious objec¬ 
tions to such a measure in that county, we should be 
glad to have some person embody them in an article 
for our “New Constitution.” We will give them am¬ 
ple space, and endeavor to answer them candidly and 
fully, that the arguments pro and con may be consid¬ 
ered 

The editor confesses that‘hundreds’ ‘admit the radical 
defects of the present Constitution,” but they “look 
upon the present as an unpropitious moment to attempt 
it.” 

When would there be a more “propitious moment?” 
We have just passed through our quadrennial presiden¬ 
tial excitement, and while the smoke is clearing away 
after the battle, and before the ordnance is charged for 
another round, is the time to attempt State reform. 
Now is the time to discuss State affairs—the proper 
time, because they can be taken up and disposed of on 
their own intrinsic merits, without being subjected to 
the tests of presidential candidates or presidential aspi¬ 
rants. Less of personal or party politics will be likely 
to interrupt the set deliberations of the people at this 
time more than any other. Such is our opinion, and 
we should like to see the reasons given at length why 
we are not right. 

We hope Athens county, and every other county in 
the State, will vote for a Convention; though we are 
forced to admit that many draw the conclusion that 
because there is an apparent apathy on the subject, 
there will be a very large vote against the call of a con¬ 
vention, if not enough to reject it. 

Public opinion has not yet developed itself—the pre¬ 
sent is a season of the year when public affairs are the 
least talked about; but from this time forward it will 
be different, and everything appertaining to the public 
welfare will be agitated, and then we shall be better 
able to judge what the public will is. 


The Joint Resolution fora Convention to 
Amend the Constitution. 

The following is a copy of the joint resolution for 
amending the Constitution, as reported by Mr Arch¬ 
bold, from the Judiciary committee, to which was re¬ 
ferred the resolution of Mr. Goddard, on the same sub¬ 
ject. It passed with but four dissenting votes in the 
Senate and two in the House of Representatives. A 
bill for the same purpose was previously defeated in 
the House, by a failure to receive the two-third vote 
necessary to pass it: 

Joint Resolution, 

Relative to taking a Vote by the People to amend the Con¬ 
stitution of the State. 

Resolved by the General Assembly of the State of Ohio, 
(two-thirds of the members of each House of the Gen¬ 
eral Assembly concurring therein,) That it is necessa¬ 
ry to amend the Constitution of the State of Ohio, and 
we do hereby recommend to the electors, at the next 
election for members of the General Assembly, to vote 
for or against a Convention, agreeably to the provisions 
of the fifth section of the seventh article of the Con¬ 
stitution ; and the Judges of elections held within 
each and every township of this State shall receive and 
transmit with the return of votes given for members 
of the General Assembly, to the Clerk of the Court of 
Common Pleas within their respective counties, a state¬ 
ment of all the votes given within their respective 
townships, for and against a Convention. And the 
Clerks of the Courts of Common Pleas in the several 
counties within this State are directed to include in the 
general abstract of votes given within their respective 
counties for members of the,General Assembly, a 
statement of the number of votes given within their 
respective counties for and against a Convention to 
amend the Constitution of this State, and returned to 
their respective offices, and forward the same to the of¬ 
fice of the Secretary of State previously to the next 
session of the General Assembly. 

JOHN G. BBESLIN, 
Speaker of the House of Representatives. 
BREWSTER RANDALL, 

Speaker of the Senate. 

March 23, 1849. 

Secretary of State’s Office, 
Columbus, May 7, 1849. 

I hereby certify that the foregoing is a correct copy 
of the original enrolled Resolution, now on file in this 
office. SAMUEL GALOWAY, 

Secretary of State. 

Athens. 

We take the following eloquent extract from a re¬ 
view of Bulwer’s Athens, in Blackwood’s Magazine: 

“Nowhere else is it to be found a state so small in 
its orgin, and yet so great in its progress; so contracted 
in its territory, and yet so gigantic in its achievements: 
so limited in numbers, and yet so immortal in genius. 
Its dominions on the continent of Greece did not ex¬ 
ceed an English county: its free inhabitants nevera- 
mounted to thirty thousand citizens, yet these incon¬ 
siderable numbers have filled the world with their re¬ 
nown; poetry, philosophy, architecture, tragedy, geom¬ 
etry, physics, history, politics, almost date their orgin 
from Athenian genius; and monuments of art with 
which they have overspread the world still form the 
standard of taste in every civilized nation on earth.” 










12 


THE NEW CONSTITUTION. 


Constitution of the United States, 

We, the people of the United States, in order to form 
a more perfect union, establish justice, insure domes¬ 
tic tranquility, provide for common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and to our posterity, do ordain and estab¬ 
lish this Constitution for the United States of 
America. 

ARTICLE I. 

OF THE LEGISLATIVE POWER. 

Section 1. All legislative powers herein granted, 
shall be vested in a congress of the United States, 
which shall consist of a senate and house of represen¬ 
tatives. 

Sect. 2. The house of representatives shall be com¬ 
posed of members chosen every second year, by the peo¬ 
ple of the several states; and the electors in each state 
shall have the qualifications requisite forelectors of the 
most numerous branch of the state legislature. 

No person shall be a representative who shall not 
have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that slate 
in which he shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several states which may be included within 
this Onion, according to their respective numbers; 
which shall be determined by adding to the whole num¬ 
ber of tree persons, including those bound to service for | 
a term of years, and excluding Indians not taxed, three | 
fifths of all other persons. 

The actual enumeration shall be made within three 
years after the first meeting of the congress of the Uni¬ 
ted States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one for 
every thirty thousand, but each state shall have at least 
one representative: and until such enumeration shall 
be made, the state of New Hampshire shall be entitled 
to choose three; Massachusetts eight; Rhode Island and 
Providence Plantations one; Connecticut five; New 
York six; New Jersey four; Pennsylvania eight; Dela¬ 
ware one; Maryland six; Virginia ten; North Carolina 
five; South Carolina five, and Georgia three. 

When vacancies happen in the representation from 
any state, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

The house of representatives shall choose their 
speaker and other officers; and shall have the sole power 
of impeachment. 

Sect. 3. The senate of the United States shall be 
composed of two senators from each state, chosen by 
the legislature thereof, for six years; and each senator 
shall have one vote. 

Immediately after they shall be assembled, in conse¬ 
quence of the first election, they shall be divided, as equal¬ 
ly as may be, into three classes. The seatsof the sena¬ 
tors of the first class shall be vacated at the expiration 
of the second year; of the second class at the expiration 
of the fourth year; and of the third class at the expira¬ 
tion of the sixth year; so that one third may be chosen 
every second year; and if vacancies happen, by resigna¬ 
tion or otherwise, during the recess of the legislature of 
any state, the executive thereof may make temporary 
appointments, until the next meeting of the legislature, 
which shall then fill such vacancies. 

No person shall be a senator who shall not have at¬ 
tained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he 
shall be chosen. 

The vice president of the United States shall be pre¬ 


sident. of the senate, but shall have no vote, unless they 
be equally divided. 

The senate shall choose their other officers, and also 
a president pro tempore, in the absence of the vice pre¬ 
sident, or when he shall exercise the office of president 
of the United States. 

The senate shall have the sole power to try all im¬ 
peachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the president of 
the United States is tried, the chief justice shall preside; 
and no person shall be convicted without *he concur¬ 
rence of two thirds of the members present. 

Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust or profit 
under the United States; but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial, 
judgment and punishment according to law. 

Sect. 4. The times, places and manner of holding 
elections for senators and representatives, shall be pre¬ 
scribed in each state by the legislature thereof; but the 
congress may at any time bylaw, make or alter such 
regulations, exceptas to the places of choosingsenators. 

The congress shall assemble at least once in every 
year; and such meeting shall be on the first Monday in 
December, unless they shall by law gppoinfa different 
day. 

Sect. 5. Each house shall be the judge of the elec¬ 
tions, returns and qualifications of its ow T n members, 
and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attend¬ 
ance of absent members, in such manner, and under 
such penalties, as each house may provide 

Each house may determine the rules of its proceed¬ 
ings, punish its members for disorderly behaviour, and 
with the concurrence of two thirds, expel a member. 

Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and 
the yeas and nays of the members of either house, on 
any question, shall, at the desire of one fifth of those 
present, be entered on the journal. 

Neither house, during the sesston of congress, shall, 
without the consent of the other-, adjourn for more than 
three days, nor to any other place than that in which 
the two houses shall be sitting. 

Sect. 6. The senators and representatives shall re¬ 
ceive a compensation for their services, to be ascer¬ 
tained by law, and paid out of the treasury of the Uni¬ 
ted States. They shall, in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respec¬ 
tive houses, and in going to or returning from the same: 

| and for any speech or debate in either house, they shall 
not be questioned in any other place. 

No senator or representative shall, during the time 
for which he was elected, be appointed to any civil 
office under the authority of the United States, which 
shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no 
person holding any office under the United States, shall 
be a member of either house during his continuance in 
office. 

Sect. 7. All bills for raising revenue shall originate 
in the house of representatives; but the senate may pro¬ 
pose or concur with amendments, as on other bills. 

Every bill which shall have passed the house of re¬ 
presentatives and the senate, shall, before it become a 
law, be presented to the president of the United States; 
if he approve, he shall sign it, but if not, he shall re¬ 
turn it, with his objections, to that house in which it 
: shall have originated, who shall enter the objections at 
1 large on their journal, and proceed to reconsider it. If, 









THE NEW CONSTITUTION. 


13 


after such recousideration, two thirds of that house 
shall agree to pess the bill, it shall be sent, together 
with the objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by two 
thirds of that house, it shall become a law. But in all 
such cases, the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting 
for and against the bill, shall be entered on the journal 
of each house respectively. If any bill shall not be re¬ 
turned by the president within ten days (Sundays ex¬ 
cepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, 
unless the congress, by their adjournment, prevent its 
return, in which case it shall not be a law. 

Every order, resolution or vote to which the concur¬ 
rence of the senate and house of representatives may 
be necessary, (except on a question of adjournment) 
shall be presented to the president of the United States; 
and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be re-passed 
by two thirds of the senate and house of representatives, 
according to the rules and limitations prescribed in the 
case of a bill. 

Sect. 8. The congress shall have power: 

To lay and collect taxes, duties, imposts and excises; 
to pay the debts and provide for the common defence 
and general welfare of the United States; but all du¬ 
ties, imposts and excises, shall be uniform through¬ 
out the United States: 

To borrow money on the bredit of the United States: 

To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes: 

To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, through¬ 
out the United States: 

To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and mea¬ 
sures: 

To provide for the punishment of counterfeiting the 
securities and current coin of the United States: 

To establish post offices and post roads: 

To promote the progress of science and useful arts, 
by securing, for limited times,to authors and inventors, 
the exclusive right to their respective writings and dis¬ 
coveries: 

To constitute tribunals inferior to the supreme court: 

To define and punish piracies and felonies commit¬ 
ted on the high seas, and offences against the law of 
nations: 

To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water: 

To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than two 
years: 

To provide and maintain a navy: 

To make rules for the government and regulation of 
the land and naval forces: 

To provide for callingforth the militia to execute the 
laws of the Union, suppress insurrections and repel in¬ 
vasions: 

To provide for organizing, arming and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States, re¬ 
serving to the states respectively, the appointment of 
the officers, and the authority of training the militia, 
according to the discipline prescribed by congress: 

To exercise exclusive legislation in all cases whatso¬ 
ever, over such district (not exceedingten miles square) 
as may by cession of particular states, and the excep- 
tance of congress, become the seat of government of 
the United States, and to exercise like authority over all 
places purchased by the consent of the legislature of the 
state in which the same shall be, for the erection of 


forts, magazines, arsenals, dock-yards and other need¬ 
ful buildings—and 

To make all laws which shall be necessary and pro¬ 
per for carrying into execution the foregoing powers 
and all other powers vested by this constitution, in the 
government of the United States, or in any department 
or officer thereof. 

Sect. 9- The migration or importation of such per¬ 
sons as any of the states now existing, shall think pro¬ 
per to admit, shall not be prohibited by the congress, 
prior to the year one thousand eight hundred and eight; 
but a tax or duty may be imposed on sucn importation, 
not exceed ten dollars for each person. 

The privilege of the writ of habeas corpus shall not 
be suspended, unless when in cases of rebellion or in¬ 
vasion the public safety may require it. 

No bill of attainder or ex post facto law shall be pas¬ 
sed. 

No capitation, or other direct tax, shall be laid, unless 
in proportion to the census or enumeration herein be¬ 
fore directed to be taken. 

No tax or duty shall be laid on articles exported from 
auy state. No preference shall be given by any regula¬ 
tion of commerce and revenue to the ports of one state 
over those of another; nor shall vessels bound to, or 
from one state, be obliged to enter, clear, or pay duties 
in another. 

No money shall be drawn from the treasury, but in 
consequence of appropriations made by law; and a re¬ 
gular statement and account of the receipts and ex¬ 
penditures of all public money shall be published from 
time to time. 

No title of nobility shall be granted by the United 
States; and no person bolding any office of profit or 
trust under them, shall, without the consent of con¬ 
gress, accept of any present, emolument, office, qr title, 
of any kind whatever, from any king, prince, or foreign 
state. 

Sect. 10. No state shall enter into any treaty, alli¬ 
ance or confederation; grant letters of marque and re¬ 
prisal; coin money; emit bills of credit; make any thing 
but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, ex post facto law, or law im¬ 
pairing the obligation of contracts, or grant any title of 
nobility. 

No state shall, without the consent of the congress, lay 
any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in¬ 
spection laws; and the net produce of all duties and im¬ 
posts, laid by any state on imports or exports, shall be 
for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of 
the congress. No state shall, without the consent of 
congress, lay any duty of tonnage, keep troops or ships 
of war in time of peace, enter into any agreement or 
compact with another state, or with a foreign power, 
or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 

OF THE EXECUTIVE. 

Sect. 1. The executive power shall be vested in a 
President of the United States of America. He shall 
hold his office during the term of four years; and 
together with the vice president, chosen for the same 
term, be elected as follows: 

Each state shall appoint, in such manner as the legis¬ 
lature thereof may direct, a number of electors, equal to 
the whole number of senators and representatives to 
which the state may be entitled in the congress: but no 
senator or representative, or person holding an office of 
trust or profit under the United States, shall be ap¬ 
pointed an elector. 








14 


THE NEW CONSTITUTION. 


[The electors shall meet in their respective states, 
and vote by ballot for two persons, of whom one at least 
shall not be an inhabitant of the same state with them¬ 
selves: and they shall make a list of all the persons voted 
for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to 
the president of the senate. Thepresident of the senate 
shall, in the presence of the senate and house of repre¬ 
sentatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest 
number of votes shall be the president, if such number 
be a majority of the whole number of electors appoint¬ 
ed; and if their be more than one who have such ma¬ 
jority, and have an equal number of votes, then the 
house of representatives shall immediately choose by 
ballot, one of them for president; and if no person have 
a majority, then from the five highest on the list, the 
said house shall, in like manner, choose the president: 
but in choosing the president, the votes shall be taken 
by states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a mem¬ 
ber or members from two-thirds of the states, and a 
majority of all the states shall be necessary to a choice. 
In every case after the choice of the president, the per¬ 
son having the greatest number of votes of the electors 
shall be the vice president. But if there should remain 
two or more who have equal votes, the senate shall 
choose from them, by ballot, the vice president.] 

[This clause altogether altered and supplied by the XII 
amendment. ] 

The congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes; which day shall be the same throughout the 
United States. 

No person except a natural born citizen, or a citizen 
of the United States at the time of the adoption of this 
constitution, shall be eligible to the office of president; 
neither shall any person be eligible to that office who 
shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United 
States. 

In case of the removal of the president from office, or 
of his death, resignation or inability to discharge the 
powers and duties of the said office, the same shall de¬ 
volve on the vice president, and the congress may by 
law provide for the case of removal, death, resignation 
or inability, both of the president and vice president, 
declaring what officer shall then act as president, and 
such officer shall act accordingly, until the disability be 
removed, or a president shall be elected. 

The president shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the period for which he shall 
have been elected; and he shall not receive, within that 
period, any other emolument from the United States, 
or any of them. 

Before he enter on the execution of his office, he shall 
take the following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully 
execute the office of president of the United States, and 
will, to the best of my ability, preserve, protect and de¬ 
fend the constitution of the United States.” 

Sect. 2. The president shall be commander-in-chief 
of the army and navy of the United States, and of the 
militia of the several states, when called into the actual 
service of the United States: he may require the opinion 
in writing, of the principal officer in each of the execu¬ 
tive departments, upon any subject relating to the du¬ 
ties of their respective offices; and he shall have power 
to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

He shall have power, by an with the advice and con¬ 
sent of the senate, to make treaties, provided two thirds 


of the senators present concur; and he shall nominate, 
and by and with the advice and consent of the senate, 
shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other 
officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be estab¬ 
lished by law. But the congress may by law vest the 
appointment of such inferior officers, as they think pro¬ 
per, in the president alone, in the courts of law, or in 
the heads of departments. 

Thepresident shall have power to fill up all vacancies 
that may happen during the recess of the senate, by 
granting commissions, which shall expire at the end 
of their next session. 

Sect. 3. He shall, from time to time, give to the 
congress information of the state of the Union, and re¬ 
commend to their consideration such measures as he 
shall judge necessary and expedient: he may r , on extra¬ 
ordinary 7 occasions, convene both houses, or either of 
them; and, in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper: he shall re¬ 
receive ambassadors and other public officers: he shall 
take care that the laws be faithfully executed,and shall 
commission all the officers of the United States. 

Sec. 4. The president, vice president, and all civil 
officers of the United States, shall be removed from of¬ 
fice on impeachment for, and conviction of treason, 
bribery or other high crimes and misdemeanors. 

ARTICLE III. 

OF THE JUDICIARY. 

Sec. 1. The judicial power of the United States 
shall be vested in one supreme court, and in such infe¬ 
rior courts as the congress may, from time to time,or¬ 
dain and establish. The judges, both of tha supreme 
and inferior courts, shall hold their offices during good 
behavior; and shall at stated times, receive for their ser¬ 
vices a compensation, which shall not be diminished 
during their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, 
in law and equity, arising under this constitution, the 
laws of the United States, and treaties made, or which 
shall be made, under their authority 7 ; to all cases affect¬ 
ing ambassadors, other public ministers and consuls; to 
to all cases of admirality and maritime jurisdiction; to 
controversies to which the United States shall be a par¬ 
ty 7 ; to controversies between two or more States; be¬ 
tween a State and citizens of another State; between 
citizens of different States; between citizens of the 
same State, claiming lands under grants of different 
States; and between a State or thecitizens thereof, and 
foreign States, citizens or subjects. 

In all cases affecting ambassadors, other public minis¬ 
ters and consuls, and those in which a State shall be 
party, the supreme court shall have original jurisdic¬ 
tion. In all the other cases before mentioned, the su¬ 
preme court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such 
regulations as the congress shall make. 

The trial of all crimes, except in cases of impeach¬ 
ment, shall be by jury: and such trial shall be held in 
the State where the said erime3 shall have been com¬ 
mitted; but when not committed within any State, the 
trial shall be at such place or places as the congress 
may by law have directed. 

Sec. 3. Treason against the UnitedStates shall con¬ 
sist only in levying war against them, or in adhering 
to their enemies, givtng them aid and comfort. No 
person shall be convicted of treason, unless of the tes¬ 
timony 7 of two witneses to the same overt act, or on 
confession in open court. 

The congress shali havepower to declare the punish- 
I mentof treason; but no attainder of treason shall work 






TIIE NEW CONSTITUTION. 


15 


corruption of blood, or forfeiture, except during the 
life of the person attainted. 

ACT1CLE IV. 

MISCELLANEOUS PROVISIONS. 

Sec. 1 . Full faith and credit shall be given in each 
State to the public acts, records and judicial proceed¬ 
ings of every other State. And the congress may, by 
general laws prescribe the manner in which such acts, 
records and proceedings, shall be proved, and the effect 
thereof. 

Sec. 2 The citizens of each State shall be entitled 
to all privileges and immunities of citizens in the seve¬ 
ral States. 

A person charged in any State with treason, felony, 
or other crime, who shall flee from justice, and be 
found in another State,shall, on demand of (he execu¬ 
tive authority of the State from which he fled, be de¬ 
livered up, to be removed to the State having jurisdic¬ 
tion of the crime. 

No person held to service or labor in one State, un¬ 
der the laws thereof, escaping into another, shall in 
consequence of any law or regulation therein, be dis¬ 
charged from such service or labor; but shall be deliv¬ 
ered up on claim of the party to whom such service or 
labor may be due. 

Sec. 3 New States may be admitted by the con¬ 
gress into this Union; but no new State shall be form¬ 
ed or erected within the jurisdiction of any other State; 
nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the 
legislatures of the States concerned, as well as of the 
congress. 

The congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 
States; and nothing in this constitution shall be so con¬ 
strued as to prejudice any claims of the United States, 
or of any particular State. 

Sec. 4. The United States shall guarantee to every 
State in this Union, a republican form of government, 
and shall protect each of them against invasion; and on 
application of the legislature or of the executive, (when 
the legislature cannot be convened) against domestic 
violence. 

ARTICLE V. 

The congress, whenever two thirds of both houses 
shall deem it necessary, shall propose amendments to 
this constitution; or on the application of the legisla¬ 
tures of two thirds of the several States, shall call a 
convention lor proposing amendments, which, in either 
case, shall b^ valid to all intents and purposes, as part 
of this constitution, when ratified by the legislatures of 
three fourths of the several States, or by conventions 
in three fourths thereof, as the one or the other mode 
of ratification may be proposed by the congress: provi¬ 
ded, that no amendment which may be made prior to 
the year one thousand, eight hundred and eight, shall 
in any manner affect the first and fourth clauses in the 
ninth section of the first article; and that no State, 
without its consent shall be deprived of its equal suf¬ 
frage in the seuate. 

ARTICLE VI. 

All debts contracted, and engagements entered into, 
before the adoption of this constitution, shall be as val¬ 
id against the United States, under this constitution, as 
under the confederation. 

This constitution, and the laws of the United States, 
which shall be made in pursuance thereof, and all trea¬ 
ties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the 
land: and the judges in every State shall be bound there¬ 


by, anything in the constitution or laws of any State to 
tire contrary notwithstanding. 

The senators and representatives before mentioned, 
and the members of the several State legislatures, and 
all execulive and judicial officers, both of the United 
States and of the several States, shall be bound by an 
oath or affirmation, to support this constitution: but no 
religious test shall ever be required as a qualification to 
any office or public trust under the United States. 


ARTICLE VII. 


The ratification of the conventions of nine States, 
shall be sufficient for the establishment of this consti¬ 
tution, between the States so ratifying the same. 
DONE IN CONVENTION, by the unanimous con¬ 
sent of the States present, the seventeenth day of 
September, in the year of our Lord one thousand 
seven hundred and eighty seven, and of the Indepen¬ 
dence of the the Lhiited States of America the 
twelfth. 

In witness whereof, we have hereunto subscribed our 
names, „ 

GEORGE WASHINGTON, 
President. 


Attest: 

William Jackson, Secretary. 

The convention of a number of the States, having, at 
the time of their adopting the constitution, express¬ 
ed a desire, in order to prevent misconstruction or 
abuse of its powers, that furtlie r declaratory and re¬ 
strictive clauses should be added, the following ar¬ 
ticles in addition to, and amendment of the Consti¬ 
tution of the United States, were proposed by Con¬ 
gress, and ratified by the Legislatures of the several 
States, pursuant to the fifth article of the original 
Constitution. 


AMENDMENTS TO THE CONSTITUTION. 

ARTICLE I. 

First Congress, First Session, March 4th, 1789. 

Congress shall make no law respecting an establish¬ 
ment of religion, or prohibiting the free exercise there¬ 
of; or abridging the freedom of speech or of the press; 
or of the right of the people peaceably to assemble, 
and to petition the government for a redress of griev¬ 
ances. 


ARTICLE II. 

A well regulated militia being necessary to the se¬ 
curity of a free state, the right of the people to keep 
and bear arms, shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable 
searches and siezures, shall not be violated; and no 
warrants shall issue, but upon probable cause, support¬ 
ed by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to 
be seized. 

ARTICLE V. 

, No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in 








16 


THE NEW CONSTITUTION. 


actual service, iu time of war or public danger; nor 
shall any person be subject for the same offence, to be 
twice put in jeopardy of life or limb; nor shall be com¬ 
pelled in any criminal case to be a witness against him¬ 
self, nor be deprived of life, liberty or property, with¬ 
out due process of law; nor shall private property be 
taken for public use, without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the state and district wherein the crime shall 
have been committed; which district shall have been 
previously ascertained by law; and to be informed of 
the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have com¬ 
pulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in contro¬ 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved; and no fact tried by a jury, 
shall be otherwise re-examined in any court of the 
United States, than according to the rules of the com¬ 
mon law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments 
inflicted. 

ARTICLE IX. 

The enumeration in the constitution of certain rights 
shall not be construed to deny or disparage others, 
retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by 
the constitution, nor prohibited" by it to the states, are 
reserved to the states respectively, or to the people. 

ARTICLE XI. 

Third Congress, second session, December 2, 1793. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com¬ 
menced or prosecuted against one of the United States 
by citizens of another state, or by citizens or subjects 
of any foreign state. 

ARTICLE XII. 

Eighth Congress, First Session, October 17, 1803. 

The electors shall meet in their respective states, and 
vote, by ballot, for president and vice president, one 
of whom, at least, shall not be an inhabitant of the 
same state with themselves; they shall name in their 
ballott the person voted for as president, and in distinct 
ballotts the person voted for as vice president; and 
they shall make distinct, lists of all persons voted 
for as President, and of all persons voted for as 
vice president, and of the number of votes for each; 
which list they shall sign and certify, and transmit, 
sealed, to the seat of government of the United States 
directed to the president of the senate; the president of 
the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and 
the votes shall then be counted; the person having the 
greatest number of votes for president, shall be the 
president, if such number be a majority of the whole 
number of electors appointed; and if no person have 
such majority, then from the persons having the high¬ 
est number, not exceeding three, on the list of those 
voted for as president, the house of representatives 


shall choose immediately, by ballot, the president; but 
in choosing the president the votes shall be taken by 
states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a 
member or members from two thirds of the states, and 
a majority of all the states shall be necessary to a 
choice; and if the house of representatives shall not 
choose a president, whenever the right of choice shall 
devolve upon them, before the fourth day of March 
next following, then the vice president shall act as 
president, as in the case of the death or other constitu¬ 
tional disability of the president 

The person having the greatest number of votes as 
vice president, shall be the vice president, if such num¬ 
ber be a majority of whole number of electors ap¬ 
pointed; and if no person have a majority, then, from 
the two highest numbers on the list, the senate shall 
choose the vice president; a quorum for the purpose 
shall consist of two thirds of the whole number of 
senators; and a majority of the whole number shall be 
necessary to a choice. 

But no person constitutionally ineligible to the of¬ 
fice of president, shall be eligible to that of vice 
president of the United States. 

To Agents, Sc c. 

We cannot permit this occasion to pass without re¬ 
turning our grateful acknowledgements to those who 
have voluntarily, on the receipt of our Prospectus for 
THE NEW CONSTITUTION, stepped forward and 
raised Clubs, some 7, some 15, some 20, and upwards, 
at a place. 

It is to the liberal and enlightened spirits of the 
state, who are ever active and vigilant, that we are so 
heavily indebted for the ability to push our work at 
once before the public. We hope they will continue 
their exertions, and that others may copy their exam¬ 
ple. It is really the only means by which a new work 
of the kind can get into circulation in time to do any 
valuable service, or save the publisher from loss. 

We start under very fair auspices; but we look for 
a fairer, brighter sky ahead. We want an active stir¬ 
ring Agent in every town, village, township, and 
neighborhood in the state. Are there not such to be 
found ? 

Any suggestions that our agents and patrons may 
make at any time, will be gladly received, and prompt¬ 
ly attended to. 

We would further suggest, to prevent misunder¬ 
standing or supposed neglect, that the receipt of the 
work will be a receipt for the pay, as we keep no open 
accounts. In consequence of this, we do not conceive 
it necessary to return written receipts, unless asked for, 
as the reception of a copy of the work will be consid¬ 
ered an acknowledgement that the money has been 
received. 

We would also state, for the benefit of our Agents 
and subscribers, that this is scarcely a fair specimen of 
our work, as it is well known, to printers and publish¬ 
ers, if not to others, that the difficulties and delays in 
getting out the first number of a new publication, pre¬ 
vent the necessary attention to all its parts, to make it 
what it was designed to be. Defects, therefore, where 
discovered we will try to remedy hereafter- 






THE NEW CONSTITUTION. 


“power is always stealing from the many to the few.” 

Vol. I. Columbus, Ohio, Saturday, May 12, 1849. No. 2. 


Postage. —The postage on this work is the same as 
on a newspaper. 

To Govern your Country Well, you must Love 
and Venerate it. 

Some may possibly object to the historical character 
of some of our articles in the New Constitution, as not 
exactly coming within the object of the publication.— 
We have heard of no such objections, but in explana¬ 
tion of the course we are pursuing, we take the liberty 
of stating that our object is to draw the attention of the 
people of our State to its origin and its progress—to its 
position among the other States, and its mighty resour¬ 
ces within its own extended limits—To create a State 
pride, and to be proud that we are of such a State. Can 
this be better done than to become masters of its deep¬ 
ly interesting history? To govern a country well, 
the governing power must love and venerate it. To 
love and venerate it, and govern it well, we must study 
it —study its commencement—study its progress—stu- 
its future. 

What has been of such deep solicitude to our fore¬ 
fathers in establishing this mighty, and at the time to 
the world novel, fabric of free States, should not be of 
indifference to us. And how can we show our love for 
the whole Union—“its union now and forever,” better 
than by making our great State a model of good gov¬ 
ernment? 

A Copy in Brochure. 

Any person sending two dollars, shall have one 
copy of “The New Constitution” during its publica- 
cation, and one copy stitched and neatly covered in 
Brochure binding, at the end of the volumn. Having 
a bindery connected with our printing establishment, 
we shall be able to have it executed promptly, and for¬ 
warded by such conveyance as may be ordered. 

U" We shall lay before our readers at an early day, 
the whole or a part of the very able speech of Mr. 
Vallandingham, made in the House of Representatives 
at the session of ’4G-7, in favor of a Convention. 

The Ball Rolling ! — The democratic papers of Al¬ 
abama are advocating an amendment of the Constitu¬ 
tion of that State, taking the election of Judges from 
the Legislature, and vesting it in the people. This pol¬ 
icy is shortly destined to prevail in every State of the 
Union. 


The Constitution of the State of Ohio. 

“-it is necessary to amend the Constitution of the State of 

Ohio, and we do hereby recommend to the electors at the next 
election for members of the General Assembly to vote for or 
against a Convention, agreeably to the fifth section of the second 
article of the Constitution .”—Resolution of the last General As¬ 
sembly. 

In this, the second No. of “The New Constitution,” 
we lay before our readers the Constitution of the State 
of Ohio. In the first No. we gave that of the United 
States. 

At the last session of the General Aseembly, by a 
vote of more than two thirds of the members elect¬ 
ed to the Senate and the House, a joint resolution was 
passed,embracing the words we havequoted at the head 
of this arlicle, declaring as a settled belief that it was 
“necessary to amend the Constitution of the State,” 
and in obedience to the 5th section of Art. 7, of that 
instrument, recommending “to the electors, at the next 
election for members of the General Assembly to vote 
for or against a Convention,” to amend it. 

The experience of six and forty years has shown 
the Constitution of Ohio to be defective in many par¬ 
ticulars. Within its provisions, however, we find much 
to admire. The “Bill of Rights” is a monument to the 
wisdom of its framers, more durable than brass or mar¬ 
ble, and we doubt if within the whole body of those 
who advocate an amended Constitution, if one man 
could be found who would be willing to strike a single 
section from it. But in other parts—if we may be al¬ 
lowed the expression—in the business portion of the con- 
'stitution—in the sections which confer power on the 
Legislature and in the arrangement of the Judiciary, 
&,c., experience hath pointed out errors, which it is the 
province of wisdom to correct. 

The Bill of Rights, in the 18th section declares, 

“That a frequent recurrence to the fundamental principles of 
civil government, is absolutely necessary to preserve the blessings 
of liberty,” 

thus inculcating upon the people, in the very State 
charter of their liberties, the necessity of a watchful 
vigilance in defence of their rights. Whether the 
people of the State will recur at this time to the funda¬ 
mental principles of their civil government, for the 
purpose of amending the errors which were originally 
found in the Constitution, and which has been added 
to, by the exercise of implied powers not found in the 
instrument itself, is a question that must be settled at 
the ballot boxes in October next. 

Immediately after the formation of the Constitution 
of Ohio, a leading citizen of our own State, visited the 





















IS 


THE NEW CONSTITUTION. 


seat of the general Government. In an interview with 
Mr. Jefferson, the then President, who had ever enter¬ 
tained the kindest and warmest feeling for the West, 
that statesman remarked,that he had received the even¬ 
ing before and read with much pleasure, the Constitu¬ 
tion for the new State of Ohio. It was an excellent 
document, he said, but the framers committed the great 
mistake of making too many sections and attempting 
too much to go into detail. That far-seeing statesman 
saw the evil at that early day, which we now see and 
feel, and which mainly induced the people to ask that 
the work be submitted to a revision. 

A few sections, clearlydefiningthe powersof the Leg¬ 
islative, Executive and Judicial departments of the State 
government, without attempting to go into a studied 
detail, would have been all that was needed; and these 
with the present Bill of Rights, would have been am¬ 
ply sufficient. 1 n attempting to give the detail of Leg¬ 
islation they failed. They went too far, or they went 
not far enough! In attempting the whole, I hey execu¬ 
ted a part, leaving powers to be inferred by designing 
men, which were never intended to be conferred. Had 
they not attempted this,—if the powers of the Legis¬ 
lature had been as clearly defined, as in Ihe Constitu¬ 
tion of the United States, without attempting to go 
into unnecessary detail, the instrument would have 
been far more perfect. Detail caused the general sections 
to be less carefully worded, than would otherwise have 
been the case, and hence implication was left its free 
range almost untrammelled, save by the details to which 
we have alluded. 

The State Constitution, as we stated in our last, was 
formed in haste. The anxiety for a State Government 
seemed to be the great and leading idea of its frameis. 
Gov. St. Clair was obnoxious to the people, not only for 
his general arrogance and his personal habits, but for 
the exercise of powers not delegated to him by the Ordi¬ 
nance of 1787, which, previous to that time, governed 
the territory. So anxious was he to retain the execu¬ 
tive power, that on the 3d day of the Convention, he 
asked and obtained leave to address the Members, 
and taking advantage of the fact of the exclusion of a 
delegate from Wayne county, which had not the neces¬ 
sary number of voters to entitle it to a voice in the 
Convention, he made a speech so strongly in opposi¬ 
tion to the formation of a State Constitution at that 
time, and so insulting to members who differed with 
him in opinion, that upon a proper representation of 
the facts to Mr. Jefferson, he was promptly removed 
from office by the President. The.day after the speech 
was made, so strong was the feeling against the Gov¬ 
ernor, that on the question, “that it is expedient at this 
time to forma Constitution and a State Government,” 
the vote stood yeas 32, nays 1. Mr. Cutler, a delegate 
from the county of Washington, and still living, alone 
voting in the negative. 

Under such circumstances the State Constitution was 
formed. “It was never referred to the people for thair 


approbation, but became the fundamental law of the 
State by the a"t of the Convention alone,” and this er¬ 
ror, arising, not from a want of confidence in the peo¬ 
ple as we are bound to believe, but from an over-anxiety 
immediately and at once, to rid themselves of the 
Governor appointed for them, and to take rank among 
the States of the Union, was submitted to without very 
general complaint by the people, who partook of the 
feeling which pervaded the Convention. 

Ohio is now the third if not the second state in th e 
Union; rich in territory and in wealth, richer still in 
her natural resources, and above all in a population, 
which for enterprise and all that constitutes the man, 
will bear a favorable comparison with any in the 
world. Under the disadvantages of a Constitution il¬ 
ly adapted to the wants of the people,—her Judiciary 
system ack nowledgedly the worst in the Union—she has 
grown and prospered. With this instrument changed • 
and adapted to the progressive spirit of the age, and of 
which the State itself forms so striking an illustration, 
her position at the head of the great column of West¬ 
ern States will be maintained and she will strive with 
her youthful vigor and will gain and maintain a posi¬ 
tion in the Union, second to no State, save New 
York alone, which contains the commercial emporium 
of the Nation. 

Forty-seven years ago, our now vast Republic, was 
but young in years. Many of our oldest citizens then 
looked upon the doctrine of man’s capability for self- 
government, as a beautiful fancy that could never be 
reduced to practice. Others again there were, who 
though willing to risk the issue, were yet doubtful of 
the result. These doubts and fears have been put to 
rest, and the doubter now is but deemed an eccentric 
aud laughed at for his folly. 

\Y hile thus the world has been moving—while thus 
progress, with rapid strides, has developed man’s 
thoughts and man’s capacity, Ohio, in respect to the 
true theory of government, has remained stationary— 
her Constitution is as it came from the Convention, 
and without asking the leave of the people it w r as to 
govern, became the fundamental law of the land. 

Almost abolishing the Punishment of Death 
in New Hampshire. 

Elder Enos Geo. Dudley has been sentenced to be 
hanged at Haverhill, N. II., on the 23d of May, for 
the murder of his wife in Grafton, and there is no doubt 
the execution wnil take place upon the reverened con¬ 
vict, although he asserts his innocence, and told the 
court that he and his departed wife would sing in the 
courts above while his enemies would gnash their teeth 
in tophet. This case and that of Letitia Blaisdell, sen¬ 
tenced to be hanged in August, make two death sen¬ 
tences in New Hampshire. There has been no execu¬ 
tion in that state since Daniel Davis Farmer was hang¬ 
ed for the murder of a widow in Mount Vernon, 22 
years ago. 









THE NEW CONSTITUTION. 


The Territory North-west of the River Ohio. 

The immense extent of country, known in the earli¬ 
er laws of the General Government as the Territory 
north-west of the river Ohio, was, during the revolu¬ 
tion, an unbroken wilderness, and save the occupants 
of an occasional fort, inhabited alone by the red men 
of the forest. 

It is part of the vast region between the Allegheny 
mountains on the east and the Rocky mountains on 
the west, claimed by France, and first known in the 
earlier records by the name of Louisiana. The title 
of France to this vast region rested on the right of dis¬ 
covery. In 1673, two French Missionaries penetrated 
the wilderness from Canada to the Mississippi, through 
Lake Michigan and Illinois, and down that stream one 
hundred miles, to where the Arkansas joins its water 8 
with those of that mighty stream which now gives its 
name to the Mississippi valley. On their return to 
Canada, they urged upon the French commander the 
necessity of an immediate occupation of the country 
they had traversed.* M de la Salle the commander of 
the French Fort Frontenac, took charge of the explo¬ 
ring expedition. At the head of a small party he made 
his way to the Mississippi, through Michigan and Illi¬ 
nois. On a second expedition, planned and executed 
soon after, the same adventurous commander descended 
the Mississippi to its mouth, and took possession of the 
whole country in the name of his sovereign, Louis 
XIV, King of France. 

Fully impressed with the importance of the acquisi¬ 
tion which he had thus made to tbs territories of France, 
M. de la Salle proceeced to Paris and laid before the 
French government a plan for perfecting the title by 
occupation,and thus forming (he entire range from their 
settlements in Canada, on the north, to New Orleans, 
on the south, in one continuous territory, which would 
not only prove an immense and valuable accession to 
the crown of France, but would effectually forma bar¬ 
rier which would exclude the English from pushing 
their claims west of the Allegheny ridge. In addition 
to this claim by the right of discovery, and“ under that 
peculiar law by which Europeans divided America 
among themselves,” the French subsequently added a 
claim to all streams flowing into the Mississippi, which 
would have carried them to the very summit of the Al¬ 
legheny, and thus effectually hemmed in the British 
so as to prevent their western progress. To this the 
English were by no means disposed to submit.} 

The French ministry adopted the plans of the ad¬ 
venturous La Salle, and the first expedition which was 
to carry it out was the planting cf a colony at the 
mouth of the Mississippi, and was given to its great 
projector, but it resulted in a failure, and La Salle, 
through the treachery of his followers, perished. Oth¬ 
er expeditions followed, and the planting of colonies 
by France, though harrassed by the Englishand Span- 

* Flint’s Geography, p. 250. 

f Sears’ American Revolution, p. 104 and 105. 


19 

lards, was successful, and before the completion of 
the first quarter of the eighteenth century (1725) the 
colony had been divided into quarters, each having it3 
local governor or commandent, and judge, but all sub¬ 
ject to the supreme authority of the council general of 
Louisiana.* One of these quarters was established ia 
the territory north-west of the Ohio, and a fort estab¬ 
lished on the Maumee river. Soon after, a fort was es¬ 
tablished at the mouth of the Wabash, and a commu¬ 
nication was opened with the fort at Maumee, and 
from thence to the French posts in Canada. A chain 
of posts was also established from the head of the 
Ohio river to the sources of French creek, and to Lake 
Erie. The French thus gained possession of the whole 
country, and the English hemmed in, proposed nego¬ 
tiation, and though negotiations were opened they 
availed nothing, France not being willing to yield with¬ 
out a struggle the rich prize already in her possession. 
Not a fountain then bubbled on the west of the Alle¬ 
ghenies but was claimed as being within the French 
empire. Louisiana stretched to the head-springs of 
the Alleghany and the Monongahela, of the Kenawha 
and the Tennessee.} 

The principal ground on which the English founded 
their claim to dominion beyond the Alleghenies was, 
that the “Six Nations” of Indians owned the Ohio 
valley, and had placed it, with their other lands, under 
the protection of England. Some of the western lands 
were also claimed by the British as having been pur¬ 
chased in 1744, at a treaty between the colonies and 
Six Nations held at Lancaster, Pa.} 

The British were so pretendedly confident of the in¬ 
justice of the claim set up by France, that in 1849 
a company of London merchants, combined with 
Virginia planters, formed an association calling them¬ 
selves by the name of the “ Ohio Company.” This 
London and Virginia “ Ohio Company ”—so called by 
us to distinguish it from the “ Ohio Company ” of a la¬ 
ter day—received a certain grant of 600,000 acres of 
land on the Ohio river. Similar donations were made 
to other companies, in the face of the pretensions set 
up by the French, but these grants could not with safe¬ 
ty be turned to account. 

In 1754, the British determined to dislodge the French 
and to dastroy their power. The first attempt was 
made to break up the forts building at the mouth of the 
Allegheny and Monongahela rivers,under the command 
of Col. Fry, which was unsuccessful ; and thus the 
war commenced, although it was not formally de¬ 
clared until 1756. 

By the treaty of Paris of 1763, which closed the 
war, “ France ceded to Great Britain all her possessions 
in North America, east of the Mississippi,” and thus 
the title of England to the territory north-west of the 
river Ohio was perfected. The treaty of peace of 

* Chase’s Statutes—preliminary sketch, p. 10. 

fBancroft’s U. S., v. iii. p. 343. 

} flowes’ Ohio, p. = 6 &, 7. 








20 


THE NEW CONSTITUTION. 


1783, between the United States and Great Britain, 
which acknowledged the independence of confederated 
states, transferred to the new republic of the United 
States the title of Great Britain wrested from France. 

Thus was the title acquired to the territory. The 
land was merely purchased from the Indians by trea¬ 
ties entered into at different times, by commissioners 
on the part of the government acting under powers con¬ 
ferred bylaw, with the different tribes. 

By grants from the English King, previous to the 
peace of 1763, large donations of land were made to the 
different colonies, and though after the peace, when the 
English title became perfect to the territory in dispute, 
the English government evinced a determination to 
confine the colonies to the Atlantic coast, and “by a 
rigid proclamation ali the land west of the sources of 
the Atlantic rivers was declared to be reserved under 
the sovereignty, protection and dominion of the King 
of Great Britain, for the use of the Indians, and al 
persons were forbidden to settle or remain within the 
reserved territory.* In consequence of this proclama¬ 
tion no settlements were made in the territory north¬ 
west of the river Ohio, until after the peace of 1783, 
when the United States took rank among the nations 
of the earth. The grants made, however, previous to 
the peace of 1763, by the King of Great Britain, it was 
contended by the states, after the separation, still held 
good, and all the territory east of the Mississippi, ceded 
by France to England, in 1763, was claimed bv the 
states to which these grants were made. This claim 
was a fruitful subject of discussion during the revolu¬ 
tion, and at the time of the adoption of the Articles of 
Confederation. The states having no grants for wes¬ 
tern lands, insisted that ail these lands should be ceded 
to Congress, to be disposed of by that body for the ben¬ 
efit of the whole Union, and Congress, thus backed by 
the non-land holding states, set up the claim, that as 
the joint blood and treasure of the Union had wrested 
these lands from the common enemy, so they of right 
belonged to Congress, in trust for the people of all the 
states. The contest grew so fierce at length that it 
came near preventing the ratification of the Articles of 
Confederation, and splitting the Union into almost as 
many fragments as there w r ere states. 

The contest was brought to a climax in 1777, by the 
passage of a law' by Virginia for the opening of a land 
office for the sale of her lands lying north-west of the 
Ohio river. 

“ The attention of the whole country appears to 
have been first drawn to the subject, in a forcible man¬ 
ner, by the decided stand taken by the State of Mary¬ 
land, during the discussion in the Congress upon the 
objection of certain states to the articles of confedera¬ 
tion, in June, 1778. That State proposed, on the 22d 
June, 1778, and afterwards insisted, that the boundaries 
of each of the states, as claimed to extend to the river 
Mississippi, or South Sea, should be ascertained and re¬ 


stricted, and that the property in the soil of the western 
territories be held for the common benefit of all the 
states. From that time until 2d February, 1781, the 
State of Maryland refused to accede to the articles of 
confederation, in consequence of having failed to ob¬ 
tain an amendment upon that point, against which 
course Virginia had remonstrated. 

“ On the 25th November, 1778, the act of New Jer¬ 
sey for ratifying the articles of confederation was pre¬ 
sented, in which this and other difficulties were refer¬ 
red to ; but their delegates w r ere directed to sign those 
articles, ‘ in the firm reliance that the candor and jus¬ 
tice of the several states will, in due time, remove as 
far as possible the inequality which now subsists.’ 

“ The delegate from Delaware having signed the ar¬ 
ticles of confederation on the 22d February, 1779, pre¬ 
sented on the 23d sundry resolutions passed by the Le¬ 
gislature of that State, among which were the follow¬ 
ing : 

“ Resolved, That this State thinks it necessary for the 
peace and safety of the states to be included in the Un¬ 
ion, that a moderate extent of limits should be assigned 
for such of those states as claim to the Mississippi or 
South Sea ; and that the United States in Congress as¬ 
sembled, should, and ought to have the power of fixing 
their w'estern limits. 

“ Resolved, That this State consider themselves just¬ 
ly entitled to a right, in common with the members of 
the Union, to that extensive tractof country which lies 
westward of the frontiers of the United States, the 
property of which was not vested in, or granted to, in¬ 
dividuals at the commencement of the present war:— 
That the same hath been, or may be, gained from the 
King of Great Britain, or the native Indians, by the 
blood and treasure of all, and ought therefore to be a 
common estate, to be granted out on terms beneficial to 
the United States.” 

Upon which Congress passed the following resolu¬ 
tion on the same day, eight states voting in favor, and 
three against the same, yiz : 

“ Resolved, That the paper laid before Congress by 
the delegate from Delaware, and read, be filed ; provi¬ 
ded that it shall never be considered as admitting any 
claim by the same set up, or intended to be set np.”* 

On the 21st of May, 1779, the delegates from Mary¬ 
land laid before Congress the instructions received by 
them, from the Legislature, in regard tothisvexed ques¬ 
tion. That body refusing to give their delegates any 
authority whatever, to accede to, or to ratify the ar¬ 
ticles of the confederation, unless they provided against 
the evils feared in the following extract from the in¬ 
structions : 

“ Although the pressure of immediate calamities, the 
dread of their continuance from the appearance of dis¬ 
union, and some other peculiar circumstances, may 
have induced some states to accede to the present Con¬ 
federation, contrary to their own interests and judg¬ 
ments, it requires no great share of foreseight to pre¬ 
dict, that, when those causes cease to operate, the 
states which have thus acceded to the Confederation 
will consider it as no longer binding, and will eagerly 
embrace the first occasion of asserting their just rights, 
and securing their independence. Is it possible that 


* Holmes’ Annals, Vol. 1, p. 436. 


* Hickey’s Constitution, p. 406-7. 










THE MEW CONSTITUTION. 


21 


those states who are ambitiously grasping at territories 
to which, in our judgment, they have not the least shad¬ 
ow of exclusive right, will uso with greater moderation 
the increase of wealth and power derived from those 
territories, when acquired, than what they have dis¬ 
played in their endeavors to acquire them ? We think 
not. We are convinced the same spirit which hath 
prompted them to insist on a claim so extravagant, so 
repugnant to every principle of justice, so incompati¬ 
ble with the general welfare of all the states, will urge 
them on to add oppression to injustice If they should 
not be incited by a superiority of wealth and strength 
to oppress by open force their less wealthy and less 
powerful neighbors, yet depopulation, and consequent¬ 
ly the impoverishment of those states, will necessarily 
follow, which, by an unfair construction of the Con¬ 
federation, may be stripped of a common interest, and 
the common benefiet derivable from the western coun¬ 
try. Suppose, for instance, Virginia indisputably pos¬ 
sessed of the extensive and fertile country to which she 
has set up a claim ; what would be the probable con¬ 
sequences to Maryland of such an undisturbed and un¬ 
disputed possession ? They cannot escape the least 
discerning. 

“ Virginia, by selling on the most moderate terms a 
small proportion of the lands in question, would draw 
into her treasury vast sums of money, and, in propor¬ 
tion to the sums arising from such sales, would be ena¬ 
bled to lessen her taxes. Lands comparatively cheap, 
and taxes comparatively low, with the lands and taxes 
of an adjacent state, would quickly drain the State thus 
disadvantageously circumstanced of its most useful in¬ 
habitants ; its wealth, and its consequence in the scale 
of the confederated states, would sink, of course. A 
claim so injurious to more than one-half, if not the 
whole of the United States, ought to be supported by 
the clearest evidence of right. Yet what evidences of 
that right have been produced? What arguments al- 
ledged in support either of the evidence or the right ? 
None that we have heard of, deserving a serious refu¬ 
tation.” 

On the 30th of October, 1779, congress bj T a vote of 
eight states for and three against it (the delegation from 
one State being divided) passed the following : 

“Whereas, the appropriation of vacant lands by the 

several states, during the continuance of the war, 

will, in the opinion of Congress, be attended with 

great mischief ; therefore, 

“ Resolved, That it be earnestly recommended to the 
State of Virginia to reconsider their late act of Assem¬ 
bly for opening their land office ; and that it be recom¬ 
mended to the said state, and all other slates similarly 
circumstanced, to forbear selling or issuing warrants tor 
unappropriated lands, or granting the same during the 
continuance of the present war.” 

This resolve of Congress was followed by prompt 
action on the part of New York, whose delegates in the 
Congress of the Confederacy on the 7th of March, 
1780, submitted to the body of which they were mem¬ 
bers, a law of the Legislature, passed on the 19th of 
February preceding, entitled “an act to facilitate the 
completion of the Articles of Confederation and per¬ 
petual union among the United States of America,” 
and which act the New York Legislature, authorized 
and empowered her delegates in Congress to define and 
restrict her western borders, by such limits as might be 
deemed expedient, upon the condition that the ceded 
territories should be appropriated to the common bene- ! 


fits of the states which should become members of the 
Confederacy, The deed of cession of New York was 
executed on the 1st of March, 1780. 

On the 6th of September, 1780, Congress took up the 
report of the committee to whom had been referred the 
instructions of Maryland to her delegates in Congress, 
with the solemn declaration that unless the states would 
contract their limits they would not come under or sign 
the Articles of the Confederacy, and a resolution was 
passed again earnestly recommending “to the states 
who have claims to the western territory to pass such 
laws, and give their delegates in Congress such powers 
as may effectually remove the only obstacle to a final 
ratification of the articles of Confederation.” In the 
preamble which accompanies the resolution, New York 
was complimented for the promptness of her Legisla¬ 
ture in surrendering her claims, and thus “ removing, as 
far asdepends on that State,the impediment arising from 
the western country, and for that purpose to yield up a 
portion of territorial claim for the general benefit.” 

On the 10th of October following the resolve of Sept. 
6, 1780, Congress, still intent upon the great object, 
passed the following, as an additional inducement to 
Virginia to make a cession of her territory north-west 
of the river Ohio, to Congress: 

“ Resolved, That the unappropriated lands that may 
be ceded or relinquished to the United States, by any 
particular State, pursuant to the recommendation of 
Congress of the 6th day of September last, shall be dis¬ 
posed of for the common benefit of the United States, 
and be settled and formed into distinct republican states, 
which shall become members of the Federal Union, and 
have the same rights of sovereignty, freedom and inde¬ 
pendence, as the other states ; that each state which 
shall be so formed shall contain a suitable extent of ter¬ 
ritory, not less than one hundred nor more than one 
hundred and fifty miles square, or as near thereto as cir¬ 
cumstances will admit ; that the necessary and reasona¬ 
ble expenses which any particular state shall have incur¬ 
red since the commencement of the present war, in 
subduing any British posts, or in maintaining forts or 
garrisons within and for the defence, or in acquiring 
any part of the territory that may be ceded or relin- 
I quished to the United States, shall be reimbursed. 

‘ ‘ That the said lands shall be granted or settled at 
such times, and under such regulations as shall hereafter 
be agreed on by the United States, in Congress assem¬ 
bled,or any nine or more of them.” 

The pledge of Congress as to the future disposition 
of the lands, seems, though not immediately, to have 
aided in producing the desired effect. The alarming 
state of the country, and the fears that the articles of 
Confederation would not be adopted if Virginia held 
out in her refusal, lent its aid, and on the 1st of March, 
1784, Virginia executed the deed of cession, and thus 
the title to the land in the territory north-west of the 
river Ohio, and of which the states of Ohio, Indiana, 
Illinois, Michigan and Wisconsin were formed, became 
vested in Congress. 

Massachusetts and Connecticut also asserted claims 
to a portion of the territory thus ceded, as did also New 
York. The claims of the two former states, separate 









22 


THE NEW CONSTITUTION. 


and conflicting in some degree, were founded upon the 
construction of their respective charters, while that of 
New York was grounded upon her jurisdiction over the 
Six Nations, of whom the north-western tribes were 
the imagined tributaries. 

The claim of New York, whether well or ill found¬ 
ed, had been previously sunk by her deed of cession. 
On the 19th of April, 1785, Massachusetts ceded her 
claim to Congress, and on thel4th of September, 1786, 
Connecticut ceded her claim to soil and jurisdiction 
over all the territory claimed by her in the north-west, 
save that which has since that time been known as the 
“ Western Reserve.” By a further deed of cession, 
dated May 30, 1800, the state ceded her juiisdictional 
rights over the Connecticut Western Reserve to the 
general government, retaining, however, in her own 
name, her title to the Reserve lands, and the right to 
dispose of them. 

The last claim to any portion of the territory north¬ 
west of the river Ohio being thus adjusted and merged 
in Congress, in trust for the Union, and the title de¬ 
rived by England from France, and from England by 
the revolution, being good as against any civilized na¬ 
tion, other claimants started up in the red men of the 
forest. These titles were extinguished rapidly as pos¬ 
sible. The first of which, in the order of date, was 
that held at Fort Stanwix, on the 27th of October, 
1784, with the sachims and warriors of the Mohawk, 
Onondaga; Seneca, Cayuga and Tuscarora tribes, ex¬ 
tinguished the title of the “ Six Nations ” to all the 
lands claimed by them in north-eastern Ohio. The 
treaty of Fort McIntosh, at the mouth of Big Beaver, 
on the Ohio, held with the Chippewas, Ottawas, Dela¬ 
wares, and Wyandotts, followed soon after, which 
vested the title in the United States to most of the lands 
held by these tribes, and confined the Wyandotls and 
Delawares, and such of the Ottawas as lived with them, 
to certain prescribed lands, and providing for the Chip¬ 
pewas and the remainder of the Ottawas, a reservation 
of six miles square at the mouth of the Maumee, and a 
strip of six miles on the west side of Detroit river, as 
far north as Lake St. Clair, and another reservation of 
12 miles square at Mackinaw.* 

The treaty of Fort Greenville, August 3, 1795, fol¬ 
lowed soon after, which defined the boundaries of the 
various tribes. Other treaties of minor importance fol¬ 
lowed, until the cession by the Wyandotts of their res¬ 
ervation of 12 miles square at Upper Sandusky, in 
1842, extinguished the last vestage of the Indian title 
in Ohio, and nearly extinguished it in the whole north¬ 
western Territory, of which Ohio forms a part. 

Thus did the Territory North-West of the river Ohio 
become the property of the General Government. Its 
possession caused along and bloody war between Eng¬ 
land and France, and was, with the Thirteen Colonies, 
wrested from Great Britain by the sacrifices, the devo¬ 
tion and courage of our Revolutionary Fathers. Its 

* Whittlesey on Indian titles. 


claim by the States nearly dissolved the Union, then 
just forming. From the day that the enterprising De 
Salle penetrated its wilds, which then for the first time 
echoed to the tread of the whiteman, until the day that 
saw Wisconsin, the last of its States, enter the Union, 
making up the number of st; rs which blaze upon our 
Notional flag to thirty, its influence has been seen and 
felt. Stretching from and embracing the great Lakes 
of the North, to the mighty Mississippi, it embraces a 
region unparallelled for fertility and internal resour¬ 
ces. Ohio, the eldestState from the North-Westgroup, 
within the life time of man, changed from a howling 
wilderness to a densely populated State, embracing 
within her borders, two millions of souls, and already 
ranking as the third, if not the second State in the Uni¬ 
on, and her destiny, and the destiny of her sisters of 
the North-West group, like the Union, itself is onward, 

still ONWARD. 

In the discussion of the question of the calling of a 
Convention, there seemed to be a fitness in the presen¬ 
tation of this history of the North-Western Territory 
to the readers of a paper, devoted as this is, to Consti¬ 
tutional Reform. It may be deficient,—we cannot say 
but that it is, but if so, we have availed ourself of all 
the materials within our hasty reach, which could be 
compressed within our compass’ We have drawn 
much, as our references will show, from Chase, from 
Hickey, Sears, Howe, Bancroft and Whittlesey—filling 
out the vacuum of the one, from the researches of the 
other. In our next,we will follow it by the publication 
of tho deeds of cession of the states of Virginia and 
Connecticut, and the celebrated Ordinance of 1787, 
which governed the North-West before its States 
were formed. 

Kentucky. 

Our neighbors of Kentuck have, in addition to the 
ordinary questions arising out of the formation of a 
new Constitution, that of the emancipation of their 
slaves. At a State Convention of those favorable to 
emancipation—or rather to a very gradual and prospec¬ 
tive scheme of emancipation, passed the following res¬ 
olutions : 

“ 1. Believing that involuntary hereditary slavery, as 
it exists by law in this State; is injurious to the pros¬ 
perity of the Commonwealth, inconsistent with the 
fundamental principles of free government, contrary to 
the natural rights of mankind, and adverse to a pure 
state of morals—we are of opinion that it ought not to 
be perpetuated in the Commonwealth. 

2. That any scheme of emancipation ought to be 
prospective, operating exclusively upon negroes born 
after the adoption of the scheme, and connected with 
colonization. 

3. That we recommend the following points as those 
to be insisted on in the new constitution, and that can¬ 
didates be run in every county in the State, favorable to 
this or similar constitutional provisions : 

1. The absolute prohibition of the importation of 
any more slaves to Kentucky. 

2. The complete power in the people of Kentuky to 
enforce and perfect in or under the new constitution, a 
system of gradual emancipation of slaves! 








THE NEW CONSTITUTION. 


23 


3. This convention confines its recommendation to 
the question of slavery, and makes no expression of 
opinion on any other topic.” 

There is also a very large and active party opposed to 
the scheme, gradual as it is, and the controversy will 
be a sharp one, affecting as it does, old customs and 
long imbibed prejudices, as well as disturbing what Sir 
Mathew Hale calls “foundations and principles,” and 
property to a large amount. 

Reform in the Judiciary of Ohio. 

Below we present a second No. of the series of com¬ 
munication on the subject of Judicial Reform, written 
for and published in the Ohio Statesman, of June, 1841. 
The writer, we stated in our last, was Thos. L. Hamer, 
since deceased, who held a front rank in his profession 
as a sound lawyer. Mr. Hamer had fears, when these 
articles were written, that the people were averse to 
submitting the Constitution to a thorough revision, and 
hence was willing to see a convention called to amend 
it in the single particular of the Judiciary. 

The reform of the Judiciary is still a leading question 
in the discussion of a new constitution, but its impor¬ 
tance, though still great, is not such as to swallow up 
all others: 

“Col. Mf.d ary: —I am gratified to perceive that you 
have not only published my former communication, 
but have spoken favorably of its object. It seems a 
writer in the State Journal is endeavoring to call pub¬ 
lic attention to this matter, and the Editor of that print 
is equally inclined to second his views. Having the 
two leading organs of the two great political parties of 
the State accessible to our effusions, presents a favora¬ 
ble omen, and encourages me to proceed with some fur¬ 
ther observations. 

“I have been asked two questions in reference to this 
subject, which will be briefly answered. First: Can a 
convention be called to modify a particular part of the 
constitution, without submitting the whole instrument 
to them, for any alterations they may think proper to 
make? Second: W.iat alterations can be made in the 
Judicial system, that would probably find favor with 
the people? 

“To the first question, I answer in the affirmative.— 
The constitution, Art. 7, Sec. 5, provides for calling a 
convention “for the purpose of revising, amending or 
changing the constitution.” Why is this language 
used? The different import o f the words proves, that 
the framers of that instrument intended to leave the 
people free to improve any particular clause, section or 
article, without allowing the convention to interfere 
with other portions of this fundamental law. Let the 
legislature confine their recommendation to this portion 
of the Constitution alone; let the people vote for it, 
and the succeeding General Assembly call a Conven¬ 
tion for amending that particular part of the Constitu¬ 
tion, and he would be a bold man, who would propose 
as a member to touch any other portion of that sacred 
compact! No such man would be elected to fill a place 
in the body, to whom the people of Ohio would com¬ 
mit the important power of amending the great charter 
of their liberties. 

To the second question, I say that for the present, I 
do not not mean to commit myself in favor of any pe¬ 
culiar mode of reforming our judicial system. To 
show, however, that very simple changes would effect 
great good—I will name one or two. We are limited to 
four Supreme Judges now; and the Court cannot sit 


in two counties at the same time. It requires two 
Judges to form a quorum to do business. It sometimes 
happens that these two Judges disagree on a point of 
law; and in that case, no decision can be made. So, 
when all four of the Judges are together at Columbus, 
holding their Court in Bank; if two are of one opinion 
and two of another, on any question before them—no 
decision can take place. Thus the people are left in 
doubt as to what the law of Ohio is; until one of the 
judges changes his opinion; oruntil anew judge comes 
upon the bench. Ought a State containing a million 
and a half of people to be left in such a condition? 

“Suppose we add one judge to the bench? Then we 
can always have a decision when they are together, and 
the law will be settled. Suppose again, we devide the 
State into five circuits, and let each judge take one; and 
thus have the Supreme Court sitting in five counties at 
once. This would give ample time to try all the caus¬ 
es taken up into that court, without hurry or precipita¬ 
tion; and then as now, difficult or doubtful questions 
could be taken to the Court in Bank. If the judge re¬ 
fuse to reserve the question, give either party authority 
to take the case there, by a writ of error. One judge 
now really tries the causes. You may see one trying 
an ejectment, while the other is reading chancery pa¬ 
pers beside him; or is perhaps out of court altogether. 

These hints are thrown out for reflection. It will be 
found upon a comparison of our system, with those of 
other States, that scarcely a worse one can be found in 
the Union. A. DEMOCRAT. 


AN ACT to authorize the coinage of gold dollars and 
double eagles. [Approved March 3. 1849.] 

Beit enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
there shall be, from time to time, struck and coined at 
the mint of the United States, and the branches thereof 
conformably in all respects to law, (except that on the 
reverse of the gold dollar the figure of the eagle shall be 
omitted,)and conformably in all respects to the standard 
for gold coins now established by law, coins of gold 
of the following denominations and values, viz: double 
eagles, each to be of the value of twenty dollars, or units, 
and gold dollars, each to be of the value of one dollar, 
or unit. 

Sec. 2. And be it further enacted. That for all sums 
whatever the double eagle shall be a legal tender for 
twentydollars and the gold dollar shall be a legal tender 
for one dollar. 

Sec. 3. And be it further enacted, That all laws now in 
,force in relation to the coins of the United States, and 
the striking and coining the same, shall, so far as ap¬ 
plicable, havefull forceand effect in relation to the coins 
herein authorized, whether the said laws are penal or 
otherwise; and whether they are for preventing coun¬ 
terfeiting or debasement, for protecting the currency, 
for regulating and guarding the process of strking and 
coining, and the preparations therefor, or for the secu¬ 
rity of the coin, or for any otherpurpose. 

Sec. 4. And be it further enacted, That in adjusting the 
weights of gold coins henceforward, the following devi¬ 
ations from the standard weight shall not be exceeded 
in any of the single pices—namely, in the double ea¬ 
gle, the eagle, and the half eagle, one half of a grain, and 
the quarter eagle,and gold dollar, one quarter of a grain; 
and that, in weighing a large number of peices together, 
when delivered from the chief coiner to the treasurer, and 
and from the treasurer to the depositors, the deviation 
from the standard weight shall not exceed three penny¬ 
weights in one thousand double eagles; two penny¬ 
weights in one thousand eagles; one and one-half pen¬ 
nyweights in one thousand half eagles ; one penny¬ 
weight in one thousand quarter eagles; and one half of 
a pennyweight in one thousand gold dollars. 









24 


THE NEW CONSTITUTION. 


The Objects of a Convention. 

We find the following article in the Kalida Venture. 
The Editor of the “Venture” speaks of the author as 
one differing in party views with himself, but of high 
respectability and a gentleman of talents. That the 
writer is a close and active thinker, the article itself 
shows. We transfer it to ourcolumns and place it on 
record, because it embodies more texts to preach from 
than any article of the same length we have seen. Most 
of his propositions will strike the popular mind favora¬ 
bly, some will not, but even thpse are worthy of an 
elaborate discussion and a careful and candid decision. 

This article shows another thing, and it is well for 
those who try to deceive themselves and others on the 
subject, to recollect it, which is, that the people, many 
of them at least, are deeply reflecting on the subject of 
a new Constitution,and many a hitherto unheard voice, 
will soon be heard, understandingly too, on the impor¬ 
tant qnestion. It is not a new question, either, as we 
have shown, but one of long reflection by our ablest 
jurists and statesmen: 

From the Kalida Venture. 

Mr. Editor: —In accordance with the provisions of 
the constitution, the electors of this state will be re¬ 
quired to determine, by vote at the next election, 
whether in their opinion the present constitution re¬ 
quires amendment. The act of deciding what shall 
be the fundamenta law of the state is the highest which 
men can be called upon to perform,and in proportion to 
its importance and gravity, ought to be the candor and 
calmness with which it is performed. Proposed amend¬ 
ments should not be capricious; nor should they be de¬ 
graded into mere questions of partisan strife. Consti¬ 
tutions are the barriers erected against undefined and 
unlimited power, and should declare the guarantees of 
the rights of the individuals who reside within their 
jurisdiction. All parties and all persons are therefore 
equally interested in them, and have an equal right to 
demand that a constitution shall secure the greatest good 
to the whole number. 

I will not at this time argue the propriety or necessi¬ 
ty of amending the existing constitution of Ohio. For 
my present purpose I will take it for granted that it is 
both proper and necessary to make amendments, and I 
will suggest for the consideration of the electors, amend¬ 
ments, to secure the following objects: 

1. To vindicate the dignity of the state, it ought to 
be declared, that the south-eastern boundary is the mid¬ 
dle of the channel of theOhio River, and that this state 
has jurisdiction of its citizens while upon any part of 
the waters of the Ohio River, when the same is the 
boundary. 

2. All qualification of voters, except residences and 
sufficient age, out to be abolished. 

3. All electors ought to be capable of holding any of¬ 
fice in the state, without any other qualification than 
that they are electors. 

4. Seneutors ought to be elected by large districts, 
and the number increased to forty-eight. 

5. Every county ought to have one Representative and 
one additional Representative for a specified number of 
persons in the county, say 20,000, in addition to the 
first 20,000; and should be elected entirely by single 
districts, of one Representative each. 

6. Contested elections of Senators and Representa¬ 
tives ought to be decided by the courts, before the mem¬ 
bers take their seats. 


7. The appointing power ought to be entirely taken 
away from the Legislature. 

8. A Lieutenant Governor ought to bo elected; aud 
also a Commissioner of Common Schools. 

9. All officers, Legislative, Executive and Judicial, 
except subordinate clerks, ought to be elected directly 
by the electors. 

10. The Legislature ought not to meet in session 
oftener than every second year; the session should com¬ 
mence on the first Monday of January, and the length 
of the session ought to be limited. 

11. After the compensation of any officeris once as¬ 
certained, the Legislature ought to have no power to re¬ 
duce it. The compensation of Executive and Judi¬ 
cial officers ought to be increased, and fixed by the 
constitution. For county officers, fees ought to be 
abolished, and annual compensation substituted. 

12. The Legislature ought to be prohibited from 
passing special acts of incorporation. So far as associ¬ 
ations of persons are convenient, they ought to exist 
under general laws. Such laws ought not to be permit¬ 
ted to be construed to be contracts, to any greater de¬ 
gree than any other law, and should at all times be 
open to alteration, amendment, or repeal. The only 
effect of acts of incorporation should be, to associate 
persons under a common name, and to aggregate cap¬ 
ital or means, and should confer no powers or privileges 
which a natural person, of equal means, does not en¬ 
joy or possess. 

13. The Legislature ought to be forbidden to make 
the state a stockholder, with individuals and private 
companies; and the objects, and the extent to which 
the state may be indebted, ought to be declared. 

14. The imposition of taxes should be required to 
be at the same uniform rate upon the valuation of all 
property within the jurisdiction within which such 
taxes are levied. 

15. Offences against the good reputation of persons, 
and offences against female chastity, committed under 
promise of marriage, ought to be punished by impri¬ 
sonment, and the party injured ought not to be entitled 
to compensation in money. 

16. All punishment by fine ought to be abolished, as 
being unequal and inadequate. 

17. Devises of land by will, ought to be abolished, 
and the decent and distribution thereof defined by law. 

18. Specific quantities of land ought to be exempted 
from sales on execution; and married females ought to 
have assured to them their property. 

19. The legal equality of married females with males 
ought to be recognized and established. 

20. The laws of this state ought to be reduced to a 
systematic code; the proeess, pleading and practice of 
the courts simplified; the distinction between law and 
equity jurisprudence abolished; and the common law 
of England abrogated. 

21. The judiciary ought to be remoddled by abolish¬ 
ing the Court of Common Pleas, and substituting in its 
place County Coufts, consisting of one Judge only, 
with original jurisdiction in all cases above Justices of 
the Peace; and for the settlement of estates of diseased 
persons, and the appointment of guardians, there ought 
to be a separate Court in each county, consisting of one 
Judge. 

22. There ought to be a District Court, consisting 
of one Judge, with jurisdiction by certiorari; and writs 
of error, of course, to bring the judgments of the Coun¬ 
ty Courts before him, in cases in which the County 
Courts have original jurisdiction. 

23. The Supreme Court ought to consist of a Chief 
Justice and of all the District Judges, to be held once 
a year at Columbus, with jurisdiction by way of writ of 
error only, to be allowed by the Chief Justice, in cases 

n which the County Courts had original jurisdiction. 








THE NEW CONSTITUTION. 


25 


and in which the District Courts overruled the judg¬ 
ment of the Couuty Court. 

24 In civil suits juries ought only to be had in cases 
in which either party demanded one, or in which the 
Court should order one. 

25. No religious belief, and no adjuration to Almigh¬ 
ty God, ought to be required of witnesses. 

26. The state should refund to the counties all ex¬ 
penses incurred in prosecutions for crimes and misde¬ 
meanors. 

27. Power of local legislation ought to be conferred 
upon Couuty Commissioners, and their number, by 
some just ratio, increased. 

As [remarked in the beginning, these particulars are 
suggested for the consideration of electors. Should time 
and occasion permit, I may hereafter upon arguments, 
showing the necessity and propriety of adopting these 
or similar amendments. " PROGRESS. 


Proposed Birtli of Ohio. ' ^' 


36 


As an interesting reminiscence of the times that are 
past, we copy below a letter, which we find in the De¬ 
fiance Democrat, written by Thomas Worthington, of 
Chillicothe, who subsequently represented the state in 
the Senate of the United States, and for four years 
was its Governor. It was written during the struggle 
between the people of the North Western Territory and 
Gov. St. Clair, for the change of a territorial to a state 
government. Gov. Worthington, when a convention 
to form the State Constitution was called, was among 
its members as a delegate from Ross county, as was also 
Mr. Goforth, to whom the letter was addressed, as a 
delegate from Hamilton county. 

The Democrat copies the letter “from an old paper,” 
but does not give the title of the sheet. It is no doubt 
genuine; and if so, will be found of value, in the light 
it throws upon the interesting period immediately pre¬ 
ceding the birth of Ohio: 

“City of Washington,) 
“January 28, 1801. ) 

“Dear Sir: —Believing that you wish that our pre¬ 
sent colonial system (oppressive iu its nature and un¬ 
just in its practice, and made more so by the usurpation 
of the executive,) should be changed as soon as con¬ 
genial to the feelings of freemen, and which you have 
supported and helped to establish in times which tried 
men’s souls, I do myself the pleasure to inform you that 
congress did yesterday reject the law passed by the 
territorial legislature. A resolution has been moved, 
the object of which is to appoint a committee who shall 
report their opinions on the propriety of passing a law, 
giving the assent of congress to our assumftig an inde- 
dendent state government. 1 can only say that it is my 
opinion that a law will be passed to this effect; and, as 
I have before stated, believing you friendly to this mea¬ 
sure, I feel a pleasure in communicating to you this 
information. You know Ihaye been uniformly a sup¬ 
porter of the measure ever since I had the pleasure of 
first seeing you, and that our feelings on this subject 
have been perfectly coincident. I hope to see you a 
member of our convention, and that you may, when 
you bid adieu to time, have the consolation of hav¬ 
ing given your aid in the formation of a government 
which is to protect the lives, liberties, and property of 
thousands yet unborn. Present me respectfully to your 
good lady, and accept the assurances of my respect and 

“T. WORTHINGTON. 

“Wm. Goforth, jr., Esq.” 


The New Constitution ami Legal Reform. 


THE ELECTION OF JUDGES BY THE PEOPLE. 

Why should not the people elect their Judges as 
well as other officers ? 

This is a question which is approached by many with 
fear and trembling; they seem to think it an innova¬ 
tion by no means to be tolerated. Our government is 
one which is based opon the sovereignty of the people, 
it sprang into existence by their own free will, and ex¬ 
hibits intelligence of the highest order. In its forma¬ 
tion, they have seen fit to confide the election of Judges 
to their authorized agent, the Legislature for the 
purpose of convenience, this authority they now pro¬ 
pose to revoke, and themselves to perform the functions 
heretofore performed by their agents. That they have 
the undoubted right and power to do it, will not be 
questioned, but it is urged that it will not be expedient 
to exercise that power, for the following reasons: 

1st. Because the people as a mass, have not sufficient 
ntelligence and discernement to make the selection. 

I am not one of those who would say that the peo¬ 
ple are infaliable, and not liable to error, neither would 
I assign that attribute to the Legislature; but what I 
would contend for is, that in point of intelligence and 
discernment in their primary conventions, they are in 
every respect equal to, if not superior to those to whom 
they have heretofore assigned the duty of appointing 
Judges. Our Legislatures have always been composed 
of plain practical men, with intelligence not above me¬ 
diocrity, but well calculated to do business of plain legis¬ 
lation; in their qualifications nothing is to be seen which 
would distinguish them from a large majority of their 
fellow citizens from amongst whom they are selected. 

They have nothing distinguishing but tlie title of 
Legislators; and if this can by magic power transform 
them into men of superior intellect, there is more virtue 
in a name than has heretofore been supposed. It istrue 
that now and then you find in the Halls of Legislation, 
(but in latter days very rarely,) a mind of superior ca¬ 
pacity, but it is no less true that for every one of this 
character which you may find, you can find hundreds 
without its walls, who are equal, if not superior, in the 
same qualifications. 

The largest portion of the intelligence of the State, 
being then by no means found within the Legislature, 
but, on the contrary, without that body, why should it 
not be alio wed to perform an act which hasheretofore been 
performed by the lesser portion? It seems tome that 
no sensible reason can be assigned against it. It is es¬ 
sentially democratie. The abilities of the people to per¬ 
form the act, are equal to, if not greater, than those of 
their agents, who have heretofore performed it for them. 
This is no dicta. It has been fully tested in those States 
which have recently elected their Judges under new 
Constitutions, amended for this purpose, and all fears of 
the people acting unwisely in the matter entirely abol¬ 
ished in those States. That which has been done ther 


V, A , 


can be done in Ohio. 

U 

(A A t-*- • ^ 


M 


-si i 


C't 


s/f. 




If 


l 

il t. 


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26 


THE NEW CONSTITUTION. 


2d. It is frequently urged that the principle of elec¬ 
tion necessarily implies the idea of representation, a re¬ 
flecting of popular sentiment; and that, therefore, Judg¬ 
es, if elected by the people, will in their decisions often 
reflect the popular will and disregard law. 

This principle of election is confined exclusively to 
legislation, and to such matters as the people purport to 
act in themselves, by their agents. When the people 
will that there shall be a law, they appoint agents (for 
the sake of convenience) to enact it. Thus far the 
people have acted; it then remains for that law to be 
administered; the utter impossibility of their acting far¬ 
ther in the matter is seen by them, and it is also seen 
that confidence is to be placed in the judgment, impar¬ 
tiality, integrity and purity of some one, in order that 
it may be impartially and rightly administered. To 
this individual great powers are of necessity given, 
against the abuse of which they can only have as se¬ 
curity, his conscience and his oath. In the selection 
of such an individual by an honest people, to what 
points would their inquiries naturally be directed? 
Most unquestionably to the following, every honest 
man would answer: is his judgment of the law sound? 
Is his impartiality proverbial? Is his integrity to be re¬ 
lied on? Is his purity without a stain? And not 
whether he will reflect their will in the administration 
of the law? or whether he will decide this case in one 
way and that case in another? The people, by their 
act of appointing him judge, surrender to him the ad¬ 
ministration of the whole law, requiring of him only 
that in its administration he be guided by honor, im¬ 
partiality and sound judgment in its construction. Now 
it seems to me to be absurd to say that the people, in 
the selection of such a man, requiring of him such 
tests as necessary to his fitness for the office, would at 
the same time require of him a violation of those tests, 
by asking him to reflect their sentiments in matters 
which might possibly come before him for his judg¬ 
ment. Yet there are those at this day who stand ready 
to insult the honor and intelligence of the people by 
expressing their belief that such would be the result, 
were thev permitted to elect their own judges. 

MARCUS. 


AN ACT 

To amend an act to provide for the recording of town 
plats, passed March 3.1831. 

Sec. 1. Be it enactedthat the General Assembly of the 
State of Ohio, That from and after the passage of this 
act, whenever any person wishes to lay out any town, 
or any subdivision or addition thereto, it shall be law¬ 
ful for such person to cause the same to be surveyed, 
laid out and platted, in the manner prescribed by the 
first section of the act to which this is an amendment, 
by any competent surveyor, at his discretion, and the 
plat or map so made shall be equally valid as if the same 
had been made by the county surveyor. 

JOHN G. BRESL1N, 
Speaker of the House of Representatives. 

BREWSTER RANDALL, 
Speaker of the Senate. 

March 22,1849. 


Reform in Maryland. 

From the Baltimore Argus. 

Reform. —We take the following extract from an 
ably written article, on the subject of reform, in the 
Frederick Citizen: 

•‘Now, it is quite probable, that Reform can never be 
obtained, without the united action of ALL Reformers, 
whigsand democrats. It is equally certain that gross 
abuses exist, which need reform. And it is perfectly 
manifest that Reform never can be accomplished except 
it be through the medium of a convention, constituted 
as similar conventions, held in nearly all the states of 
the Union, have been. We propose, therefore, (with 
all due respect for the opinions of others) that a CON¬ 
VENTION OF REFORMERS, irrespective of party, 
be called, to meet in Baltimore, or elsewhere,as early 
as possible after the next harvest. The object of that 
convention will be to procure harmony amongst Refor¬ 
mers, who have, hitherto, been kept apart by national 
politics—to make such a demonstration as shall com¬ 
pel the next Legislature to provide for the call of a 
convention to reform the constitution—to devise ways 
and means to make the power of the Reformers felt— 
in a word, to organize a "REFORM PARTY, and se¬ 
cure its ascendancy in the next Legislature. We call 
upon all REFORM presses to unite in the movement. 
VVe have no other hope but this. Let the people take 
the matter in their own hands at once. Let whigs and 
democrats shake hands upon this common platform, 
and the work can be done speedily, peacefully and to 
the satisfaction of all. Four yeais will have to roll 
around before another Presidential contest—and, in the 
mean time, let us put our state afiairs in a sound condi¬ 
tion, and we can better afford, afterwards, to disagree 
and divide upon national questions. 

“We hold out the olive branch! Who of our oppo¬ 
nents will receive it?” 

Reform in our state is a thing much needed. Whigs 
and Democrats are convinced of this fact We hope, 
therefore, that for once the people of Maryland will be¬ 
come united A large majority of our citizens are in 
favor of reform, Conventional Reform, for experience 
has taught us that it is only through a convention that 
we can obtain the kind of reform we need; then, why 
not have it? Other states have reformed their consti¬ 
tutions through conventions, states who did not need 
reform as much as ours. Is there a man within the bor¬ 
ders of Maryland who dare say that Marylanders have 
not wisdom enough to remoddle our Constitution, and 
make it more like the spirit of the age in which we 
live, more adapted to the wants of the people than our 
present unseasonable apology for a Constitution ?— 
We are sure there is not. Then we say again, why 
not have reform ? Let us go to work like men, and 
forget our partizan feelings while battling for what we 
are all convinced is right. We intend, shortly, to take 
hold of this subject with all our might, and neither 
sleep nor slumber until the object of reform is accom¬ 
plished. 

[LFThe Capital of Minesota is St. Pauls. Already 
a prospectus has been issued for a newspaper there, to 
be called the “Epistle of St. Paul.” Before many 
years Minesoto will demand admission into the Union 
as a state. 

Back Nos. 

We shall, of course, be prepared to furnish subscri¬ 
bers with back numbers of this work to any supposed 
| amount that may be wanted. Send in the names and 
I the volume will be filled. 








THE NEW CONSTITUTION. 


27 


Constitution of the Stale of Ohio. 

We, the people of the eastern division of the territory 
of the United States, northwest of the r iver Ohio, 
having the right of admission into the general gov¬ 
ernment, as a member of the Union, consistent with 
the constitution of the United States, the ordinaij.ee 
of Congress of one thousand seven hundred and 
eighty-seven, and of the law of Congress, entitled 
“Ail act to enable the people of the eastern division 
of the territory of the United States, northwest of 
the river Ohio, to form a constitution and state gov¬ 
ernment, and for the admission of such state into 
the Union, on an equal footing with the original 
states, and for other purposes; in order to establish 
justice, promote the welfare, and secure the bless¬ 
ings of liberty to oureelves and our posterily, do or¬ 
dain and establish the following constitution or form 
of government; and do mutually agree with each 
other to form ourselves into a free and independent 
state, by the name of lhe State of Ohio. 

ARTICLE I. 

OF THE LEGISLATIVE POWER. 

Section 1. The legislative authority of this state, 
shall be vested in a General Assembly, which shall 
consist of a Senate and House of Representatives, both 
to be elected by the people. 

Sect. 2. Within one year after the first meeting of 
the general assembly, and withinevery subsequent teim 
of four years, an enumeration of all the white male in¬ 
habitants, above twenty one years of age, shall be made in 
such manner as shall be directed by law. The num¬ 
ber of representatives shall, at the several periods of 
making such enumeration, be fixed by the legislature, 
and apportioned among the several counties, according 
to the number of white male inhabitants above twenty 
one years of age in each, and shall never be less than 
twenty-four, nor greater than thirty-six, until the num¬ 
ber of white male inhabitants, above twenty-one years 
of age, shall be twenty-two thousand; and after that 
event, at such ratio that the whole number of repre¬ 
sentatives shall never be less than thirty-six nor exceed 
seventy-two. 

Sect. 3. She representatives shall be chosen annu¬ 
ally, by the citizens of each county, respoctively, on 
the second Tuesday of October. 

Sect. 4. No person shall be a representative, who 
shall not have attained the age of twenty-five years, 
and be a citizen of the United States, and an inhabitant 
of this state; shall also have resided within the limits 
of the county in whidh he shall be chosen, one 
year next preceding his election, unless he shall 
have been absent on the public business of the 
United States, or of this state, and shall have paid a 
state or county tax. 

Sect. 5. The senators shall be chosen biennially, 
by the qualified voters for represenatives; and on their 
being convent-d in consequence of the first election, 
they sh 11 be divided, by lot, from their respective 
counties or districts, as near as can be, into two 
classes : the seats of the senators of the first class, 
shall be vacated at the expiration of the first year, and 
of the second class, at the expiration of the second 
year; so that one half thereof, as near as possible, may 
be annually chosen forever thereafter. 

Sect. 6. The number of senators shall, at the 
several periods of making the enumeration, before 
mentioned, bd fixed by the legislature, and apportioned 
among the several counties or districts, to be established 
by law, according to the number of white male inhab¬ 
itants, of the age of twenty-one yers, in each, and 


I shall never be less than one-third, nor more than one- 

half, of the number of representatives. 

Sect. 7. No person shall be a senator who has not 
arrived at the age of thirty years, and is a citizen of the 
United States; shall have resided two years in the 
county or district, immediately preceding the election, 
unless he shall have been absent on the public business 
of the United States, or of this state; and shall, more¬ 
over, have paid a state or county tax. 

Sect. 8 . The senate and house of representatives, 
when assembled, shall each choose a speaker and its 
other officers; be judges of the qualifications and elec¬ 
tions of its members, and sit upon its own adjourn¬ 
ments; two-thirds of each house shall constitute a quo- 
to do business ; but a smaller number may adjourn 
from day to day, and compel the attendance of absent 
members. 

Sect. 9. Each house shall keep a journal of its 
proceedings, and publish them ; the yeas and nays of 
the members, on any question, shall, at the desire of 
any two of them, be entered on the journals. 

Sect. 10. Any two members of either house shall 
have liberty to dissent from, and protest against, any 
act or resolution which they may think injurious to the 
public or any individual, and have the reasons of their 
dissent entered on the journals. 

Sect. 11. Each house may determine the rules of 
its proceedings, punish its members foi disorderly be¬ 
havior, and with the concurrence of two thirds, expel 
a member, but not a second time for the same cause; 
and shall have all other powers necessary for a branch 
of the legislature of a free and independent state. 

Sect. 12. When vacancies happen in either house, 
the governor, or the person exercising the power of the 
governor, shall issue writs of election to fill such va¬ 
cancies. 

Sect. 13. Senators and representatives shall, in all 
cases,, except treason, felony, or breaefi of the peace, 
be privileged from arrest, during the session of the 
general assembly, and in going to, and retiupiing from, 
the same ; and for any speech or debate in either 
house, they shall not be questioned in any other place. 

Sect. 14. Each house may punish, by imprison¬ 
ment, during their session, any person not a member, 
who shall be guilty of disrespect to the house, by any 
disorderly or contemptuous behavior in their presence; 
provided such imprisonment shall not, at any one time, 
exceed twenty-four hours. 

Sect. 15. The doors of each house, and of commit¬ 
tee of the whole, shall be kept open, except in such v 
cases as, in the opinion of the house, require secrecy. 
Neither house shall, without the consent of the other, 
adjourn for more than two days, nor to any other place 
than that in which the two houses shall be sitting. 

Sect. 16. Bills may originate in either house, but 
may be altered, amended, or rejected by the other. 

Sect. 17. Every bill shall be read on three different 
days, in each house, unless, in case of urgency, three- 
fourths of the house where such bill is so depending, 
shall deem it expedient to dispense with this rule; and 
every bill having passed both houses, shall be signed 
by the speakers of their respective houses. 

Sect. 18. The style of the laws of this state, shall 
be—“Be it enacted by the General Assembly of the 
State of Ohio.” 

Sect. 19. The legislature of this state shall not allow 
the following officers of government greater annual sal¬ 
aries than as follows, until the year ene thousand 
eight hundred and eight, to wit:—The governor, not 
more than one thousand dollars; the judges of the Su¬ 
preme court, not more than one thousand dollars each; 
the presidents of the courts of common pleas, not 
more than eight hundred dollars each; the secretary of 
state, not more than five hundred dollars; the auditor 










28 


THE NEW CONSTITUTION. 


of public accounts, not more than seven hundred and 
fifty dollars; the treasurer, not more than four hundred 
and fifty dollars; no member of the legislature shall 
receive more than two dollars per day, during his at¬ 
tendance on the legislature, nor more for every twenty 
five miles he shall travel in going to, and returning 
from, the general assembly. 

Sect. 20. No senator or representative shall, during 
the time for which-he shall have been elected, be ap¬ 
pointed to any civil office under this state, which shall 
have been created, or the emoluments of which shall 
have been increased, during such time. 

*" Sect. 21. No money shall be drawn from the treasury, 
but in consequence of appropriations made by law. 

Sect. 22. An accurate statement of the receipts 
and expenditures of the public money,shall beattiched 
to, and published with the laws, annually. 

Sect. 23. The house of representatives shall have 
the sole power of impeaching, bnt a ma.ority of all the 
members must concur in an impeachment; all im¬ 
peachments shall be tried by the senate; and when sit¬ 
ting for that purpose, the senators shall be upon oath 
or affirmation, to do justice according to law and evi¬ 
dence; no pereon shall be convicted without the con¬ 
currence of two-thirds of all the senators. 

Sect. 24. The governor, and all other civil officers 
under this state, shall be liable impeachment for any 
misdemeanor in office; but judgment in such case, shall 
not extend fnrther than removal from office, and dis¬ 
qualification to hold any office of honor, profit, or trust, 
under this state. The party, whether convicted or ac¬ 
quitted, shall, nevertheless, be liable to indictment, 
trial, judgment, and punishment, according to law- 

Sect. 25- The first session of the general assembly 
shall commence on the first Tuesday of March next; 
and forever after, the general assembly shall meet on 
the first Monday of December, in every year, and at 
no other period, unless directed by law, or provided for 
by this constitution. 

Sect. 2§ i . No judge of any court of law of law or 
equity, secretary of state, attorney general, register, 
clerk of any court of record, sheriff, or collector, 
member of either house of congress, or peason holding 
any office under the authority of the United States, or 
any lucrative office under the authority of this state, 
(provided that appointments in the militia or justices 
of the peace, shall not be considered lucrative offices,) 
shall be eligible as a candidate for, or have a seat in, the 
general assembly. 

Sect. 27. No person shall be appoited to any office, 
within any countv, who shall not have been a citizen 
and inhabitant therein, one year next before his ap¬ 
pointment, if the county shall have been so long 
erected; but if the county shall not have been so long 
erected, then within the limits of the county or coun¬ 
ties out of which it shall have been taken. 

Sect. 28. No person who, heretofore, hath been, or 
hereafter may be, a collector or holder of public mon¬ 
eys, shall have a seat in either house of the genera! 
assembly, uutil such person shall have accounted for, 
and paid into the treasury, all sums for which he may 
be a ccountable or liable. 

ARTICLE II. 

OF THE EXECUTIVE. 

Sect. 1. The supreme executive power of this 
state, shall be vested in a Governor. 

Sect. 2. The governor shall be chosen by the elec¬ 
tors of the members of the general assembly, on the 
second Tuesday of October, at the same places, and in 
the same manner, that they shall respectively vote for 
members thereof. The returns of every election for 
governor, shall be sealed up and transmitted to the seat 
of government, by the returning officers, directed to 


the speaker of the senate, who shall open and publish 
them, in the presence of a majority of the members of 
each house of the general assembly; the person 
having the highest number of votes shall be governor; 
but if two or more shall be equal and highest in votes, 
one of them shall be chosen governor by joint ballot 
of both houses of the general assembly. Contested 
elections for governor, shall be determined by both 
houses of the general assembly, in such manner as shall 
be prescribed by law. 

Sect. 3. The first governor shall hold his office un¬ 
til the first Monday of December, one thousand eight 
hundred and five, and until another governor shall be 
elected and qualified to office ; and forever after, the 
governor shall hold his office for the term of two years, 
and until another governor shall be elected and qualifi¬ 
ed ; but he shall not be eligible more than six years, in 
any term of eight years. He shall be at least thirty 
years of age, and have been a citizen of the United 
States twelve, years, and an inhabitant of this state four 
years next preceding his election. 

Sect. 4. He shall, from time to time, give to the 
general assembly information of the state of the gov¬ 
ernment, and recommend to their consideration such 
measures as he shall deem expedient. 

Sect. 5. He shall have the power to grant reprieves 
and pardons, after conviction, except in cases of im¬ 
peachment. 

Sect. 6 . The governor shall, at stated times, receive 
for his services a compensation, which shall neither be 
increased nor diminished during the term for which he 
shall have been elected. 

Sect. 7. He may require information in writing, 
from the officers of the executive department, upon any 
subject relating to the duties of their respective offices, 
and shall take care that the laws be faithfully executed. 

Sect. 8. When any officer, the right of whose ap¬ 
pointment is, by this constitution, vested in the gener¬ 
al assembly, shall, during the recess, die, or his office 
by any means become vacant, the governor shall have 
power to fill such vacancy, by granting a commission, 
which shall expire at the end of the next session of the 
legislature. 

Sect. 9. He may, on extraordinary occasions, con¬ 
vene the general assembly, by proclamation, and shall 
state to them, when assembled, the purposes for which 
they shall have been convened. 

Sect. 10. He shall be commander-in-chief of the 
army and navy of this state, and of the militia, except 
when they shall be called into the service of the United 
States. 

Sect .11. In case of disagreement between the two 
houses, with respect to the time of adjournment, the 
governor shall have the power to adjourn the general 
assembly to such time as he thinks proper ; provided it 
be not a period beyond the annual meeting of the legis¬ 
lature. 

Sect. 12. In case of the death, impeachment, resig¬ 
nation or removal of the governor from office, tlie 
speaker of the senate shall exercise the office of gov¬ 
ernor, until he be acquitted, or another governor shall 
be duly qualified. In case of the impeachment of the 
speaker of the senate, or his death, removal from office, 
resignation or absence from the state, the speaker of 
the house of representatives shall succed to the office, 
and exercise the duties thereof, until a governor shall 
be elected and qualified. 

Sect. 13. No member of congress, or person hold¬ 
ing any office under the United States, or this state, 
shall execute the office of governor. 

Sect. 14. There shall be a seal of this state, which 
shall be kept by the governor, and used by him offi¬ 
cially, and shall be called “the great seal ok the 
state oe Ohio.” 






THE NEW CONSTITUTION. 


29 


Sect. 15. All grants and commissions shall be in 
the name, and by the authority of the state of Ohio, 
sealed with the seal, signed by the governor, and coun¬ 
tersigned by the secretary. 

SECRETARY" OP STATE. 

Sect. 16. A secretary of state shall be appointed by 
a joint ballot of the senate and house of representa¬ 
tives, who shall continue in office three years, if he 
shall so long behave himself well ; he shall keep a fair 
register of all the official acts and proceedings of the 
governor, and shall, when required, lay the same, and 
all papers, minutes and vouchers relative thereto, be¬ 
fore either branch of the legislature, and shall perform 
such other duties as shall be assigned him by law. 
ARTICLE III. 

OF THE JUDICIARY. 

Sect. 1. The judicial power of this state, both as 
to matters of law and equity, shall be vested in a su¬ 
preme court, in courts of common pleas for each coun¬ 
ty, in justices of the peace, and in such other courts 
as the legislature may, from time to time, establish. 

Sect. 2. The supreme court shall consist of three 
judges, any two of whom shall be a quorum. They 
shall have original and appellate jurisdiction, both in 
common law and chancery, in such cases as shall be 
directed by law ; provided, that nothing herein con¬ 
tained shall prevent the general assembly from adding 
another judge to the supreme court after the term of 
five years, in which case, the judges may divide the 
state into two circuits, within which any two of the 
judges may hold a court. 

Sect. 3. The several courts of common pleas shall 
consist of a president and associate judges. The state 
shall be divided, by law, into three circuits ; there shall 
be appointed in each circuit a president of the courts, 
who, during his continuance in office, shall reside there¬ 
in. There shall be appointed in each county, not more 
than three nor less than two associate judges, who, du¬ 
ring their continuance in office, shall reside therein.— 
The president and associate judges, in their respective 
counties, any three of whom shall be a quorum, shall 
compose the court of common pleas ; which court 
shall have common law and chancery jurisdiction in 
all such cases as shall be directed by law ; provided, 
that nothing herein contained shall be construed to pre¬ 
vent the legislature from increasing the number of cir¬ 
cuits and presidents, after the term of five years. 

Sect. 4. The judges of the supreme court and 
courts of common pleas, shall have complete criminal 
jurisdiction in such cases and in such manner as may 
be pointed out by law. 

Sect. 5. The court of common pleas in each coun¬ 
ty shall have jurisdiction of all probate and testamen¬ 
tary matters, granting administration, the appointment 
of guardians, and such other cases as shall be prescribed 
by law. 

Sect. 6. The judges of the court of common pleas 
shall, within their respective counties, have the sarne^ 
powers with the judges of the supreme court, to issue 
writs of certiorari to the justices of the peace, and to 
cause their proceedings to be brought before them, and 
the like right and justice to be done- 

Sect. 7. The judges of the supreme court shall, by 
virtue of their offices, be conservators of the peace 
throughout the state. The presidents of the courts of 
common pleas shall, by virtue of their offices, be con¬ 
servators of the peace in their respective circuits; and 
the judges of the court of common pleas shall, by vir- 
tne of their’offices, be conservators of the peace in their 
respective counties. 

Sect. 8. The judges of the supreme court, the 
presidents and the associate judges of the courts of 

common pleas, shall be appointed by a joint ballot of 


both houses of the general assembly, and shall hold 
their offices for the term of seven years, if so long they 
behave well. The judges of the supreme court, and 
the presidents of the courts of common pleas, shall, at 
stated times, receive for their services an adequate com¬ 
pensation, to be fixed by law, which shall not be dimin¬ 
ished during their continuance in office ; but they shall 
receive no fees or perquisites of office, nor hold any 
other office of profit or trust under the authority of 
this state or the United States. 

Sect. 9. Each court shall appoint its own clerk for 
the term of seven years ; but no person shall be ap¬ 
pointed clerk, except pro tempore, who shall not pro¬ 
duce to the court appointing him, a certificate from a 
majority of the judges of the supreme court, that they 
judge him to be well qualified to execute the duties of 
the office of clerk to any court of the same dignity with 
that for which he offers himself. They shall be re¬ 
movable for breach of good behavior, at any time, by 
the judges of the respective courts. 

Sect. 10. The supreme court shall be held once a 
year in each county, and the courts of common pleas 
shall be holden in each county, at such times and pla¬ 
ces as shall be prescribed by law. 

Sect. 11. A competent number of justices of the 
peace shall be elected by the qualified electors in each 
township in the several counties, and shall continue in 
office three years, whose powers and duties shall, from 
time to time, be regulated and definecfby law. 

Sect. 12. The style of all process shall be, “ The 
State of Ohio all prosecutions shall be carried on in 
the name and by the authority of the state of Ohio , 
and all indictments shall conclude, “ against the peace 
and dignity of the same.” 

ARTICLE IV, 

OF ELECTIONS AND ELECTORS. 

Sect. 1. In all elections, all white male inhabitants 
above the age of twenty-one years, having resided in 
the state one year next preceding the election, and who 
have paid or are charged with a state or county tax, 
shall enjoy the right of an elector ; but no person shall 
be entitled to vote, except in the county or district in 
which he shall actually reside at the time of the elec¬ 
tion. 

Sect. 2. All elections shall be by ballot. 

Sect. 3. Electors shall, in all cases except treason, 
felony, or breach of the peace, be privileged from ar¬ 
rest, during their attendance at elections, and in going 
to and returning from the same. 

Sect. 4. The legislature shall have full power to 
exclude from the privilege of electing or being elected, 
any person convicted of bribery, perjury, or any other 
infamous crime. 

Sect. 5. Nothing contained in this article shall be 
so construed as to prevent wffiite male persons, above 
the age of twenty-one years, who are compelled to la¬ 
bor on the roads of their respective townships or coun¬ 
ties, and who have resided one year in the state, from 
'having the right of an elector. 

ARTICLE V. 

OF THE MILITIA OFFICERS. 

Sec. 1. Captains and subalterns in the militia, shall 
be elected by those persons, in their respective compa¬ 
ny districts, subject to military duty. 

Sec. 2. Majors shall be elected by the captains and 
subalterns of the battalion. 

Sec. 3. Colonels shall be elected by the majors, 
captains and subalterns of the regiment. 

Sec. 4. Brigadiers general shall be elected by the 
commissioned officers of their respective brigades. 

Sec. 5. Majors general and quartermasters general 
shall be appointed by joint ballot of both houses of the 
legislature. 








30 


THE NEW CONSTITUTION. 


Sec. 6. The governor shall appoint the adjutant j 
gene oral. The majors general shall appoint their aids 
and other division staff officers. I he brigadiers gener¬ 
al shall appoint their brigade majors and other brigade 
staff officers. The commanding officers of regiments 
shall appoint their adjutants, quartermasters and other 
regimental staff officers; and the captains and subal¬ 
terns shall appoint their non-commissioned officers and 
musicians. 

Sec. 7. The captains and subalterns of the artillery 
and cavalry shall be elected by the persons enrolled in 
their respective corps; and the majors and colonels shall 
be appointed in such manner as shall be directed by 
law. ' The colonels shall appoint their regimental staff; 
and the captains and subalterns their non-commission¬ 
ed officers and musicians. 

ARTICLE VI. 

OF CIVIL OFFICERS. 

Sec. 1. There shall be elected in each county, one 
sheriff and one coroner, by the citizens thereof, who 
are qualified to vote for members of the assembly: 
they shall be elected at the time and place of holding 
elections for members of assembly: they shall contin¬ 
ue in office two years, if they shall so long behave well, 
and until successors be chosen and duly qualified: pro¬ 
vided, that no person shall be eligible as Sheriff for a 
longer term than four years in any term ol six years. 

Sec 2. The state treasurer and auditor shall be tri- 
enuially appointed by a joint ballot of both houses of 
the legislature. 

Sec. 3. All town and township officers shall be 
chosen annually, by the inhabitants thereof, duly qual¬ 
ified to vote for members of assembly, at such time 
and place as may be directed by law. 

Sec. 4. The appointment of all civil officers, not 
otherwise directed by this constitution, shall be made in 
such manner as may be directed by law. 

ARTICLE VII. 

OFFICIAL OATHS. 

Sec. 1. Every person who shall be chosen or ap¬ 
pointed to any office of trust or profit, under the au¬ 
thority of this State, shall, before the entering on the 
execution thereof, take an oath or affirmation to sup¬ 
port the constitution of the United States and also an 
oath of office. 

BRIBERY AT ELECTIONS. 

Sf.c. 2. Any elector, who shall receive any gift or 
reward for his vote, in meat, drink, money, or other¬ 
wise, shall suffer such punishment as the laws shall di¬ 
rect; and any person who shall, directly or indirectly, 
give, promise, or bestow any such reward, to be elect¬ 
ed, shall thereby be rendered incapable, for two years, 
to serve in the office for which he was elected, and be 
subject to such other punishment as shall be directed 
by law. 

OF NEW COUNTIES. 

Sec. 3. No new county shall be established by the 
general assembly, which shall reduce the county or 
counties, or either of them, from which it shall be ta¬ 
ken, to less contents than four hundred square miles; 
nor shall any county be laid off, of less contents. Ev¬ 
ery new county, as to the right of suffrage and repre¬ 
sentation, shall be considered as a part of the county 
or counti s from which it was taken, until entitled by 
numbers, to the right of representation. 

OF THE SEAT OF GOVERNMENT. 

Sec. 4. Chillicothe shall be the seat of government 
until the year one thousand eight hundred and eight. 
No money shal be raised until the year one thousand 
eight hundred and nine, by the legislature of this State, 


for the purpose of erecting public buildings for the ac¬ 
commodation of the legislature. 

OF AMENDMENTS TO THE CONSTITUTION. 

Sec. 5. That after the year one thousand eight hun¬ 
dred and six, whenever two thirdsof the general assem¬ 
bly shall think it necessary to amend or change this 
constitution, they shall recommend to the electors, at 
the next election for members to the genera! assembly, 
to vote for, or against a convention; and if it shall ap¬ 
pear that a majority of the citizens of the State, voting 
for representatives, have voted for a convention, the 
general assembly shall, at their next session, call a con¬ 
vention, to consist of as many members as'there be in 
the general assembly; to be chosen in the same man¬ 
ner, at the same place, and by the same electors that 
choose the general assembly; who shall meet within 
three months after the said election, for the purpose of 
revising, amending or changing the constitution. But 
no alteration of this constitution shall ever take place, 
so as to introduce slavery oi involuntary servitude into 
this State. 

BOUNDARIES OF THE STATE. 

Sec. 6. That the limits and boundaries of this State 
be ascertained, it is declared, that they are as hereafter 
mentioned; that is to say: bounded on the east by the 
Pennsylvania line; on the south by the Ohio river to 
the mouth of the Great Miami river; on the west by 
the line drawn due north from the mouth ot the Great 
Miami, aforesaid; and on the north by an east and west 
line drawn through the southerly extreme of Lake 
Michigan, running east, after intersecting the due north 
line aforesaid, from the mouth of the Great Miami un¬ 
til it shall intersect Lake Erie or the territorial line, 
and thence with the same, through Lake Erie, to the 
Pennsylvania line aforesaid; provided always, and it is 
hereby fully understood and declared by this conven¬ 
tion, that if the southerly bend or extreme of Lake 
Michigan should extend so far south, that a line drawn 
due east from it should not intersect Lake Erie,or if it 
should intersect the said Lake Erie east of the mouth of 
the Miami river of the Lake, then and in that case, 
with the assent of the congress of the United States, 
the northern boundary of this State shall be establish¬ 
ed by, and extended to, a direct line running from the 
southern extremity of Lake Michigan to the most 
northerly cape of the Miami bay, after intersecting the 
due north line from the mouth of the Great Miami riv¬ 
er as aforesaid, thence northeast to the territorial line, 
and, by the said territorial line, to the Pennsylvania 
line. 

ARTICLE VIII. 

BILL OF RIGHTS. 

That the general, great and essential principles of 
liberty and free government may be recognized and 
forever unalterably established, we declare, 

Sec. 1. That all men are born equally free and in¬ 
dependent, and have certain natural, inherent and un¬ 
alienable rights; amongst which are the enjoying and 
defending life and liberty, acquiring, possessing and 
protecting property, and pursuing and obtaining happi¬ 
ness and safety; and every free republican government, 
being founded on their sole authority, and organized 
for the great purpose of protecting their righls and lib¬ 
erties, and securing their independence: to effect these 
ends, they have at all times a complete power to alter, 
reform or abolish their government, whenever they 
may deem it necessary. 

Sec. 2. There shall be neither slavery nor involun¬ 
tary servitude in this State, otherwise than for the pun¬ 
ishment of crimes, whereof the party shall have been 
duly couvicted; nor shall any male person, arrived at 
the age of twenty-one years, or female person arrived 








THE NEW CONSTITUTION. 


31 


at the age of eighteen years, be held to serve any per¬ 
son as a servant, under the pretence of indenture or 
otherwise, unless such person shall enter into such in¬ 
denture while in a state of perfect freedom, and on 
condition of a bona fide consideration received, or to be 
received, for their service, except as before excepted. 
Nor shall any indenture of any negro or mulatto, here¬ 
after made and executed out of the State, or if made in 
the State, where the term of service exceeds one year, 
be of the least validity, oxcept those given in the case 
of apprenticeships. 

Sec. 3. That all men have a natural and indefeasi¬ 
ble right to worship Almighty God, according to the 
dictates of conscience; that no human authority can, 
in any case whatever, control or interfere with the 
rights of conscience; that no man shall be compelled 
to attend, erect or support any place of worship, or to 
maintain any ministry, against his consent; and that no 
preference shall ever be given, by law, to any religious 
society or mode of worship, and no religious test shall 
be required, as a qualification, to any office of trust or 
profit. But religion, morality and knowledge, being 
essentially necessary to good government and the hap¬ 
piness of mankind, schools and the means of instruc¬ 
tion shall foeever be encouraged by legislative provis¬ 
ion. not inconsistent with the rights of conscience. 

Sec. 4. Private property ought and shall ever be 
held inviolate, but always subservient to the public 
welfare, provided a compensation in money be made to 
the owner. 

Sec. 5. That the people shall be secure in their 
persons, houses, papers and possessions, from unwar¬ 
rantable searches and seizures, and that general war¬ 
rants, whereby an officer may be commanded to search 
suspected places, without probable evidence of the fact 
committed, or te seize any person or persons notnamed, 
whose offences are not particularly described, and with¬ 
out oath or affirmation, are dangerous to liberty, and 
shall not be granted. 

Sec. 6. That the printing presses shall be open and 
free to every citizen who wishes to examine the pro¬ 
ceedings of any branch of government, or the conduct 
of any public officer; and no law shall ever restrain 
the right thereof. Every citizen has an indisputable 
right to speak, write or print, upon any subject, as he 
thinks proper, being liable for the abuse of that liber¬ 
ty. tn prosecutions for any publication respecting the 
official conduct of men in a public capacity, or where 
the matter published is proper for public information, 
the truth thereof may always be given in evidence; and 
in all indictments for libels, the jury shall have the right 
to determine the law and the facts, under the direction 
of the court, as in other cases. 

Skc. 7. That all courts shall be open, and every 
person for an injury done him in his lands, goods, per¬ 
son or reputation, shall have remedy by the due course 
of law, and right and justice administered, without de¬ 
nial or delay. 

Sec. 8. That the right of trial by jury shall be in¬ 
violate. 

Sec. 9. That no power of suspending laws shall be 
exercised, unless by the legislature. 

Sec. 10. That no person, arrested or confined in 
jail, shall be treated with unnesessary rigor, or be put 
to answer any criminal charge, but by presentment, in- 
, dictment or impeachment. 

Sec. 11. That in all criminal prosecutions, the ac¬ 
cused hath a right to be heard by himself and his coun¬ 
sel, to demand the nature and cause of the accusation 
against him, and to have a copy thereof; to meet the 
witnesses face to face; to have compulsory process for 
obtaining witnesses in his favor; and in prosecutions 
by indictment or presentment, a speedy public trial, by 


an impartial jury of the county or district in which 
the offence shall have been committed; and shall not 
be compelled to give evidence against himself, nor shall 
he be twice put in jeopardy for the same offence. 

Sec. 12 That all persons shall be bailable by suf¬ 
ficient sureties, unless for capital offences, where the 
proof is evident or the presumption great; and the priv¬ 
ilege of the writ of habeas corpus shall not be suspen¬ 
ded, unless, when in case of rebellion or invasion, the 
public safety may require it. 

Sec. 13. Excessive bail shall not be required; ex- 
cesssive fines shall not be imposed; nor cruel and un¬ 
usual punishments inflicted. 

Sec. 14. All penalties shall be proportioned to the 
nature of the offence. No wise legislature will affix the 
same punishment to the crime of theft, forgery and the 
like, which they do to those of murder and treason. 
When the same undistinguished severity is exerted 
against all offences, the people are led to forget the 
real distinction in the crimes themselves, and to com¬ 
mit the most, flagrant with as littlecompunction as they 
do the slightest offences. For the same reasons, a multi¬ 
tude of sanguinary laws are both impolitic and unjust: 
the true design of all punishments being-to reform, not 
to exterminate,mankind. 

Sec. 15. The person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in 
prison, after delivering up his estate for the benefit of 
his creditor or creditors, in such manner as shall be pre¬ 
scribed by law. 

Sec. 16. No ex post facto law, nor any law impair¬ 
ing the validity of contracts, shall ever be made; and no 
conviction shall work corruption of blood, or forfeiture 
of estate. 

Sec- 17. That no person shall be liable to be trans¬ 
ported ouf of this State, for any offence committed 
within the State. 

Sec. 18. That a frequent recurrence to the funda¬ 
mental principles of civil government, is absolutely 
necessary to preserve the blessings of liberty. 

Sec. 19. That the people have a right to assemble 
together in a peaceable manner, to consult for their 
common good, to instruct their representatives, and to 
apply to the legislature for a redress ol grievances. 

Sec. 20. That the people have a right to bear arms 
for the defence of themselves and the State: and as 
standing armies in time of peace, are dangerous to lib¬ 
erty, they shall not be kept up; and that the military 
shall be kept under strict subordination to the civil 
power. 

Sec. 21. That no person in this State, except such 
as are employed in the army or navy of the United 
States, or militia in actual service, shall be subject to 
corporal punishment under the military law. 

Sec. 22. That no soldier, in time of peace, be quar¬ 
tered in any house without the consent of the owner; 
nor in time of war, but in the manner prescribed by 
law. 

Sec. 23. That the levying taxes by the poll is griev¬ 
ous and oppressive; therefore the legislature shall never 
levy a poll tax for county or State purposes. 

Sec 24. That no hereditary emoluments, privi- 
eges or honors, shall ever be granted or conferred by 
this State. 

Sec. 25. That no law shall be passed to prevent 
the poor in the several counties and townships within 
this State from an equal participation in the schools, 
academies, colleges and universities within this State, 
which are endowed, in whole or in part, from the rev¬ 
enue arising from donations made by the United States, 
for the support of schools and colleges; and the doors 
of the said schools, academies and universities, shall be 
open for the reception of scholars, students and teach¬ 
ers of every grade, without any distinction or prefer- 






THE NEW CONSTITUTION. 


04 ) 

tJ i 


ence whatever, contrary to the intent for which said 
donations were made. 

Sec. 26. That laws shall be passed by the legisla¬ 
ture, which shall secure to each and every denomina¬ 
tion of religious societies, in each surveyed township 
which now is, or may hereafter be formed in the State, 
an equal participation, according to their number of ad¬ 
herents, of the profits arising from the land granted by 
congress, for the support of religion, agreeably to the 
ordinance or act of congress, making the appropria¬ 
tion. 

Sec. 27. That every association of persons, when 
regularly formed, within this State, and having given 
themselves a name, may, on application to the legisla¬ 
ture, be entitled to receive letters of incorporation, to 
enable them to hold estates, real and personal, for the 
support of their schools, academies, colleges, universi¬ 
ties, and for other purposes. 

Sec. 28. To guard against the transgression of the 
high powers, which we have delegated, we declare, 
that all powers, not hereby delegated, remain with the 
people. 

SCHEDULE. 

Sec. 1 . That no evils or inconsistencies may arise, 
from the change of a territorial government to a per¬ 
manent state government, it is declared by this con¬ 
vention, that all rights, suits, actions, prosecutions, 
claims and contracts, both as it respects individuals 
and bodies corporate, shall continue, as if no change 
had taken place in this government. 

Sec. 2. All fines, penalties and forfeitures, due and 
owing to the territory of the United States, northwest 
of the river Ohio, shall inure to the use of the State. 
All bonds executed to the governor, or any other of¬ 
ficer in his official capacity, in the territory, shall pass 
over to the governor or the other officers of the State, 
and their successors in office, for the use of the State, 
or by him or them to be respectively assigned over to 
the use of those concerned, as the case may be. 

Sec. 3. The governor, secretary and judges, and 
all other officers under the territorial government, shall 
continue in the exercise of the duties of their respect¬ 
ive departments, until the said officers are superceded 
under the authority of this constitution. 

Sec. 4. All laws, and parts of laws, now in force in 
this territory, not inconsistent with this constitution, 
shall continue and remain in full effect; until repealed 
by the legislature, except so much of the act, entitled 
•‘an act regulating the admission and practice of attor¬ 
neys and counsellors at law,” and of the act made 
amendatory thereto, as relates to the term of time which 
the applicant shall have studied law, his residence with¬ 
in the territory, and the term of time which he shall 
have practiced as an attorney at law, before he can be 
admitted to the degree of a counsellor at law. 

Sec. 5. The governor of the State shall make use 
of his private seal, until a State seal be procured. 

Sec. 6. The president of the convention, shall issue 
writs of election to the sheriffs of the several counties, 
requiring them to proceed to the election of a govern¬ 
or, members of the general assembly, sheriffs and coro¬ 
ners, at the respective election districts in each county, 
on the second Tuesday of January next; which elec¬ 
tions shall be conducted in the maqper prescribed by 
the existing election laws of this territory: and the 
members of the general assembly, then elected, shall 
continue to exercise the duties of their respective of¬ 
fices until the next annual or biennial election there¬ 
after, as prescribed in this constitution, and no longer. 

Seec. 7. Until the first enumeration shall be made, 
aes directed in the second section of the first article of 
this constitution, the county of Hamilton shall be en¬ 
titled to four senators and eight representatives; the 


county of Clermont, one senator and two representa¬ 
tives; the county of Adams, one Senator and three rep¬ 
resentatives; the county of Ross, two senators and four 
representatives; the county of Fairfield, one senator 
and two representatives; the county of Washington, 
two senators and three representatives; the county of 
Belmont, one senator and two representatives; the 
county of Jefferson, two senators and four representa¬ 
tives; and the county of Trumbull, one senator and 
two representatives. 

DONE IN CONVENTION, at Chillicothe, the twen¬ 
ty-ninth day of November, in the year of our Lord 
one thousand eight hundred and two,and of the in¬ 
dependence of the United States of America, the 
twenty seventh. 

In testimony whereof, we have hereunto subscribed our 
names, 

EDWARD TIFFIN, President, 

Attest: 

Thomas Scott, Secretary. 

To Agents, &c. 

Wo cannot permit this occasion to pass without re¬ 
turning our grateful acknowledgements to those who 
have voluntarily, on the receipt of our Prospectus for 
THE NEW CONSTITUTION, stepped forward and 
raised Clubs, some 7, some 15, some 20, and upwards, 
at a place. 

It is to the liberal and enlightened spirits of the 
state, who are ever active and vigilant, that we are so 
heavily indebted for the ability to push our work at 
once before the public. We hope they will continue 
their exertions, and that others may copy their exam¬ 
ple. It is really the only means by which a new work 
of the kind can get into circulation in time to do any 
valuable service, or save the publisher from loss. 

We start under very fair auspices; but we look for 
a fairer, brighter sky ahead. We want an active stir¬ 
ring Agent in every town, village, township, and 
neighborhood in the state. Are there not such to be 
found ? 

Any suggestions that our agents and patrons may 
make at any time, will be gladly received, and prompt¬ 
ly attended to. 

We would further suggest, to prevent misunder¬ 
standing or supposed neglect, that the receipt of the 
work will be a receipt for the pay, as we keep no open 
accounts. In consequence of this, we do not conceive 
it necessary to return written receipts, unless asked for, 
as the reception of a copy of the work will be consid¬ 
ered an acknowledgement that the money has been 
received. 

We would also state, for the benefit of our Agents 
and subscribers, that this is scarcely a fair specimen of 
our work, as it is well known, to printers and publish¬ 
ers, if not to others, that the difficulties and delays in 
getting out the first number of a new publication, pre¬ 
vent the necessary attention to all its parts, to make it 
what it was designed to be. Defects, therefore, where 
discovered we will try to remedy hereafter. 

thUnew~constitutionT 

BY S. MEDAltY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

•Fifteen “ “ «• « 10 00 

O" All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

0 = Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 








THE NEW CONSTITUTION. 



“power is always stealing from the many to the few.” 


Vol. I. 

Columbus, Ohio, Saturdiy, May 19, 1849. 

No. 3. 


Postage. —The postage on this work is the same as 
on a newspaper. 

To Correspondents. 

A Correspondent says, if we will publish his arti¬ 
cle he will become a subscriber. We say to our friend, 
for such we take him to be, that we should like to 
have him for a subscriber, as well as all others who de¬ 
sire to take a part in the formation of a new constitu¬ 
tion for Ohio, or who would like to read our work, for 
it is by subscribers alone that we can be sustained from 
pecuniary loss in its publication, but we wish to be 
distinctly understood in this matter, that no one need 
mistake themselves or us. No consideration by way 
of subscription, or otherwise, would tempt us for a 
moment to put any thing in its columns that is not 
proper to appear there. If any thing of the kind does 
find admission, it will be from a mistaken judgment, from 
which we claim no exclusion, but not from a reward 
of any kind, great or small. And on the other hand, if 
an article is presented us, and it comes within the rules 
laid down for admission, we shall not stop to enquire 
whether the writer is a subscriber or not. 

We thank our Correspondents, and we take this oc¬ 
casion to say so, for their favors and also the very liber¬ 
al compliments they pay our humble work. Material 
for making our work valuable as well as interesting, 
grows on our hands, and we feel cheered with the pros¬ 
pect that we shall be entirely successful in our under¬ 
taking, though we confess that when we began to ar¬ 
range material for its commencement and lay down a 
general plan of progress, we felt almost disposed to 
give it up, but being accustomed to never yield to ob¬ 
stacles, we thought we had got too old to commence. 
So here we are in the sea of trial and almost “success¬ 
ful experiment.” 

A Valuable Publication^ 

The first number of “ The New Constitution,” a 
neat and able sheet just commenced by our esteemed 
friend Col. S. Medary, of the Ohio Statesman, has 
come to hand, and we commend it to our Kentucky 
readers generally. 

It is a pamphlet of 16 large pages, issued weekly for 
sixmonths, from the 5th of May, for one dollar the sin¬ 
gle copy. Seven copies will be sent for five dollars ; 
or fifteen copies for ten dollars. The volume complete 
will consist of 400 pages, nicely adapted to binding. 

As the friends of Constitutional Reform in Ken¬ 
tucky are interested in the questions which will be dis¬ 
cussed in “ The New Constitution,” we believe that 
they should patronize the undertaking of Col. Medary 
with a liberal hand.— Ky. Flay. 


THE ORDINANCE OF ’8T—-THE BIRTH 
OF OHIO. 

The student of Geography, when casting his eye 
over the map, and tracing the boundaries of the vast 
region, which was once known as the Territory North¬ 
west of the River Ohio, will find renewed pleasure in 
the thought that his lot has been cast in the fairest por¬ 
tion of the fair land embraced within the American 
Union. We speak of the north-west as a section, for 
so Its interests—so itsevery history—so the feelings of 
the million who now inhabit and cultivate its rich fields 
and pastures green—its hill sides, its valleys, and its 
vast prairies, have made it. The discovery by the 
French missionaries who made their way from Canada 
to the Mississippi, and the discoveries of La Salle, a 
few years after, bound it together, and throughout the 
fierce and vindictive wars which followed between 
England and France, for possession of the North-wes¬ 
tern Territory, as well as the stiring scenes, about the 
time of the Confederation, which nearly dissolved 
this glorious Union ere it was formed, has bound the 
states of the north-west together in history, and the 
batling together, side by side, of its sons, in the Indian 
wars which followed the Revolution, and in the equal¬ 
ly savage war of 1812, has produced a community of 
feeling, which aided by a community of interest, has 
bound the north-west together with a bond of affection 
more durable than bars and bolts of triple steel. It is 
a glorious country, of which its citizens are justly 
proud, and a glorious people inhabit it. In peace, they 
are quiet, orderly and industrious, and love the Union 
with the fondness of a child for its mother—in war, 
they have proved that devotion on many a stricken 
field, and have ever been famed, as solders, for cool col¬ 
lected courage in the hour of danger, and for a patriot¬ 
ic devotion, worthy of all praise. 

While the people of the west yield none of the love 
they bear to the whole Union—while they regard the 
men of Maine aud the men of Louisiana as brothers 
in the great republican family, yet instinctively, and 
almost without knowing why it is so, the men of the 
north-west, though seperated by thousands of miles, 
meet, and each to the other gives a warmer grasp, a 
kinder feeling, than is given to the men of other parts. 
This perhaps should not be so, but so it island we can 
only account for it as we account for the same feeling 
in families. The children nearest of age—those who 
have grown up together, and played upon the same 
green, or sported in the same woods, protecting and de- 























34 


THE NEW CONSTITUTION. 


fending and sharing each other’s dangers, have the 
same feeling. They regard the eider male members of 
the family as brothers, but when age begins to sprinkle 
the brow, the term my brother, is applied with more of 
heart felt feeling, when speaking of the playmate of 
our childhood, than to any others of the same family. 
Such is the relation the men of the north-west stand 
each to the other, and as long as history tells its tale of 
dangers shared and dangers braved—as long as the men 
of the west love to tell and to linger over its wild and 
6tiring legends, so will it continue to be. 

The country of which we write, embraces the states 
of Ohio, Indiana, Illinois, Michigan and Wisconsin, 
and a portion ef the new territory of Minesota. The 
“Books” tell us, and we ourself aided in the error, in 
the first No. of “The New Constitution,” in not cor¬ 
recting itj as we intended, ■.that Iowa too belonged to 
this territory. But such, we are sorry to say, is not 
the fact, though regarded as of the same family, and 
with much of the same feeling. Her territory was ac¬ 
quired by the purchase of Louisiana, and being for a 
time attached to Wisconsin, for territorial purposes, led 
to the error of which we speak. 

Commencing at the Pennsylvania line, at its most 
southern point in the Ohio river, the old line of the 
North-western Territory followed the line of Penn¬ 
sylvania nearly a due north course, until it reached the 
middle of Lake Erie ; thence up the lake, through its 
centre, to the mouth of the straits of Detroit, which 
separates Michigan from Canada. Following these 
straits,to where they head in Lake St. Clair, and through 
that lake, and the straits of the same name, the line 
enters Lake Huron; and for 280 miles keeps its centre, 
until it reaches its head, where the pure and crystal 
waters of Superior dash and pour over the Falls of St. 
Mary (Saut Ste. Marie.) Through the centre of these 
Falls, and through Lake Superior, the line continues, 
until it passes beyond the northern extreme ol Isle 
Royal. From thence it passes up the small stream 
which unites the waters of the Lake of the Woods 
with those of Superior, on the 49th degree of north 
latitude. From thence its course is south, some two 
degrees, passing through Red Lake, until the line strikes 
near Lake Itasca, the head waters of the Mississippi, 
and thence down the Mississippi, and up the Ohio to 
the Pennsylvania line. Its western border rests in 
the michty Mississippi, whose birth it saw in Lake 
Itasca—its northern and eastern line rests in the mighty 
inland seas of the north-west; while its western border 
is laved by that river which the French named par 
excellence, the “ Beautiful!” 

From the southern extreme of Illinois to its most 
northern border, the territory embraced eleven and a 
half degrees of latitude, and from the Ohio river to the 
source of the Mississippi, and the Lake of the Woods, 
embraces 14 degrees of longitude. The area covered 
is 261,682 square miles—the number of acres, one hun¬ 
dred and sixty seven million five hundred thousand.— 


This vast territory was mostly ceded to the United 
Slates by Virginia and Connecticut, whose deeds of 
cession are to-day published, and for many years was 
governed by the Ordinance of 1787, which we this day 
lay before our readers. 

The law for the government of the North-western 
Territory was the subject of much anxiety to Congress 
during the period intervening between the adoption of 
the Articles of Confederation and the ratification of 
the Constitution. Certain conditions, found in the 
deeds of cession, had to be complied with, and they 
were engrafted in the instrument. As early as 1784, 
a committee of Congress, consisting of Mr. Jefferson 
and Messrs. Chase and Howell, drafted an Ordinance 
for this purpose, which was adopted by Congress, but 
was subsequently repealed by the Ordinance of ’87.— 
Of this law we will have occasion to speak hereafter. 
Three years after the passage of the Resolves of 1784, 
the Ordinance of 1787 was presented to Congress, dis¬ 
cussed and adopted, with but one voice (Mr. Yates, of 
New York,) in the negative. The paternity of the law 
is given to Nathan Dane, of Massachusetts, though ma¬ 
ny of its most republican provisions are known to 
have emanated from the same pen that formed the Dec¬ 
laration of Independence. Until Ohio emerged from 
the territorial into a state government, by the adoption 
of a constitution, this Ordinance governed the whole 
north-west, having the binding force of constitutional 
law. It was the last act of the old Confederaiion to the 
north-west, for soon after, the constitution of the Uni¬ 
ted States was adopted, and the old Articles of Confed¬ 
eration thereby annulled. 

The “ Ordinance of ’87,” for by that name it has be¬ 
come familiar as ahousehold word, provided two forms 
of territorial government. The first vested the Exec¬ 
utive, the Legislative and the Judicial power of the 
territory in the hands of the Governor and Judges.— 
They were to make and to publish the laws, unrestrain¬ 
ed by the popular will, and they were to execute them. 
The Governor held the patronage of the territory in 
his hands, having the power vested in him of appoint¬ 
ing all the magistrates and other civil officers which he 
might deem necessary in each county. He had also 
the power to appoint all militia officers under the rank 
of General—officers of that grade being appointed by 
Congress. 

When the territory contained a population of 5000 
free white males of full age, then the people had the 
right to demand the second form of territorial govern¬ 
ment secured them by the Ordinance, and to receive 
in name, if not in fact, the right of electing their own 
law-makers. The representatives to the General As¬ 
sembly were to be elected by the counties or townships, 
every five hundred freemen to elect one representative, 
until the number of representatives should amount to 
twenty-five. A residence of three years and a proper¬ 
ty qualification of 200 acres of land, was necessary to 
qualify a citizen to act as a law-maker, a freehold of 












THE NEW CONSTITUTION. 


35 


fifty acres and two years in the territory was necessary 
to make him a voter. 

The Legislative Council which, with the House of 
Representatives and the Governor, formed the law-ma¬ 
king power, under the second form of territorial gov¬ 
ernment, was to consist of five members, to continue 
in office for five years, unless removed by Congress.— 
They were to be chosen as follows : The Governor 
and the House of Representatives to meet together and 
nominate ten persons, residents of the district, each of 
whom was to be possessed of a freehold qualification of 
five hundred acres of land, and the ten thus selected 
was to be returned to Congress, out of which number 
Congress was to appoint the five members of the Ter¬ 
ritorial Council. The Council thus elected by Con¬ 
gress—the Governor appointed by Congress, and the 
House of Representatives elected by the people, form¬ 
ing the law-making power. When these facts are con¬ 
sidered, and it is known that the Governor had the ab¬ 
solute veto power, it will be seen that, famed asthe 
Ordinance of 1787, is, for the enlarged liberty it is 
claimed to have given the people, yet still doubting 
men’s capacity for self government, it withheld the 
substance, while it gave them but theshadow of power. 

With the Ordinance of 1787, we also lay before our 
readers, as a part of the history of the times, the Or¬ 
dinance of 1784, drafted, as we before stated, byacom- 
mittee of Congress, consisting of Messrs. Jefferson, 
Chase and Howell, and adopted by that body, but 
which never went into effect, being repealed by the 
last clause in the Ordinance passed three years after. 
Differing in toto from an able writer in our own state’ 
who, while admitting that the law of ’84 contained 
some of the principles engrafted in that of 1787, and 
finally established,asserts that thelaw was found too im¬ 
perfect for practical purposes, we have to ask the reader 
to give it a careful examination. No where can we find 
that impracticability, save in the 8th resolve, which re¬ 
quires that on the admission of Ohio into the Union, 
the assent of each particular state, until a sufficient 
number be obtained, is required, and the clause in 
the same resolve which requires the assent of the states 
to an amendment of the Articles of Confederation, 
deemed necessary for the Confederation after new 
states were admitted. If this was deemed impractica¬ 
ble, the objection was done away with before the law 
of 1784 was repealed by the adoption of the Federaj 
Constitution, which amply provided for the contingen¬ 
cy,—the Articles of Confederation being no longer of 
binding force, when the law was blotted out. 

The objection to its conti nance, it strikes us, was of a 
different nature. The theory of men’s capacity for 
self government had been broached, it is true, but had 
not been fairly tested. The law which came from the 
pen of Mr. Jefferson, gave the people of the teriitory, 
by their petition, or on the order of Congress, power 
to establish a temporary government, by choosing the 
constitution and laws of any state, with the power giv¬ 


en to the Territorial Legislature to alter them,—when 
the number of free inhabitants should exceed 20,000, 
then they had the liberty to form a permanent con¬ 
stitution and government for themselves, subject 
alone to the restrictions contained in the law. This law 
regarded man as capable of governing himself, for the 
great man who drafted it recognized the theory, 
which he was among the first to advocate and which 
this government has reduced to practice, in its broadest 
sense. The Congress of 1787 had its doubts and fears, 
and hence it repealed the law drafted by Mr. Jefferson, 
and substituted that drafted by Nathan Dane, of Mass¬ 
achusetts, known as the Ordinance of 1787,—which, 
so far as mere declaration, without corresponding ac¬ 
tion went, is sufficiently republican, but the immense 
power given to the Governor and Judges—the grudg¬ 
ing hand with which it dealt out the power to the peo¬ 
ple to elect representatives, both the elector and the 
elected having to possess a property qualification—the 
refusal to allow the people to elect the Legislative coun¬ 
cil, (which body corresponds with our Senate) and 
though that power was professedly given to the House 
Representatives chosen by the people, yet Congress, and 
subsequently the President, had the choosing of the 
members of the Conncil, for double the number to be 
chosen had to be nominated by the lower house, and out 
of which the requisite number were to be selected— 
the election of the delegate to Congress, by a Legisla¬ 
ture thus constituted, all conspired to show the great 
fears entertained of entrusting the people with the 
power of self-government. 

Gen. Arthur St. Clair was the first Governor, and 
Samuel Holden Parsons, James Mitchel Varnum, and 
John Armstrong were the first judges appointed by 
Congress. The same body commissioned Winthrop 
Sergeant, secretary of the territory- Mr. Armstrong 
declined the appointment of Judge, and [John Cleves 
Symmes was appointed in his place. 

The law of August, 1789, enacted the year after the 
constitution of the United States was adopted, so far 
changed the Ordinance of ’87 as to vest the power of 
appointment given to Congress, in the President of the 
United States, by and with the advice and consent of 
the Senate, and also directed the communications re¬ 
quired to be made by the Governor to Congress, should 
be addressed to the President. 

In July, 1788, Gen. St. Clair, and Judges Varnum 
and Parsons arrived at Marietta, where the seat of Gov¬ 
ernment was first formed, at which place they were 
soon after joined by Judge Symmes, and they proceed¬ 
ed to organize the government. 

The court consisting, as we before stated, of three 
Judges, exercised power over the whole territory, It 
seemed to be a traveling court, having no specified place 
or times for holding its session—its process, criminal 
and civil were returnable to the court, wherever it 
might be. 

In 1798, the territory was found to contain a popu- 






THE NEW CONSTITUTION. 


36 

lation sufficiently large to enable its citizens to demand 
the second form of government to which it was entitled 
under the constitution, md the demand was acceded to. 
The representatives were elected, and assembling in 
pursuance of the proclamation of the Governor, at 
Cincinnati, they proceeded to the selection of ten per¬ 
sons, from whom the President (to whom the power of 
choosing by Congress had been conferred on the adop¬ 
tion of the constitution,) was to choose the five mem¬ 
bers of the council. The 16th of September, 1789, 
was appointed for the meeting of the first territorial 
Legislature. On the day named but one member of the 
council and four of the representatives made their ap¬ 
pearance. By the 24th of September a quorum had 
reported themselves, and the first Territorial Legisla¬ 
ture was organized. Gen. Harrison, then secretary of 
the Territory, at this session was elected the first dele¬ 
gate to Congress, defeating Arthur St. Clair, jr., the 
then Attorney General of the Territory, two votes— 
Harrison receiving eleven votes, St. Clair but nine. 

The Ordinance gave the Governor and Judges the 
power to make laws, but gave them no power to repeal 
them after they were enacted. A law of Congress, 
passed May 8, 1792, supplied the defect, and gave the 
Governor and Judges the right to repeal, with the 
right to enact laws. 

Among the laws enacted by the Governor and Judg¬ 
es, which was repealed by the first Territorial Legisla¬ 
ture, was one which made the citizens of a county lia¬ 
ble for the escape of a man incarcerated for debt. The 
amount for which he was imprisoned was added to the 
taxes assessed and when collected was paid over to the 
judgment creditor. 

In his opening address to the Territorial Legislature, 
Gov. St. Clair expressed a well-founded doubt as to the 
legality of the laws formed and published by the Judg¬ 
es, in which opinion, hesaid, the territorial Judges con¬ 
curred. He recommended, to settle the doubt, their 
re-enaetment. The doubt arose from the fact that the 
Ordinance gave the Governor and Judges the power to 
enact “ such laws of the original states, criminal and 
civil, as may be necessary, and best suited to the cir¬ 
cumstances of the district,” but this power was ex¬ 
ceeded, and entirely new laws formed. On the 22d of 
February, 1805, the entire code of laws thus enacted, 
with a few immaterial exceptions, were repealed. 

The Territorial Legislature adjourned on the 19th 
of December, 1799, after having remained in session 
from the 24th of the preceding September, the day the 
Legislature organized. Previous to the adjournment 
the members issued an address to their constituents, 
congratulating them on the change of their form of 
territorial government, by which a portion of power, 
though small, had been vested in the people’s hands. 

During the session, Gov. St- Clair vetoed eleven bills, 
and refused, under the. power given him by the “ Or¬ 
dinance of ’87,” to return them with his objections— 
his veto being a positive one. The Legislature denied 


this fact, and a quarrel sprung up, on the powers as¬ 
sumed by the Governor, which tended much to embit¬ 
ter the public feeling against him, and heightened the 
popular wish to be rid of the incubus. 

The second session of the Legislature met at Chilli- 
cothe, and the quarrel between the Governor and the 
Legislature was renewed. An argument was drawn 
up and adopted by the Legislature in answer to the 
Governor on the veto power, which was replied to by 
that functionary, who refused to abate a jot or tittle of 
the ground he had taken. The people then began to 
talk about applying for admission into the Union as a 
state. 

The third session of the Legislature met on the 23d 
ef November, 1801. At the previous session 'the sub¬ 
ject of changing the boundaries prescribed by the Or¬ 
dinance, for the states to bo erected in the territory, 
was discussed, but no legislative action was had there¬ 
on. At the third session the subject was brought for¬ 
ward, The object was to make the Scioto river the 
western boundary of the state, A bill inviting Con¬ 
gress to sanction such a change, was introduced in 
the Council and passed that body with but little op¬ 
position, the politics of the members being the same sa 
that of the Governor, who were supporters of Mr. Ad¬ 
ams against Mr. Jefferson, though debared from having 
a vote, in consequence of being a resident of a territory. 

In the House of Representatives, where the friends 
of Mr. Jefferson were only in a small minority, the 
fight on this question was a bitter one. The measure 
passed, the minority entering their protest against it.— 
They also appealed to the people and to Congress, in 
favor of a state with the boundaries marked out in the 
Ordinance. The object of this move was evident to 
those who opposed it. It was to prevent the territory 
from being formed into a state, and failing in that, 
to so arrange its boundaries as to give them and their 
party friends a majority within its borders. To thw r art 
this well laid and partially executed plan, Mr. Thomas 
Worthington, (afterwards Governor of the state and 
Senator in Congress,) was dispatched to Philadelphia, 
where Congress was then in session, to protest against 
it. The administration of Mr. Jefferson had short¬ 
ly before, succeeded in obtaining power by the de¬ 
feat of the elder Adams, and the Congress which deci¬ 
ded this matter was democratic. Those in the Terri¬ 
tory who opposod Gov. St. Clair and were anxious for 
a state government, were of the same political party, 
and Mr. Worthington found but little difficulty in 
bringing the object of his mission to a satisfactory close 
Congress refused to make the change in the boundaries 
asked for by Gov. St. Clair and his friends, and as if to 
mark their conduct with disapprobation, a bill was im¬ 
mediately introduced in Congress to give the people of 
the eastern portion of the North-west Territory the 
right of forming a state constitution and becoming a 
part of the Union, on an equal footing with the other 
states. The bill was passed, and receiving the appro- 









THE NEW CONSTITUTION. 


37 


val of Mr. Jefferson, became the law of the land. The 
bill as introduced and passed, defined the boundaries of 
the new state when formed, as is laid down in the con¬ 
stitution, word for word, except the proviso in relation 
to the southern bend or extreme of Lake Michigan, 
which was inserted by the convention and adopted by 
Congress, and which led to the difficulty between 
Michigan and Ohio in 1835, familiarly known as the 
Toledo war. 

The political friends of Gov. St. Clair complained 
bitterly that Michigan was cut off from them by this 
act, as a transgression of the Ordinance, and they 
charged that the object was to secure the political pow¬ 
er of the state, as soon as formed, for the administration 
of Mr Jefferson. 

The law empowering the people to form a state gov¬ 
ernment was passed and approved on the 30th of April, 
1802, and so anxious were the people to rid themselves 
of the Ordinance of 1787, for its many anti-republican 
requirements, and to rid themselves of Gen. St. Clair, 
who was daily becoming more obnoxious, that we find 
that by the first day of the following November the 
delegates had been elected, and on that day they met in 
convention at Chillicothe and organized, for thepurpose 
of giving a state government to the territory. 

Though a decided majority of the convention were 
Jeffersonian in their politics, yet still there were fede¬ 
ralists, and able men among them, in the convention. 
As we stated in our last, in the article on the constitu¬ 
tion of Ohio, Gov. St. Clair, on the third day of the 
convention, addressed the delegates by permission, and 
in the course of his remarks used language so uncour- 
teous, in denouncing the formation of a new constitu¬ 
tion at that time, that on the next day, when under the 
law providing for the formation of a State government, 
the question was taken : Shall a state constitution be 
formed ? Mr. Cutler, of Washington county, alone vo¬ 
ted in the negative. 

During the canvass for the election of Delegates, so 
strong a feeling had been produced in the public mind 
against those who wished to make the Scioto river the 
■western boundary of the state, though most of the 
members of the previous session of the Legislature 
were candidates for a seat in the convention, yet but 
two of those who voted so to change the boundary suc¬ 
ceeded, while every member but two who voted against 
the proposed change, were rewarded by their constit¬ 
uents with seats in the convention. 

On the 27th of November, the constitution of the 
state was ordered to be engrosed, and two days after it 
was signed by the members, and thus, without being 
submitted to the people for their approval or rejection, 
became the law of the land, and for forty-six years, in 
the absence of a better, has governed Ohio, and thus 
the state was born. 

The delegates in baptizing the state, gave it the 
name of the beautiful river, which forms its eastern and 
southernboundry. On the 19th of February, 1803, Con¬ 


gress recognized the new state, by the passage of a law 
“to provide for the due execution of the laws of the 
United States, within the State of Ohio,” and on the 
4th day of July, 1803, another star was placed upon the 
national flag, Ohio making the seventeenth in that glo¬ 
rious constellation, the number of which is now swell¬ 
ed to thirty, with a reasonable prospect of a speedy 
increase in the great family of the Union. 

We have thus traced Ohio and the North-west, from 
its discovery, through the stormy period of the confed¬ 
eration, which we noticed more particularly in the last 
number, down to the birth of our state, now the third 
in the Union. 

The constitution, it will be seen, w r as hurried 
through the convention, we had almost said in hot 
haste, and certainly without due deliberation. In 
comparison with the Ordinance of ’87, its sections show 
vast progress in the rights of man. The Ordinance gave 
thb Governor almost kingly power—the constitution 
stripped him of all power, save that of sending a message 
to the Legislature and pardoning convicts. The Ordi¬ 
nance gave little or no power to the Legislature, because 
one of its branches were elected by the people—the con¬ 
stitution, as if determined that the state government 
should be as little like that of the territorial govern¬ 
ment as possible, heaped power on the Legislature, 
which it is now the province of wisdom to wrest from 
the General Assembly and to give it back to the people 
to whom the power rightfully belongs, and this can 
only be done by the calling of a convention to remodel 
the constitution, as recommended at the recent session 
of the Legislature. 

Alabama. 

Election of Judges by the People. —By a joint 
resolution of the last Legislature of Alabama this ques¬ 
tion was submitted to a vote of the people at the next 
August election in that state, and we have little doubt 
that their decision will be in favor of the proposed re¬ 
form. The plan works well in Mississippi and else¬ 
where, and is destined ere long, we think, to prevail in 
most of the states of this confederacy. The wonder to 
us is, that the people have not heretofore claimed their 
rights upon this and other questions of like import.— 
If the American people are cnpableof self-government 
—if capable of electing suitable men to be legislators 
in national and state councils, Governors, &.C., why not 
allow them to elect their judges ? This they do now 
through the Legislature, and it would seem strange if 
they lacked the wisdom to that well, directly, which 
they are admitted as capable ofdoingindirectly, through 
their representative public servants. In fact, we know 
of no good reason why the people of this country may 
not and ought not to elect all their civil officers, from 
the President of the United States down to a town bai¬ 
liff. All political power belongs to them in the Repub- 
lie, and it is a mockery to say that it is inexpedient for 
them to exercise that power in the simplest manner pos¬ 
sible. 

The New Constitution. —We have just received 
the 1st number of the above publication, by Col. Me 
dart, of Columbus. It is work of the first merit, and 
we do hope that many of our readers will call and ex¬ 
amine it, and let us send on their names for acopy each. 
—Lebonon Thought <5* Eagle. 








38 


THE NEW CONSTITUTION. 


Written for the New Constitution. 

The New Constitution and Legal Reform. 

THE BURTHEN OF TAXATION, PAYMENT OF STATE DEBTS, &C_ 

The people desire to amend the constitution of the 
state, in order that they may, if possible, devise ways 
aud means by which they may be relieved from the im¬ 
mense burthen of taxation which now presses upon 
them, and which has become so grievous. There is a 
remedy for this evil, and they only wish for an opportu¬ 
nity to apply it in the re-organization of that instru¬ 
ment. 

For what purposes and objects ought the people to be 
taxed? 

To this question every one will readily answer, to 
pay their officers for the services rendered by them in 
the administration of the government, and the execu¬ 
tion of the laws and all necessary expenses attending 
the same. For these purposes the people are willing to 
be taxed, and in the formation of the state government 
had no thought of ever being taxed for other objects. 
They never for a moment supposed that the Legisla¬ 
ture would dare overstep the bounds of the constitution 
and raise up other objects for taxation, of which they 
had no idea when they framed that instrument; yet it 
is the fact that it has been frequently done, and experi¬ 
ence has shown that that instrument is considered by 
them as blank paper when they wish to accomplish an 
end prohibited by it. And in no case is this more pal¬ 
pable and direct than in that in which the Legislature, 
disregarding the wishes of the people, assumed to them¬ 
selves the power to create a slate debt, and exercised 
that power, thereby entailing upon us the present 
heavy system of taxation—I say assumed to themselves 
the power, because there is not a clause in the constitu¬ 
tion which either directly or indirectly confers upon 
them such a power; on the contrary, they are expressly 
prohibited from exercising powers not mentioned in that 
instrument—yet in the face of all this, and in opposi¬ 
tion to that clause of the Constitution of the United 
States which provides, “that no state shall emit 
bills of credit,” have the Legislature saddled upon the 
people of this state a public debt amounting to $19,- 
233,487, being a yearly interest of $1,103,509. Such 
an outrage upon the rights of the people, and such a 
disregard of the fundamental laws of the land has not 
a parallel in the history of any nation. It is the year¬ 
ly payment of this interest which is so grievous to the 
people; yet if this be such a grievance, how much 
greater will be the grievance of paying the principal 
when it becomes due? This debt must be paid or re¬ 
pudiated, and it will not be long before the people will 
have to choose which they will do; that they will re¬ 
pudiate it I will not for a moment suppose—their sense 
of honor and justice would never permit it. It must 
therefore be paid, and ways and means must be devised 
for its payment. Before what body of men then is it 
better fitted that this subject should come than the peo¬ 
ple in convention? That people whose confidence the 
Legislature have so outrageously abused in order to car¬ 
ry out the visionary schemes of internal improvements 
and reward party favorites—that people whohave to bear 
the burthen of legislative folly in this matter and foot 
all the bills. No fitter body can be found for this work, 
or a more proper time for its commencement. This con¬ 
vention, whilst considering the ways and means of pay¬ 
ing for the past folly of their servants on one hand, will 
also on the other hand have an opportunity afforded 
them of devising ways and means for the prevention of 
its recurrence. 

The expenses of administering the state government, 
unconnected with the state debt and other matters not 
strictly connected with the government, is astonishing¬ 
ly small ; it is such as the people intended it should be, 


in order to avoid the evils of taxation. An examination 
of the Auditor of State’s report for the year 1847-8, 
will show for that year that the total amount of ex¬ 
penditures for the benefit of the government strictly, 
including the expenses of the Legislature, and the sal¬ 
aries of all the officers, only amounted to the sum of 
$210,000. This maybe safely taken as the maximum 
of the expenses of the state government where it is un¬ 
connected with a state debt, internal improvements, 
and a number of other matters which are not essential 
to its administration. Connecting the administration 
of the state government with internal improvements, 
the state debt, &c., and wo have by the same document, 
for the total expenditures of the government for the 
same year, the enormous sum of $2,397,605. Deduct 
the one from the other, and we have the sum of $2,- 

187.605, which amount, so far as the purposes of gov¬ 
ernment or benefit to the people is concerned, is en 
tirely thrown away. It is also the difference between 
the expenditures of the government as designed by the 
people, in the constitution, and the expenditures of the 
government, under bad legislation, and an utter disre¬ 
gard of the will of the people. Had the government 
of the state been confined strictly to the limits assigned 
it by the constitution, and created no state debt, the 
peoplewould only have toraise yearly for its support the 
sum of $210,000, instead of the enormous sum of $2,- 

397.605, which they are now compelled to meet. This 
is a difference in the expenses of the state government 
which will be fully appreciated by every tax payer in 
the state, and will be considered a sufficient stimulant 
to induce them to bring the state government in its ad¬ 
ministration back to the rules prescribed for it in the 
constitution, and at the same time throw about it such 
guards and restrictions as will in future prevent the 
Legislature from violating these rules. 

MARCUS. 


Written for the New Constitution. 

Dayton, May 14th, 1849. 

Col. Medary.' — Dear Sir: The second number of 
your new and valuable publication has reached us, well 
filled with interesting matter, amongst which, I noticed 
particularly, an able article, signed “Progress,” from 
the Kalida Venture. 

To the general tone of that communication I yield a 
hearty approval. The writer’s mind seems to be imbu¬ 
ed with that bold spirit of innovation, which, when 
guided by high and comprehensive intelligence, gives 
to all great political reforms the true importance and 
grandeur with which history invests them. 

But among the many valuable suggestions in that 
article, I approve, there is one which I must most un¬ 
qualifiedly condemn. I refer to that which recom¬ 
mends that “all qualifications of voters, except resiliences 
and sufficient, age, ought to be abolished.” 

It may be that I misconstrue the import of this lan¬ 
guage, but I take it to mean, in plain words, that all 
persons of sufficient age, and lawful residence, without 
distinction of color, should be permitted to vote. 

It will be admitted that a high standard of general in¬ 
telligence and virtue is of the very highest importance 
to the prosperity of every free State. This mass of vir¬ 
tue and intelligence is the very life-blood of every pros¬ 
perous and healthy community. It should be contin¬ 
ually subjected to purifying processes, instead of being 
infused with any thing to vitiate it. 

To give the negro population of this State, which, by 
the way, is continually increasing in numbers, the 
right of suffrage, would be a vitiation at which our bo¬ 
dy politic, would revolt, and which would, if carried out, 
lead to the most disgraceful and disastrous consequen¬ 
ces. 










THE NEW CONSTITUTION. 


39 


It is unnecessary to adduce any arguments against 
a projected reform of this kind. The public mind of 
Ohio would recoil with indignation from any thing of 
this sort. There is a sentiment which sways the bo¬ 
som of ninety-nine hundredths of the people of this 
State, that would rebel at once, against such a proposi¬ 
tion. The people of New York, among whom are 
fewer negroes, in proportion, than there are among us, 
refused to introduce such an article into theirnew Con¬ 
stitution, by a majority of more than 50,000 votes. 

To say nothing of the disastrous results which 
would most certainly follow such a provision, by reason 
of our proximity to Virginia and Kentucky, slave states, 
it is only necessary to say that the only hope which the 
opponents of the Convention have, in this section of 
the State, is, by getting the impression abroad among 
the people, that if they vote fora Constitution,there will 
bean effort, and perhaps a successful one, made to al¬ 
low negroes the right of suffrage. 

Ido not fear any such result. I have not the most 
remote idea that anything like a respectable effort will 
be made to introduce any such provision. I was sur¬ 
prised to see it among the many wholesom and valua¬ 
ble suggestions as those which the intelligent corres¬ 
pondent of the Kalida Venture has presented to the 
public. 

There is one other thing which I think •‘Progress” 
should have introduced into the list of his “amend¬ 
ments.” This relates to our present system of pun¬ 
ishment of criminal. 

I wish to embrace some future opportunity to sub¬ 
mit a few considerations on this, in my view, highly 
important topic. 

These lines, written in haste, you may, if you see 
proper, insert in the next, or some future number of 
your publication. Respectfully, 

Your friend, 

MONTGOMERY. 

AN ACT requiring all moneys receivable from customs 
and from all other sources to be paid immediately in¬ 
to the treasury without abatement or reduction, and 
for other purposes. [Approved March 3, 1849.] 

Be it enacted by the Senate and House, of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, Thatfrom and after the thirtieth day of June.eigh- 
teen hundred and forty-nine, the gross amount of all 
duties received from customs, from the sales of public 
lands, and from all miscellaneous sources, for the use 
of the United States, shall be paid by the officer or agent 
receiving the same into the treasury of the United States 
at as early a day as practicable, without any abatement 
or deduction on account of salary, fees, costs, charges, 
expences, or claim of any description whatever provided, 
That nothing herein contained shall be construed to al¬ 
ter the existing laws regulating the collection of the 
revenues of the Post Office Department. 

Sec. 2. And be it further enacted, That so much money 
as may be necessary for the payment of debentures or 
drawbacks, bounties and allowances, which are or may 
be authorized and payable after the day aforesaid, be and 
the same are hereby appropriated for that purpose out 
of any money in the treasury, to be expended under 
the direction o the Secretary of that department, ac¬ 
cording to the laws authorizing said debentures ordraw- 
backs, bounties and allowances: Provided, That the col¬ 
lectors of the customs shall be the disbursing agents to 
pay the aforesaid debentures, drawbacks; bounties, and 
allowances: and that all debenture certificates issued ac¬ 
cording to law shall be received in payment of duties at 
the custom house where the same has been issued, the 
laws regulating drawbacks having been complied with. 

Sec. 3. And be it further enacted , That it shall be the 
duty of the Secretary of the Treasury to submit to Con¬ 


gress, at the commencement of the next regular session* 
estimates of appropriations which may be required to 
provide for the expenses of collecting the revenue from 
customs, and also from the public lands for the second 
half of the next fiscal year, and separate estimates for 
the said purpose for the year ending the thirtieth June, 
eighteen hundred and fifty, and similar estimates from 
year to year thereafter. 

Sec. 4. And be it further enacted, That so much mon¬ 
ey as maybe necessary to pay the expenses of collec¬ 
tions referred to in the next preceding section, includ¬ 
ing the first half of the next fiscal year,and until speci¬ 
fic appropriates for the objects shall be made by Con 
gress, be and the same are hereby appropriated, out of 

any money in the treasury, to be expended after the thir¬ 
tieth June, eighteen hundred and forty-nine, under the 
direction of the Secretary thereof, conformably to law 
and regulation: Provided, That the expenses of collect¬ 
ing the revenue from customs shall not thereafter exceed 
the sum of one million five hundred and sixty thousand 
dollars per annum, together with such sums as under 
the law are paid into the treasury drayage, cartage, la¬ 
bor, and storage, and in proportion for a less time. 

Sec. 5. And be it further enacted, That from and af* 
ter the thirtieth day of June next all imports subject to 
duty and whereon the duties are not paid when as- 
sesed shall be deposited in the public warehouse, from 
whence they may be taken out lor immediate exporta¬ 
tion under the provisions of that act, at any time with¬ 
in two years, and on payment of the duties may be 
withdrawn for consumption within the United States 
at any time within one year; but no goods subject to 
duty shall be[hereafter entered for drawback, or exported 
for drawback, after they are withdrawn from the cus¬ 
tody of the officers of the customs: Provided, however. 
That nothing herein containing is intended to modify 
the laws relating to export of goods to Canada or Chi¬ 
huahua, if the goods when entered for export are imme¬ 
diately taken out of the United States, nor is it intend¬ 
ed hereby to modify the laws in relation to pickled fish 
or refined sugar. 

Sec. 6. And be it further enacted, That the Solicitor 
of the Treasury, under the direction of the Secretary 
of the Treasury, shall require from all collectors, and 
surveyors acting as collectors, new bonds with sufficient 
sureities, for such sum and in such form as shall be pre¬ 
scribed by said Secretary. The said new bonds to be ta¬ 
ken before the day fixed for this act to take effect. It 
shall be the duty of the Secretary ofthe Treasury, at 
the commencement of each session of Congress, to re¬ 
port to each house a statement or statements, present¬ 
ing the amount of money expended at each custom¬ 
house in the United States, during the fiscal year next 
preceding, and also the number ot persos employed, and 
the occupation and salary of each person at each of the 
said custom-houses during the period aforesaid. 


Vancouver's Island. —It is stated that the British 
Government has determined on forming an extensiv 
depot and Naval station at Vancouver’s Island, in the 
Pacific. The natural advantages of the position are 
said to be very great, and the Island abounds with coal. 
The only drawback is the rule of the Hundson s Bay 
Company. This is the island said to be so valueless, 
when the Oregon dispute was the all engrossing sub¬ 
ject. 


Important Custom House Decision.— Judge Wood¬ 
bury, in a recent case tried in the U. S. Portland, de¬ 
cided that the Inspectors of the Revenue were entitled, 
as informers, to one-fourth of the seizures made by 
them. 















40 


THE NEW CONSTITUTION. 


Another Witness in Behalf of a Convention. 

Isaiah Morris, Esq., an old and leading politician of 
Clinton county, takes a bold and manly stand for a 
Convention now —now is the time- Mr. Morris but a 
few years since was himself a memberof the Ohio Sen¬ 
ate and his views are deserving of attention. 

There is one thing the friends of a New Constitution 
should not neglect, if they desire to see a full and suc¬ 
cessful vote. Mr. Morris alludes to one branch of this 
subject—we mean the excitement attempted to be crea¬ 
ted against a Convention, because there is danger of 
introducing slavery into Ohio. This is to create alarm 
and opposition to a convention amongst the anti-slave¬ 
ry men of the State. This is an old story of the past 
age—we recollect of such an objection some twenty- 
five years ago, when the subject of a convention was 
agitated, but we hoped no one would venture on 
such grounds now to create opposition to the meas¬ 
ure. 

The other branch of the same movement has 
been more publicly broached, but it is to operate upon 
another class of voters—it is, that if a convention is 
voted for, so far from introducing slavery, the blacks 
will be admitted to vote, &c. This is playing vari¬ 
ous changes to startle the public mind and gain strength 
for a bold public organization against any change 
whatever in the Constitution. But how absurd is ei¬ 
ther of these propositions. In the first place we do 
not believe that there can be one delegate elected in 
Ohio, orbegin tobe elected, favorable.to the introduction 
of slavery in Ohio. Can one such man be found bold 
enough to avow it? In the second place all the pro¬ 
visions relative to the colored population, where distinc¬ 
tions have existed, will most unquestionably be refer¬ 
red to the people themselves for a direct vote. This 
is, auu has been, the practicein all the other States; and 
if not done in Ohio the whole Constitution would be 
indignantly rejected: For the Freemen of Ohio are not 
to do in future w ith fewer privileges and aubmit to less 
deference and respect than those other States. 

Away then, we say, with all such idle clamor, put 
forth for other purposes than appear on their face and 
we are glad that Mr. Morris has thrown the weight of 
his years and judgment against such opposition to a 
Convention. We commend his course toothers. 

This letter, which we find in the Clinton Republican, 
was not written after the call on th& people for their 
votes for or against a Convention was passed, but was 
written to a member of the Legislature when the meas¬ 
ure was in great doubt, if not supposed lost beyond 
hope: 

Wilmington, February 12, 1849. 

Dkar Sir: I received your favor of 6th instant, and 
please accept my thanks for the information com¬ 
municated. You ask my opinion on the subject of cal¬ 
ling a convention to amend the Constitution of the 
State. I have been fully convinced of the propriety of 
amending the Constitution for several years, and daily 
experience in the administration of the State govern¬ 
ment more fully confirms me in my opinion. It would 
be with great precaution that I would lay my hand on 


that time-honored instrument to make any alteration 
in its features, being the work of as honest, upright 
and reliable men as ever met in Convention for a simi¬ 
lar object. Yet the unparalled increase of population 
and improvements of the State since the adoption of 
the Constitution, renders it necessary that correspond¬ 
ent pvovisions should be made in the fundamental law 
of the land. The garment is made of excellent mate¬ 
rial, but we have grown too large for it. In my opin¬ 
ion salutary amendments in some prominent features 
of the Constitution might be made. 

“1. That the Legislature meet biennially instead of 
annually, whereby one-half the expenses of Legis¬ 
lation would be saved to the people, and sufficient time 
afforded to test the utility of any law, before the next 
Legislature would convene: whereas, at present the 
laws are hardly promulgated before a succeeding Leg¬ 
islature is elected. 

“2. Our Judiciary ought to be newly modelled, giv¬ 
ing to the Supreme Court (the dernier resort of the 
citizen,) more time for deliberation, and the jurisdic¬ 
tion of the inferior Tribunals divided, cieating a Pro¬ 
bate Court to take cognizance of all Testamentary 
matters relating to deceased persons. In a word, I 
believe the Judicial department might be so organized 
as to administer justice with less delay and less expense 
to the community. 

“3. Make most of the offices now filled by appoint¬ 
ment of the Legislature elective by the people. This 
provision I think, would have a very salutary effect in 
two points of view, by giving to the people officers of 
their own selection, and prevent the intrigue and man¬ 
agement in the Legislature to get officers of the polit¬ 
ical complexion of which the Legislature may happen 
to be at the time; regardless of the wishes of thecounty 
or district for whom they have to officiate. I will name for 
instance the Associate Judges and Clerk of the Court 
of Common Pleas. The people are fully as capable of 
making a selection of Associate Judges as the Legis- 
latue, and as well qualified to select a Clerk of the 
Court of Common Pleas as the Associate Judges are, 
and furthermore, less legislation would be required. It 
has been often said, and I think with propriety, that 
‘excess of legislation is the bane of the country.'' 

‘•Now, as to objections urged against calling a Con¬ 
vention by some: It is said there is too much excite¬ 
ment in the public mind, and too many issues before 
the people. I do not perceive that there are any more 
issues before the people at present than there has been 
for twenty years past, nor will there be for some time 
to come. The Presidential election has just passed, 
and there will not probably be much excitement on 
that subject for two or three years to come. Appre¬ 
hensions are entertained by some that possibly negro 
slavery might be incorporated into our system,—the 
celebrated Ordinance of 1787, you know, settles that 
question, and making assurance doubly sure on that 
point, the. practical operation of our system for so many 
years, resulting in our unexampled prosperity, com¬ 
pared with our neighbor slaveholding States, will stand 
out in bold relief. I do conceive an amendment to 
the Constitution indispensible, and viewing the subject 
in every aspect presented to my mind, I am led to the 
conclusion that the present is as propitious as any peri¬ 
od hereafter will probably be, for submitting to the 
people this important subject, believing that we would 
be safe in trusting them with the high prerogative of 
modelling a Constitution for themselves and posterity. 

“I submit the foregoing crude remarks, penned with¬ 
out regard to method, and if they will be of any value 
to you, or cast any light on the subject not before pre¬ 
sented to your mind, 1 am gratified. 

With sentiments of high regard, yours truly, 

ISAIAH MORRIS.” 





THE NEW CONSTITUTION. 


4l 


Written for the New Constitution. 

The Law of Security—The Rights of Wo¬ 
men. 

Mr. Editor : I was much pleased with No. one of 
your “ New Constitution.” If it holds out even unto 
the end, as it commenced, it will be not only one of 
the ablest but the most useful publication, ever com¬ 
menced in the west. Correspondents are invited to its 
columns to the discussion of principles sought to be en¬ 
grafted in the new constitution. This invitation I have 
availed myself of, and I have chosen as the theme of 
my first communication, and perhaps rny last, the 
“ law of security,” and as connected therewith, “ the 
rights of women.” It is a subject upon which I 
have bestowed some thought—the conclusions are those 
to which I have honestly arrived, but whether it be one 
which will catch the popular breeze, or from its start¬ 
ling innovation will be regarded more as “ vox Diabo- 
li,” than “ vox Dei, —the voice of a Devil, rather than 
that of a God—remains to bo seen. From its com¬ 
mencement to the present time—from the Alpha of its 
existence to what I hope will soon be its Omega, the 
law of security is wrong—wrong in theory and unjust 
in practice. The classical world looks back to the 
day8 of the tyrant Dionysius, and holds his name in 
horror, because he held tile person of Pythias in bond¬ 
age as security for the appearance of his friend Da¬ 
mon—Pythias agreeing to subject himself to the death 
penalty in case Damon overstaid his time, or failed to 
appear. They who so execrate the Syracusean tyrant 
for this act, do not remember, or else remember but to 
forget, that we have laws, not sanguinary ones it is 
true, which carry out thesanie unjust principle. These 
laws are the laws of security—laws which make one 
man liable for the debts of another. 

John wishes to purchase a horse, but has not the 
means, or wishes to use his money for some other pur¬ 
pose. Thomas has a horse which he has no further use 
for, and is willing to sell at an enhanced price, but ex¬ 
acts security. John goes to his neighbor, Peter, a good 
easy soul, who is reported well to live, and gets him to 
indorse a note payable at 60 or 90 days, for 75 dollars. 
Phis he gives for the horse. By the time pay day 
comes round, and John having no property, the horse 
being dead or disposed of, is unable to pay. Suit is 
commenced, and Peter, who never received one cent of 
benefit from the transaction—who never even borrow¬ 
ed the horse for a Sunday jaunt, has judgment entered 
against him, and his property is taken and sold to pay 
the debt and the costs, and his family suffers. And 
this is law, but is it justice ? 

Again : The law imposes taxes, and the law provides 
that these taxes shall be collected by a county treasu¬ 
rer, who, before entering upon the duties of his office, 
shall give bond with good and sufficient sureties. A is 
elected to the responsible office, and B and C are his 
friends and go his security. The state holds the trea¬ 
surer responsible for the money until it is paid into the 
State Treasury. A is unfortunate or dishonest—the 
money is stolen, or it is squandered, and A, in either 
case, is unable to replace it. B and C are responsible. 
Their farms or their work-shops—their homestead is 
taken from them and sold by the sheriff, and their fam¬ 
ilies turned houseless and homeless upon the world, a 
monument of the justice (save the mark !) of the law. 

And still again : D is arrested for crime, and held to 
bail for his appearance at court. E and F believe him 
innocent, and sign the bond, binding themselves in the 
sum of $1000 for the appearance of D at the proper 
time to take his trial. D knowing that he will becon- 
v icted, leaves the country, and his name being called 
by the crier and no answer being given, the court de¬ 
clares the bond forfeited,and E and F are sued upon it. 


Their personal property is first exhausted, then the 
homestead follows, and by the time the costs are added, 
the $1000 become $1500, and the sureties of D are 
stripped of every thing, save the pittance the law al¬ 
lows them. Their families are compelled to leave the 
home, of their youth—the wife leaves the happy home 
no longer hers, where her children were born, to again 
in age wrestle with the world, and in poverty to close 
her days, because the law made the property of herself 
«nd husband answerable for the escape of a scoundrel. 

But what substitute do you propose? asks, with an 
air of triumph, one who opposes this innovation. This 
question is no stumbling block, for he who would pro¬ 
pose to pull down a system long engrafted into our 
laws, without being prepared to rear a better in its 
stead, is no reformer. 

In the first case cited, the man who disposes of his 
property should look alone to the purchaser for pay, 
for better, far better is it, that he who disposes of prop¬ 
erty that he does not need, or disposes of it an en¬ 
hanced price, should run the risk, than that that risk 
should ue incurred by a third person, who neither" 
bought or sold, or acquired any legal right over the 
property. But then argues the doubter, the surety 
became so of his own free will. Admitting this to be 
true—(and by the bye, it is not true half the time, for 
men generally go security with reluctance)—yet the 
position is not assailed, for there are other parties to the 
contract, who had no part in making it. The wife of 
the surety—she who has toiled, and saved, and pinched 
that something might be laid up for a rainy day—the 
children of the surety, who sees the little that their 
mother has aided in saving, that they might be clothed 
and educated—these become parties to the contract, 
and they it is, nine times out of ten, who are the suf¬ 
ferers. 

In the case we have cited of the officer proving a 
defaulter, (and it is no uncommon case,) the argument 
is still more strong. The state requires the officer to 
collect the taxes, but the state provides no safe in which 
to keep the funds In case of a robbery, the fault is 
in the omission of the law. When the officer uses the 
money, and is unable to replace it, the state and the 
people of the country should bear it, because falling on 
the many, it would be but a feather’s weight in com¬ 
parison to the ruin it would too often cause, were it to 
fall on the securities. The people elected the officer, 
and they should go security for his conduct, and the 
state should bear its proportion of the taxes, because 
the Legislature failed to pass a law to guard against the 
evil. Make the using or loaning of the public money 
by a state or county officer felony, and punish it by 
imprisonment in your penitentiary at hard labor, and 
the refusal or neglect to pay over the money at the. 
proper time, evidence prima facie of guilt, and the race 
of defaulters would run out. If the people, in their 
aggregate capacity, were made to foot the bill, they 
would select better men as officers, and if defalcation 
was mad q felony by law, officers would neitherdare use 
the money entrusted to them for speculation or for 
other purposes. 

In the third case named, that of requiring surety for 
the appearance of a man charged with crime, to answer 
therefor, there is more of difficulty, and the remedy 
harder to find. While this is freely admitted, it is 
claimed with equal truth, that the objection to the con¬ 
tinuance of the law is stronger than in either of the 
other cases cited. The wealthy rogue can buy ex¬ 
emption from justice for any crime save that of mur¬ 
der. lie may rob, by force, virtue of its innocence— 
pistol in hand, he may bid the traveler on the highway, 
stop, with the demand, your money or your life, and 
when arrested he is held to bail. If he fears convic¬ 
tion, he may deposit the amount and go forth again to 










4 2 


THE NEW CONSTITUTION. 


prey upon the world, and commit new crimes. The 
poor man charged with crime, which has to be decided 
by the court, no matter if the offence be a simple as¬ 
sault and battery, committed in knocking down some 
impudent two-legged puppy, for insulting his wife or 
daughter, and being from home, and not having the 
money or friends to secure bail, stands committed, and 
is incarcerated within the jail of the county for safe 
keeping, until indicted and tried for the offence. We 
boast much of our equal laws, our equal justice, but 
like all boasters, we show but the glittering bauble 
on the outside, shutting our eyes to the fact that there 
is rottenness within. The remedy is : bind no man 
over to court without proof sufficient to convict, and 
then hand him over to the sheriff for safe keeping.— 
For minor offences, such as assault and battery, petit 
larceny, &c., give the right of prompt trial by jury, 
before ajustice of the peace, leaving to the jury, with 
their verdict, under the law, to say to what extent pun¬ 
ishment must be inflicted. Then our courts would be 
freed from the mass of criminal business before it, 
which forms so heavy an iiem in the taxes of the peo¬ 
ple—sending persons charged with crime, to court for 
trial, on mere suspicion, would be no longer tolerated, 
and rich and poor, high and low—the man in broad¬ 
cloths and the man in rags, would alike receive justice 
.—the one not being suffered to purchase exemption 
with money, the other not incarcerated because of his 
poverty. Amend the constitution, so that bail shall no 
longer be required, and then sweep from the statute 
book all laws which make one man liable for another, 
and the reform will be complete. 

If this be considered too great an innovation—if the 
masses, those who have the sovereign power in our re¬ 
publican form of government, hold this doctrine too 
startling, or are too much wedded to ancient customs, 
with age, notreason, to recommend them, then a rem¬ 
edy can be had, not as effective it is true, but still a 
remedy that will be productive of much good, and abate 
much of the evil, without touching the constitution in 
this particular. Enact a law by which to render a sure¬ 
ty debt valid in law, the assent of the wife must first 
be had and obtained in the same manner that the as¬ 
sent of the wife is now obtained to the disposal of real 
estate. In the case of real estate, the law recognizes 
the rights of women, and why not in the case of a se¬ 
curity debt, which may sweep her homestead. Then 
if the wife be sent houseless, homeless upon the world, 
because of a security debt, she will know she might 
have prevented it, and this may assuage some of the 
pangs of poverty. 

Reader, before you condemn the reform I advocate— 
before you join in the cry of the interested against it, 
pause but five minutes, and even less will suffice, and 
look around you, and think over the number of your 
acquaintances who have been straitened in their means, 
or reduced to poverty, by being forced to pay debts for 
others, in consequence of laws being enacted, which 
holds one man liable as indorser for debts in the con¬ 
traction of which he never received any benefit. If 
you find none—if you cannot see the evil in your own 
neighborhood, or feel it in your own person, then de¬ 
nounce the reform freely as you may, but if the evil 
has fallen under your own observation—if you have 
seen suffering and misery and rank injustice, as I have 
seen, consequent upon those laws, then go with me *o 
eradicate it, and thus prove yourself in word and deed 
_______A REFORMER. 

Tides ox the Isthmus. —A correspondent of the New 
York Tribune, who writes from Panama under date of 
March 12th, says the tides at that place rise from IS to 
26 feet, while at Chagros, on the opposite side, they on¬ 
ly reach 2% to 3 feet. 


DEEDS OF CESSION. 

Deed of Cession from the State of Virginia. 

To all who shall see these presents, we, Thomas Jef¬ 
ferson, Samuel Hardy, Arthur Lee, and James Monroe, 
the underwritten delegates for the commonwealth of 
Virginia, in the congress of the United States of Amer¬ 
ica, send greeting: 

Whereas, the general assembly of the commonwealth 
of Virginia, at their sessions begun on the 20th day of 
October, 1783, passed an act entitled ‘An act to author¬ 
ize the delegates of this State in congress to convey 
to the United States, in Congress assembled, all the 
right of this commonwealth to the territory northwest¬ 
ward of the river Ohio,’ in these words following, to wit: 

Whereas, the congress of the United States, did, by 
their act of the sixth day of September, in the year 
one thousand seven hundred and eighty, recommend to 
the several States in the Union, having-claims to waste 
and unappropriated lands in the western country, a lib¬ 
eral cession to the LTiited States of a portion of their 
respective claims, for the common benefit of the Union, 
and whereas, this commonwealth did, on the second day 
of January, in the year one thousand seven hundred 
and eighty-one, yield to the congress of the United 
Stales, for the benefit of the said States, all light, title, 
and claim, which the said commonwealth hud to the 
territory northwest of the river Ohio, subject to the 
conditions annexed to the said act of cession. And 
whereas, the United States in congresss asembled, have 
by their act of the thirteenth of September last, stipu¬ 
lated the terms on which they agree to accept the ces¬ 
sion of this State, should the legislature approve there¬ 
of, which terms, although they do not come fully up 
to the propositions of this commonwealth, are conceiv¬ 
ed on the whole, to approach so nearly to them, as to 
induce this State, to accept thereof, in full confidence 
that congress will, in justice to this State, for the libe¬ 
ral cession she hath made, earnestly press upon the oth¬ 
er States claiming large tracts of waste and uncultiva¬ 
ted territory, the propriety of making cessions equally 
liberal for the common benefit and support of the Un¬ 
ion- Brit enacted by the General Assembly, That it 
shall and may by lawful for the delegates of this State 
to the congress of the United States, or such of them 
as shall be assembled in congress,and the said delegates, 
or such of them so assembled, are hereby fuHy autlior- 
ized and empowered, for and on behalf of this State, by 
proper deed or instrument in writing, under their hands 
and seals, to convey, transfer, assign, and make over, 
unto the United States in congress assembled, for the 
benefit of the said States, all right, title, and claim, as 
well of soil as jurisdiction, which this commonwealth 
hath to the territory or tract of country within the lim¬ 
its of the Virginia charter, situate, lying and being, to 
the northwest of the river Ohio, subject to the terms 
and conditions contained in the before-recited act of 
congress of the thirteenth day of September last; that 

is to say, upon condition: 

That the territory so ceded, shall be laid outand form¬ 
ed into States containing a suitable extent of territory, 
not less than one hundred, nor more than one hundred 
and fifty miles square, or as near thereto as circum¬ 
stances will admit: and that the States so formed shall 
be distinct republican States, and admitted members of 
the federal Union, having the same rights of sovereign- 
tv, freedom, and independence, as the other States: 
That the necessary and reasonable expenses incurrec 
by this State, in subduing any British posts, or in main¬ 
taining forts and garrisons within, and for the defence 
or in acquiring any part of, the territory so ceded o 
relinquished, shall be fully reimbursed by the Unite: 
States; and that onecommissioner shall be appointed b 
congress, one by this commonwealth, and another b 














THE NEW CONSTITUTION. 


43 


those two commissioners, who, or a majority of them, 
shall be authorized or empowered to adjust and liqui¬ 
date the account of the necessary and reasonable ex¬ 
penses incurred by this State, which they shall judge to 
be comprised within the intent and meaning of the 
act of congress, of the tenth of October, one thousand 
seven hundred and eighty, respecting such expenses: 
That the French and Canadian inhabitants, and other 
settlers of the Kaskaskias, St. Vincents, and the neigh¬ 
boring villages, who have professed themselves citizens 
of Virginia, shall have their possessions and titles con¬ 
firmed to them, and be protected in the enjoyment of 
their rights and liberties: That a quantity not exceed¬ 
ing one hundred and fifty thousand acres of land, prom¬ 
ised by this State, shall be allowed and granted to the 
then colonel, now general George Rogers Clarke, and 
to the officers and soldiers of his regiment, who march¬ 
ed with him when the posts of Kaskaskias and St. 
Vincents were* reduced, and to to the officers and sol¬ 
diers that have since been incorporated into the said 
regiment, to be laid off in one tract, the length of 
which not to exceed double the breadth, in such place 
on the northwest side of the Ohio, as a majority of the 
officers shall choose, and to be afterwards divided among 
the said officers and soldiers in due proportion, accor¬ 
ding to the laws of Virginia: That in case the quanti¬ 
ty ot good land on the southeast side of the Ohio, up¬ 
on the waters of Cumberland river, and between the 
Green river and Tennessee river, which have been re¬ 
served by law for the Virginia troops, upon continental 
establishment, should, from the North Carolina line 
bearing in further upon the Cumberland lands than 
was expected, prove insufficient for their legal bounties, 
the deficiency shall be made up to the said troops, in 
good lands, to be laid off between the rivers Scioto and 
Little Miami, on the northwest side of the river Ohio, 
in such proportions as have been engaged to them by 
the laws of Virginia: That all the lands within the 
territory so ceded to the United States, and not reserved 
for, or appropriated to, any of the beforementioned 
purposes, or disposed of in bounties to the officers and 
soldiers of the American army, shall be considered as a 
common fund for the use and benefit of such of the 
United States as have become, or shall become mem¬ 
bers of the confederation or federal alliance of the said 
States, Virginia inclusive, according to their usual res¬ 
pective proportions in the general charge and expendi¬ 
ture, and shall be faithfully and bona fide disposed of 
for that purpbse, and for no other use or purpose what- 
soeve: Provided, That the trust hereby reposed in the 
delegates of this State, shall not be executed unless 
three of them at least are present in congress. 

And whereas, the said general assembly, by their res¬ 
olution of June sixth, one thousand seven hundred 
and eighty-three, had constituted and appointed us, the 
said Thomas Jefferson, Samuel Hardy, Arthur Lee and 
James Monroe, delegatesto represent the said common¬ 
wealth in congress, for one year from the first Monday 
in November then next following, which resolution 
remains in full force: Now, therefore, know ye, that 
we, the said Thomas Jefferson, Samuel Hardy, Arthur 
Lee and James Monroe, by virue of the power and au¬ 
thority commstted to us by the act of the said general 
assembly of Virginia, before recited; and in the name, 
and for and on behalf of the said commonwealth, do, 
by these presents, convey, transfer, assign, and make 
over, unto the United States in Congress assembled, 
for the benefit of the said States, Virgi ia inclusive, all 
right, title, and claim, as well of soil as of jurisdiction, 
which the said commonwealth hath to the territory or 
tract of country within the limits of the Virginia char¬ 
ter, situate, lying, and being to the northwest of the 
river Ohio, to and for the uses and purposes and on the 
conditions of the said recited act. In testimony where¬ 


of, we have hereunto subscribed our names and affixed 
our seals, in congress, the first day of March, in the 
year of our Lord one thousand seven hundred and 
eighty-four, and of the independence of the United 
States the eighth. [Signed, <$•<:.] 

Deeds of Cession from the State of Connec- 
ticut. 

I. 

To all who shall see these presents, we, William 
Samuel Johnson and Jonathan Sturges, the underwrit¬ 
ten delegates for the State of Connecticut, in the con¬ 
gress of the United States, send greeting: 

Whereas, the general assembly of the State of Con¬ 
necticut, on the second Thursday of May, in the year 
of our Lord one thousand seven hundred and eighty- 
six, passed an act in the following words, viz: “ Beit 
enacted by the governor, council, and representatives in 
general court assembled, and by the authority of the same, 
That the delegates of this State, or any two of them, 
who shall be attending the congress of the United 
States, be and they are hereby directed, authorized, and 
fully empowered, in the name and behalf of this State, 
to make, execute, and deliver, under their hands and 
seals, an ample deed of release and cession of all the 
right, title, interest, jurisdiction, and claim, of the 
State of Connecticut, to certain western lands, begin¬ 
ning at the completion of the forty-first degree of north 
I latitude, one hundred and twenty miles west of the 
I western boundary line of the commonwealth of Penn¬ 
sylvania, as now claimed by said commonwealth, and 
from thence by a line drawn north, parallel to, and one 
hundred and twenty miles west of the said west line oi 
Pennsylvania, and to continue north until it comes to 
forty-two degrees and two minutes north latitude. 
Whereby all the right, tttle, interest, jurisdiction and 
claim, of the State of Connecticut, to the lands lying 
west of said line to be drawn as aforementioned, one 
hundred arid twenty miles west of the wastern bound¬ 
ary line of the commonwealth of Pennsylvania, as now 
claimed by said commonwealth, shall be included, re¬ 
leased, and ceded to the United States in Congress as¬ 
sembled, for the common use and benefit of the said 
States, Connecticut inclusive.” Now, therefore, know 
ye, that we, the said William Samuel Johnson and 
Jonathan Sturges, by virtue of the power and authori¬ 
ty to us committed by the said act of the general assem¬ 
bly of Connecticut, before recited, in the name and for 
and on behalf of the said State of Connecticut, do, by 
these presents, assign, transfer, quit claim, cede, and 
convey, to the United States of America, for their ben¬ 
efit, Connecticut inclusive, all right, title, interest, ju¬ 
risdiction, and claim, which the said State of Connec¬ 
ticut hath in and to the beforementioned and described 
territory or tract of country, os the same is bounded 
and described in the said act of assembly, for the uses 
in the said recited act of assembly declared. 

In witness whereof, we have hereunto set our hands and 
seals, this thirteenth day of September, in the year 
of our Lord one thousand seven hundred and eigh¬ 
ty-six, and of the sovereignity and independence of 
the United States of America the eleventh. 

WILL. SAM. JOHNSON, [l. s.] 
JONATHAN STURGES, ]l. s.] 
Signed, sealed, and delivered, in presence of 
Cha. Thomson, 

Roger Alden, 

Jas. Mathers. 

IT. 

To all who shall see these presents, I, Jonathan 
Trumbull, governor of the State of Connecticut, send 
greeting: 

Whereas, the general assembly of the State of Con¬ 
necticut, at at their session holden in Hartford, on the 









44 


THE NEW CONSTITUTION. 


second Thursday of May, one thousand and eight hun¬ 
dred, passed an act, entitled “An act renouncing the 
claims of this State to certain lands therein mentioned,” 
in the words following, to wit: “Whereas, the congress 
of the United States, at their session begun and holden 
in the city of Philadelphia, on the first Monday of 
December, in the year one thousand seven hundred and 
ninety nine, made and passed an act, in the words fol¬ 
lowing to wit: 

Sec. 1. That the President of the United States be, 
and he hereby is, authorized to execute and deliver let¬ 
ters patent, in the name and behalf of the United 
States, to the governor of the State of Connecticut, for 
the time being, for the use and benefit of the persons 
holding and claimiug under the State of Connecticut, 
their heirs and assigns, forever, whereby all the right, 
title, interest, and estate, of the United States, to the 
soil of that tract of land lying west of the west line of 
Pennsylvania, as claimed by the State of Pennsylvania, 
and as the same has been actually settled,ascertained 
and run, in conformity to an agreement between the 
said State of Pennsylvania and the State of Virginia, 
and extending from said line, westward, one hundred 
and twenty statute miles in length, and in breadth 
throughout the said limits in length, from the comple¬ 
tion of the forty-first degree of north latitude, until it 
comes to forty-two degrees and two minutes north lat¬ 
itude, including all that territory commonly called the 
Western Reserve of Connecticut, and which was excep¬ 
ted by said State of Connecticut, out of the cession by 
thesaid State heretofore made to the United States, and 
accepted by a resolution of congress of the fourteenth 
of September, one thousand seven hundred and eighty 
six, shall be released and conveyed as aforesaid, to the 
said governor of Connecticut, and his successors in 
said office, forever, for the purpose of quieting the 
grantees and purchasers under said State of Connecti¬ 
cut, and confirming their titles to the soil of the said 
tract of land. 

Provided, however, That such letters patent shall not 
be executed and delivered, unless the State of Connec¬ 
ticut shall, within eight months from passing this act, 
by a legislative act, renounce forever, for the use and 
benefit of the United States, and of the several indi¬ 
vidual States who may be therein concerned, respect¬ 
ively, and of all those deriving claims or titles from 
them, or any of them, all territorial and jurisdictional 
claims whatever, under any grant, charter, or charters 
whatever, to the soil and jurisdiction of any and all 
lands whatever, lying westward, northwestward and 
southwestward, of those counties in the State of Con¬ 
necticut, which are bounded westwardly by the eastern 
line of the State of New York, as ascertained by agree¬ 
ment between Connecticut and New York, in the year 
one thousand seven hundred and thirty-three, except¬ 
ing only from such renunciation the claim of said State I 
of Connecticut, and of those claiming trom or under 
the said State, to the soil of said tract of land, herein 
described uuder the name of the Western Reserve of 
Connecticut. 

And provided, also, That the said State of Connecti¬ 
cut shall, within the said eight months from and after 
passing this act, by the agent or agents of said State, 
duly authorized by the legislature thereof, execute and 
deliver, to the acceptance of the President of the United 
States, a deed, expressly releasing to the United States 
the jurisdictional claim of the said State of Connecticut, 
to the said tract of land, herein described under the 
name of the Western Reserve of Connecticut, and shall 
deposite an exemplification of said act of renuncia¬ 
tion, under the seal of the said State of Connecticut, 
together with said deed, releasing said jurisdiction, in 
the office of the department of State of the United 


States; which deed of cession, when so deposited, shall 
vest the jurisdiction of said territory in the United 
’ States: Provided, that neither this act, nor anything 
contained therein, shall be construed so as in any man¬ 
ner to draw into question the conclusive settlement of 
the dispute between Pennsylvania and Connecticut, by 
the decree of the federal court at Trenton, nor to im¬ 
pair the right of Pensylvamia, or any other State, or of 
any person or persons claiming under that or any other 
State, in any existing dispute concerning the right, ei¬ 
ther of soil or of jurisdiction, with the State of Connec¬ 
ticut, or with any person or persons claiming under 
the State of Connecticut: And provided also, That 
nothing herein contained shall be construed in any 
manner to pledge the United States for the extinguish¬ 
ment of the Indian title to the said lands, or further 
than merely to pass the title of the United States 
thereto. 

Therefore in consideration of the terms, and in 
compliance with the provisions and conditions of 
the said act, Be it enacted, by the governor and coun¬ 
cil, and house of representatives, in general court as¬ 
sembled, That the State of Connecticut doth hereby 
renounce forever, for the use and benefit of the United 
States, and of the several individual States, who may 
be therein concerned respectively, and of all those de¬ 
riving claims or titles from them or any of them, all 
territorial and jurisdictional claims whatever, under any 
grant, charter, or charters whatever, to the soil and ju¬ 
risdiction of any and all lands whatever lying west¬ 
ward, northwestw rd, and southwestward, of those 
counties in the S*jte of Connecticut, which are bound¬ 
ed westwardly uy the eastern line of the State of New 
York, as ascertained by agreement between Connecti¬ 
cut and New York, in the year one thousand seven 
hundred and thirty-three; excepting only from this re¬ 
nunciation, the claim of the said State of Connecticut, 
and of those claiming from or under the said State of 
Connecticut, to the soil of said tract of land, in said act 
of congress described under the name of the Western 
Reserve of Connecticut. And be it further enacted , 
That the governor of this State for the time being, be, 
and hereby is, empowered, in the name and behalf of 
this State, to execute and deliver to the acceptance of 
the President of the United States, a deed ot the form 
and tenor directed by the said act of congress, express¬ 
ly releasing to the United States the jurisdictional 
claims of the State of Connecticut, to all that territory 
called the Western Reserve of Connecticut, according 
to the description thereof in said act of congress, and 
in as full and ample manner as therein is required. 

Therefore, know ye, that I, Jonathan Trumbull, 
governor of the State of Connecticut by virtue of the 
powers vested in me, as aforesaid, do, by these pres¬ 
ents, in the name and for and on behalf of the said 
State, remise, release, and forever quit claim, to the 
United States, the jurisdictional claim of the State of 
Connectiout, to all that tract of land called, in the 
aforesaid act of congress, the Western Reserve of Con¬ 
necticut, and as the same therein under that name is 
particularly and fully desciibed. 

In witness whereof, I have hereunto subscribed my 
name, and affixed my seal, in th«k council chamber at 
Harttord, in the State of Connecticut, this thirtieth 
day of May, in the year of our Lord one thousand 
eight hundjfcd, and in the 24th year of the indepen¬ 
dence of the United States. 

JONATHAN TRUMBULL, [l. s.] 


A Nantucket paper printed in April, says that 200,- 
000 bbls. of oil will reach that port in the course of that 
month. That’s cutting it fat. 









THE NEW CONSTITUTION. 


45 


GOVERNMENT OF TIIE TERRITORY. 
Resolves of the Congress of 1784. for the 

Government of the Northwest Territory. 

Resolved, That so much of the territory ceded by 
individual States to the United States, as is already pur¬ 
chased, or shall be purchased of the Indian inhabitants, 
and offered for sale by Congress, shall be divided into 
distinct States in the following manner, as nearly as 
the cessions will admit: that is to say, by parallels of 
latitude, so that each State shall comprehend from 
north to south two degrees of latitude, beginning to 
count from the completion of forty-five degress north 
of the equator, and by meridians of longitude, one of 
which shall pass through the lowest point of the rapids 
of Ohio, and the other ihrough the western cape of the 
mouth of the Great Kanhaway; but the territory east¬ 
ward of this last meridian, between the Ohio, Lake 
Erie, and Pennsylvania, shall be one State, whatsoever 
may be its comprehension of latitude: that which may 
be beyond the completion of the forty-fifth degree, be¬ 
tween the said meridians, shall make part of the State 
adjoining it on the south; and that part of the Ohio 
which is between the same meridians, coinciding near¬ 
ly with the parallel of thirty-nine degrees, shall be sub¬ 
stituted so far, in lieu of that paraliel, as a boundary 
line. That the settlers on any territory so purchased 
and offered for sale, shall, either on their own petition, 
or on the order of Congress, receive authority from 
them, with appointments of time and place, for their 
free males of full age, within the limits of the State to 
meet together for the purpose of establishing a tempo¬ 
rary government, to adopt the constitution and laws of 
any one of the original States; so that such laws, nev¬ 
ertheless, shall be subject to alteration by their ordina¬ 
ry Legislature; and to erect, subject to a like alteration, 
counties, townships, or other oivisions, for the election 
of members for this Legislature. 

That when any such State shall have acquired twen¬ 
ty-thousand free inhabitants, on giving due proof there¬ 
of to Congress, the)' shall receive from them authority, 
with appointments of time and place, to call a conven¬ 
tion of representatives to establish a permanent con¬ 
stitution and government for themselves: Provided , 
That both the temporary and permanent governments 
be established on these principles as their basis: 

1. That they shall forever remain a part of thiscon- 
federacy of the United States of America. 

2. That they shall be subject to the articles of con¬ 
federation in all those cases in which theoriginal States 
shall be so subject, and to all the acts and ordinances 
of the United States in Congress assembled, conforma¬ 
ble thereto. 

.3. That they, in no case, shall interfero with the 
primary disposal of the soil by the United States in 
Congress assemblep; nor with the ordinances and reg¬ 
ulations which Congress may find necessary for secu¬ 
ring the title in such soil to the bona fide purchasers. 

4. That they shall be subject to pay a part of the 
federal debts contracted, or to be contracted; to be ap¬ 
portioned on them by Congress, according to the same 
common rule and measure by which apportionments 
thereof shall be made on the other States. 

5. That no tax shall be imposed on lands the prop¬ 
erty of the United States. 

6. That their respective governments shall be re¬ 
publican. 

7. That the lands of non-resident proprietors shall 
in no case be taxed higher than those of residents with¬ 
in any new State, before the admission thereof to a vote 
by its delegates in Congress. 

8. That whensoever any of the said States shall 
have of free inhabitants as many as shall be in any one 
of the least numerous of the thirteen original States, 


such state shall be admitted by its delegates into the 
Congress of the United States, on an equal footing 
with the said original States: Provided, The consent of 
so many States in Congress is first obtained as may, at 
that time, be competent to such admission. And in or¬ 
der to adapt the said Articles of Confederation to the 
state of Congress when its numbers shall be thus in¬ 
creased, it shall be proposed to the Legislatures of the 
States, originally parties thereto, to require the assent 
of two-thirds of the United States in Congress assem¬ 
bled, in all those cases wherein, by the said articles, the 
assent of nine States is now required, which being 
agreed to by them shall be binding on the new States. 
Until such admission by their delegates into Congress, 
any of the said States, after the establishment of their 
temporary government, shall have authority to keep a 
member in Congress, with a right of debating, but not 
of voting. 

9. That measures, not inconsistent with the princi¬ 
ples of confederation, and necessary for the preserva¬ 
tion of peace and good order among the settlers in any 
of the said new States, until they shall assume a tem¬ 
porary government as aforesaid, may, from time to 
time, be taken by the United States in Congress as¬ 
sembled. 

That the preceding articles shall be formed into a 
charter of compact, shall be duly executed by the Pre¬ 
sident of the United States in Congress assembled, un¬ 
der his hand and the seal of the United States; shall be 
promulgated, and shall stand as fundamental constitu¬ 
tions between the thirteen original States, and each of 
the several States now newly described, unalterable 
from and after the sale of any part of the territory of 
such State pursuant to this resolve, but by joint 
consent of the United States in Congress assembled, 
and of the particular State within which such altera¬ 
tion is proposed to be made. 

[This Resolve adopted April 23, 1784, the Delegates 
from every State except the two from South Carolina, 
Messrs. Read and Beresford, voting therefor.] ■ 

Ordinance of July 13, 17§7. 

An Ordinance for the government of the Terr itory of the 
United States north-west of the river Ohio. 

Beit ordained by the United States in Congress assem¬ 
bled, That the said territory, for the purposes of tem¬ 
porary government, be one district; subject, however, 
to be divided into two districts, as future circumstances 
may, in the opinion of congress, make it expedient. 

Be it ordained by the authority aforesaid, That the es¬ 
tates, both of resident and nonresident proprietors in 
said territory, dying intestate, shall descend to and be 
distributed among their children, and the descendants 
of a deceased child, in equal parts ; the descendants of 
a deceased child or grand child to take the share of their 
deceased parent in equal parts among them ; and where 
there shall be no children or descendants, then in equal 
parts to the next of kin, in equal degree ; and among 
collaterals, the children of a deceased brother or sister 
of the intestate, shall have, in equal parts among them, 
their deceased parent’s share ; and there shall, in no 
case, be a distinction between kindred of the whole and 
half blood ; saving in all cases to the widow of the in¬ 
testate, her third part of the real estate for life, and one 
third part of the personal estate ; and this law, relative 
to descents and dower, shall remain in full force until 
altered by the legislature of the district And until 
the governor and judges shall adopt laws as hereinafter 
mentioned, estates in the said territory may be devised 
or bequeathed by wills, in writing, signed and sealed by 
him or her, in whom the estate may be, (being of full 
age) and attested by three witnesses ; and real estates 
may be conveyed by lease and release, or bargain and 





4 G 


THE NEW CONSTITUTION. 


sale, signed, sealed and delivered by the person, being 
of full age, in whom the estate nuiy be, and attested by 
two witnesses, provided such wills be duly proved, and 
such conveyances be acknowledged, or the execution 
thereof duly proved, and be recorded within one year 
afLer proper magistrates, courts and registers shall be 
appointed for that purpose ; and personal property may 
be transferred by delivery ; saving, however, to the 
French and Canadian inhabitants, and other settlers of 
the Kaskaskias, St. Vincents, and the neighboring vil¬ 
lages, who have heretofore professed themselves citi¬ 
zens of Virginia, their laws and customs, now in force 
among them, relative to the descent and conveyance of 
property. 

Be it ordained by the authority aforesaid, That there 
shall be appointed, from time to time, by congress, a 
governor, whose commission shall continue in lorcefor 
the term of three years, unless sooner revoked by con¬ 
gress; he shall reside in the district, and have a free¬ 
hold estate therein, in one thousand acres of land, while 
in the exercise of his office. 

There shall be appointed, from time to time, by con¬ 
gress, a secretary, whose commission shall continue in 
force for four years, unless sooner revoked ; he shall 
reside in the district, and have a freehold estate therein, 
in five hundred acres of land, while in the exercise of 
his office ; it shall be his duty to keep and preserve the 
acts and laws passed by the legislature, and the public 
records of the district, and the proceedings of the gov¬ 
ernor, in his executive department; and transmit au¬ 
thentic copies of such acts and proceedings, every six 
months, to the secretary of congress : there shall al¬ 
so be appointed a court, to consist of three judges, any 
two of whom to form a court, who shall have a com¬ 
mon law jurisdiction, and reside in the district, and 
have each therein a freehold estate, in five hundred 
acres of land, while in the exercise of their offices ; 
and their commissions shall continue in force during 
good behavior. 

The governor and judges, or a majority of them, 
shall adopt and publish in the district, such laws of the 
original states, criminal and civil, as may be necessary, 
and best suited to the circumstances ol the district, and 
report them to congress, from time to time ; which 
laws shall be in force in the district until the organiza¬ 
tion of the general assembly therein, unless disapproved 
of by congress; but afterwards the legislature shall 
have authority to alter them as they shall think fit. 

The governor, for the time being, shall be comman¬ 
der in chief of the militia, appoint and commission all 
officers in the same, below the rank of general officers; 
all general officers shall be appointed and commissioned 
by congress. 

Previous to the organization of the general assem¬ 
bly, the governor shall appoint such magistrates and 
other civil officers, in each county or township, as he 
shall find necessary for the preservation of the peace 
and good order in the same. After the general assem¬ 
bly shall be organized, the powers and duties of magis¬ 
trates and other civil officers shall be regulated and de¬ 
fined by the said assembly ; but all magistrates and oth¬ 
er civil officers, not herein otherwise directed, shall, du¬ 
ring the continuance of this temporary government, be 
appointed by the governor. 

For the prevention of crimes and injuries, the laws 
to be adopted or made, shall have force in all parts of 
the district; and for the execution of process, criminal 
and civil, the governor shall make proper divisions 
thereof, and he shall proceed, from time to time, as cir¬ 
cumstances may require, to lay out the parts of the dis¬ 
trict in which ihe Indian titles shall have been extin¬ 
guished, into counties and townships, subject,however, 


to such alterations as may thereafter be made by the le¬ 
gislature. 

So soon as there shall be five thousand free male in¬ 
habitants, of full age, in the district, upon giving proof 
thereof to the governor, they shall receive authority, 
with time and place, to elect representatives trom their 
counties or townships, to represent them in the general 
assembly ; provided, that, for every five hundred free 
male inhabitants, there shall be one representative, and 
so on, progressively, with the number of free male in¬ 
habitants, shall the right of representation increase, un¬ 
til the number of representatives shall amount to twen¬ 
ty-five ; after which the number and proportion of rep¬ 
resentatives shall be regulated by the legislature ; pro¬ 
vided, that no person be eligible or qualified, to act as a 
representative, unless he shall have been a citizen ofone 
of the United States three years, and be a resident in 
the district, or unless he shall have resided in the dis¬ 
trict three years ; and in either case, shall likewise hold 
in his own right, in fee simple, two hundred acres of 
land within the same ; provided also, that a freehold in 
fifty acres of land in the district, having been a citizen 
of one of the states, and being resident in the district, 
or the like freehold and two years’ residence in the dis¬ 
trict, shall be necessary to qualify a man as an elector 
of a representative. 

The representatives thus elected, shall serve for the 
term of two years ; and in case of the death of a rep¬ 
resentative, or removal from office, the governor shall 
issue a writ to the county or township, for which he 
was a member, to elect another in his stead, to serve for 
the residue of the term. 

Tlie general assembly, or legislature, shall consist of 
the governor, legislative council, and a house of repre¬ 
sentatives. The legislative council shall consist of five 
members, to continue in office five years, unless sooner 
removed by congress ; any three of whom to be a quo¬ 
rum ; and the members of the council shall be nomina* 
ted and appointed in the following manner, to wit : as 
soon as representatives shall be elected, the governor 
shall appoint a time and place for them to meet togeth¬ 
er, and when met, they shall nominate ten persons, res¬ 
idents in the district, and each possessed of a freehold 
m five hundred acres of land, and return their names 
to congress ; fi/eof whom congress shall appoint and 
commission to serve as aforesaid ; and whenever a va¬ 
cancy shall happen in the council, by death or removal 
from office, the house of representatives shall nominate 
two persons, qualified as aforesaid, for each vacancy, 
and return their names to congress ; one of whom con¬ 
gress shall appoint and commission for the residue of the 
term. And every five years, four months at least be¬ 
fore (he expiration of the time of service of the mem¬ 
bers of council, the said house shall nominate ten per 
sons, qualified as aforesaid, and return their names to 
congress ; five of whom congress shall appoint and 
commission to serve as members of the council five 
years, unless sooner removed. And the gonernor, leg¬ 
islative council, and houseof representatives,shall have 
authority to make laws, in all cases, for the good gov¬ 
ernment of the district, not repugnant to the principles 
and articles in this ordinance established and declared. 
And all bills, having passed by a majority in the house, 
and by a majority in the council, shall be referred to 
the governor for his assent ; but no bill or legislative 
act whatever, shall be of any force without his assent. 
The governor shall have power to convene, prorogue 
and dissolve the general assembly, when, in his opinion, 
it shall be expedient. 

The governor, judges, legislative council, secretary, 
and such other officers as congress shall appoint in the 
district, shall take an oath or affirmation of fidelity,and 
of office; the governor, before the president of congress 






THE NEW CONSTITUTION. 


47 


and all other officers before the governor. As soon as 
a legislature shall be formed in thedistrict, the council 
and house, assembled in one room,shall have anthority, 
by joint ballot, to elect a delegate to congress, who shall 
have a seat in congress, with a right of debating, but 
not of voting, during this temporary government. 

And for extending the fundamental principles of 
civil and religious liberty, which form the basis whereon 
these republics, their lawsand constitutions areerected; 
to fix and establish those principles as the basis of all 
laws, constitutions and governments, which forever 
hereafter shall be formed in the said territory; to pro¬ 
vide, also, for the establishment of states, and’perma¬ 
nent government therein, and for their admission to a 
share in the federal councils on an equal fooling with 
the original states, at as early periods as may be consist¬ 
ent with the general interest : 

It is hereby ordained and declared , by the authority 
aforesaid, That the following articles shall be consid¬ 
ered as articles of compact, between the original states, 
and the people and states in the said territory, and for¬ 
ever remain unalterable, unless by common consent, to 
wit: ’ 

Art. 1 . No person, demeaning himself in a peace¬ 
able and orderly manner, shall ever be molested on ac¬ 
count of his mode of worship or religious sentiments, 
in the said territory. 

Art. 2. The inhabitants of the said territory shall 
always be entitled to the benefit of the writ of habeas 
corpus, and of the trial by jury ; of a proportionate 
representation of the people in the legislature, and of 
judicial proceedings according to the course of the com¬ 
mon law. All persons shall be bailable, unless for cap¬ 
ital offences, where the proof shall bo evident, or the 
presumption great. All fines shall be moderate ; and 
no cruel or unusual punishment shall be inflicted. No 
man shall be deprived of his liberty or property, but by 
the judgment of his peers, or the law of the land ; and 
should the public exigencies make it necessary, for the 
common preservation, to take any person’s property, or 
to demand his particular services, full compensation 
shall be made for the same. And in the just preserva¬ 
tion of rights and property; it is understood and ce- 
clared, that no law ought ever to be made, or have force 
in the said territory, that shall, in any manner, interfere 
with or affect private contracts or engagements, bona 
fide, and without fraud, previously formed. 

Art. 3. Religion, morality, and knowledge being 
necessary to good government and the happiness of 
mankind, schools, and the means of education, shall 
forever be encouraged. The utmost good faith shall 
always be observed towards the Indians; their lands 
and property shall never be taken from them without 
their consent; and in their property, rights and liberty, 
they never shall be invaded or disturbed, unless in just 
and lawful wars authorized by congress ; but laws 
founded in justice and humanity shall, from time to 
time, be made for preventing wrongs being done to 
them, and for preserving peace and friendship with 
them. 

Art. 4. The said territory, and the states which 
may be formed therein, shall forever remain a part of 
this confederacy of the United States of America, sub¬ 
ject to the articles of confederation, and to such alter¬ 
ations therein as shall be constitutionally made ; and 
to all the acts and ordinances of the United States, in 
congress assembled, conformable thereto. The inhab- 
itantsand settlers in the said territory shall be subject 
to pay a part of the federal debts, contracted or to be 
contracted, and a proportional part of the expenses of 
government, to be apportioned on them by congress, 
according to the same common rule and measure by 
which apportionments thereof shall be made on the 


other states : and the taxes for paying their proportion 
shal be laid and levied by the authority and direction 
of the legislatures of the district or districts, or new 
states, as in the original states, within the time agreed 
upon by the United States, in congress assembled.— 
The legislatures of those districts, or new states, shall 
never interfere with the primary disposal of the soil, 
by the L niteu States, in congress assembled, nor with 
any regulations congress may find necessary, for secu¬ 
ring the title in such soil, to the bona fide purchasers. 
No tax shall be imposed on lands, the property of the 
United States ; and in no case shall non-resident pro¬ 
prietors be taxed higher than residents. 7’lie navigable 
waters leading into the Mississippi and St. Lawrence, 
and the carrying places between the same, shall be com¬ 
mon highways, and forever free, as well to the inhab¬ 
itants of the said territory, as to the citizens of the 
United States, and those of any other states that may¬ 
be admitted into the confederacy, without any tax, im¬ 
post or duty thereof. 

Art. 5. There shall be formed in the said territory, 
not less than three, nor more than five states ; and the 
boundaries of the states, as soon as Virginia shall alter 
her act of cession, and consent to the same, shall be¬ 
come fixed and established as follows, to wit: The 
western state, in the said territory,shall he bounded b\ 
the Mississippi, the Ohio, and Wabash rivers ; a direct 
line drawn from the Wabash and Post Vincents, due 
north, to the territorial line between the United States 
and Canada ; and by said territorial line to the lake of 
the Woods and Mississippi. The middle state shall be 
bounded by the said direct line, the Wabash, from Post 
v incents to the Ohio, by the Ohio, by a direct line 
drawn due north from the mouth of the Great Miami 
to the said territorial line. The eastern state shall be 
bounded by the last mentioned direct line, the Ohio, 
Pennsylvania, and the said territorial line ; provided, 
however, and it is further understood and declared, 
that the boundaries ol these three states shall be 
subject so far to be altered, that, if congress shall 
hereafter find it expedient, they shall have authority to 
form one or two states in that part of the said territory 
which lies north of an east and west line drawn 
through the southerly bend, or extreme of Lake Mich¬ 
igan. And whenever any of the said states shall have 
sixty thousand free inhabitants therein, such state shall 
be admitted, by its delegates, into the congress of the 
United States, on an equal footing with the original 
states, in all respects whatever ; and shall be at liberty 
to form a permanent constitution and government ; 
provided the constitution and government so to Le 
formed, shall be republican, and in conformity to 
the principles contained in these articles ; and, so far 
as it can be consistent with the general interest of the 
confederacy, such admission shall be allowed at an ear¬ 
lier period, and when there may be a less number of 
free inhabitants in the state than sixty thousand. 

Art. 6, 7 here shall be neither slavery nor involun¬ 

tary servitude in the said territory, otherwise than u 
the punishment of crimes, whereof the party shl 
have been duly convicted; provided always, that ar\ 
person escaping into the same, from whom labor orser' 
vice is lawfully claimed in any one of the original 
slates, such fugitive may be lawfully reclaimed, and 
conveyed to the person claiming his or her labor or ser¬ 
vice as aforesaid. 

Be it ordained by the authority aforesaid , That the 
resolutions of the 23d of April, 1784, relative to the 
subject of this ordinance, be and the same are hereby 
repealed, and declared null and void. Done, fee. 


ICPThe world is governed too much. Too much Le- 
j gislation is the bane of all Republics. 











48 


THE NEW CONSTITUTION. 


Aaron Burr—Interesting Revelation. —Mr. Treat, 
of the St. Louis Union, writes from Havana, that he 
has been endeavoring to obtain the permission of the 
Cuba government to inspect the archives of Louisiana, 
which were removed to that Island, and still remain 
there. These documents, among other matter, will 
throw light upon the Burr “conspiracy,” as it has been 
termed. Mr. Treat Writes: 

“It is probable that Spain would suffer no one, ex¬ 
cept a Spaniard, to explore her archives, as the existing 
authorities know not what strange discoveries might be 
made. A year or two ago, the Legislature of Louisi¬ 
ana made an appropriation to procure copies of certain 
documents connected with the history of that state, 
and an agent was sent to Madrid. At first he was de¬ 
nied access to the archives, but availing himself of a 
change in the ministry, he finally succeeded in obtain¬ 
ing the necessary order. The minister, who refused, 
was aware that his father, while envoy to the United 
States, at the date of the Burr conspiracy, seriously 
compromised his character and that of his government, 
and it was feared the records in question might con¬ 
tain the damning proofs. His rival and successor had 
no desire for any concealment of the kind; and 
supposing that a revelation of the family secrets of his 
competitor would prove that the latter had no heredita¬ 
ry claim on Spanish gratitude, admission to the ar¬ 
chives at Madrid, was obtained by the Louisiana agent. 

I have learned by an American gentleman who has 
just arrived here from Madrid, that the search has re¬ 
sulted in the discovery of many important matters, 
throwing light on the Burr conspiracy, and the con¬ 
duct of Gen. Wilkinson. In due time, it is presumed, 
the-public will have possession of these interesting facts. 
At this place no American can gain admission to the 
archives except by bribery. 


Joint Resolution, 

Relative to taking a Vote by the People to amend, the Con¬ 
stitution of the State. 

Resolved by the General Assembly o f the State of Ohio, 
(two-thirds of the members of each House of the Gen¬ 
eral Assembly concurring therein,) That it is necessa¬ 
ry to amend the Constitution of the State of Ohio, and 
we do hereby recommend to the electors, at the next 
election for members of the General Assembly, to vote 
for or against a Convention, agreeably to the provisions 
of the fifth section of the seventh article of the Con¬ 
stitution ; and the Judges of elections held within 
each and every township of this State shall receive and 
transmit with the return of votes given for members 
of the General Assembly, to the Clerk of the Court of 
Common Pleas within their respective counties, a state¬ 
ment of all the votes given within their respective 
townships, for and against a Convention. And the 
Clerks of the Courts of Common Pleas in the several 
counties within this State are directed to include in the 
general abstract of votes given within their respective 
counties for members of the General Assembly, a 
statement of the number of votes given within their 
respective counties for and against a Convention to 
amend the Constitution of this State, and returned to 
their respective offices, and forward the same to the of¬ 
fice of the Secretary of State previously to the next 
session of the General Assembly. 

JOHN G. BRESLIN, 
Speaker of the House of Representatives. 
BREWSTER RANDALL, 

Speaker of the Senate. 

March 23, 1849. 


Medarv’s “New Constitution.” —We have received 
the first numberof this pamphlet. It contains the Con¬ 
stitution of tbs United States, a “statement of the for¬ 
mation of the governments of the several States, and 
of the time they became members of the Union by the 
adoption or ratification of the Federal Constitution, by 
their admission as States, or since the establish¬ 
ment of the Federal Constitution,” and other valuable 
matter. We are glad to see that its pages are free from 
anything of a partisan charactor. 

This pamphlet will continue to be published weekly, 
for six months, at $1; and those who subscribe for it will 
at the end of the six month have a valuable volume for 
future reference, if the first number is a sample of what 
the balance will be.— Marion Eagle. 

PKOSPECTUS 

OF 

THE NEW CONSTITUTION. 

We shall issue, during the summer, a Pamphlet, 
weekly, 16 pages, in form for binding, under the 
title of The New Constitution, commencing about 
the 1st of May next, and to continue six months, ma¬ 
king a work of 400 pages, with a title page and index 
at the close, for reference, for ONE DOLLAR a single 
copy. 

For five dollars seven copies, and for ten dollars fif¬ 
teen copies. Thus ten dollars will purchase 6,000 
pages of close reading matter. 

The work will favor what its name purports, a NEW 
CONSTITUTION, yet it will admit able and well 
written articles on all sides of every question, that those 
who read it may see what is said by all parties. It is 
by this means alone that the people can arrive at a 
sound and just conclusion. We therefore invite all 
writers who desire to treat the subject fairly, as corres¬ 
pondents of THE NEW CONSTITUTION. 

The design of our work is; 1st, to enforce the neces¬ 
sity of a frequent recurrence to first principles—2d, to 
show the importance of the fundamental law corres¬ 
ponding with the growth of our state and the “pro¬ 
gress” of liberal sentiments—3d, the security of natural 
rights by a charter made and adopted by the people 
themselves—the experience of the past developing 
and directing the necessities of the future. 

A total reform in our Judiciary system and the prac¬ 
tice of our Courts. 

The election of ALL OFFICERS BY THE PEO¬ 
PLE! 

No increase of the state debt, except by a vote of the 
people themselves. 

A system of common schools and of education, wor¬ 
thy the age and the state. 

No legislation, but what the people can reform or an¬ 
nul, when found injurious. 

These are a few of the principles, hastily thrown to¬ 
gether, which shall receive the attention of “The New 
Constitution.” 

Long have we looked forward to the time when we 
could perform our duty in a contest of the kind now 
before us, and we enter the lists full of courage and full 
of hope. 

There is a progressing, reforming, radical spirit 
spreading over the civilized world, and let Ohio not be 
the last to partake of the regenerating spirit. 

[UTAH Post Masters are authorized to receive subs¬ 
cription, and act as agents generally. Money always 
in advance. 

EF Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 

EFSubscriptions should be early forwarded, that we 
may have some data by which we can calculate the pro¬ 
per number of the work to begin with. 

S. MEDARY. 










THE NEW CONSTITUTION. 



“power is always stealing from the many to the few.” 


Vol. I. 

Columbus, Ohio, Saturday, May 26, 1849. 

No. 4. 


Postage. —The postage on this work is the same as 
on a newspaper. 


Our Enterprise. 

Were we subject to the effects of flattery, we cer¬ 
tainly might confess its influence on reading the no¬ 
tices of our “New Constitution” from all political par¬ 
ties—whether expressed in the public prints—by com¬ 
munications, or in private letters with the request, 
“please send me a copy.” One, who is now surround¬ 
ed with a good library and the cares of an extensive 
business, writes us, that “when I was a young man of 
18 to 21, I would have given ten times the price for 
such a work, and no young man in the State should be 
without it.” 

It is equally true that a very few editors, for reasons 
best known to themselves, and easily guessed at by 
others, have accompanied their favorable notices of the 
numbers of the work they have seen, with expressions 
that develops anythingbut liberaliiy of feelingor minds 
at ease. These few, we hope, will improve in judgment 
and temper both, as they accompany us further on the 
road of progress. 

In laying down and systematiztng the plan of our 
publication, after issuing the prospectus, we had refer¬ 
ence particularly to making it a record of the most val¬ 
uable collections of material within our reach, as well 
as the developement of principles, bearing upon the for¬ 
mation of a New Constitution for our State. 

We have often felt the necessity of a publication of 
the kind, and in so cheap a form that it could be easily 
obtained; we mean what may properly be called the 
collated part of it. The discussion of principles, mak¬ 
ing up the balance of the work, is but a necessary 
consequence upon our whole form of governments, in 
their frequent “recurrence” to the people for their 
judgment in sustaining the old, or repairing new organ¬ 
ic laws; and hence discussions should be free. 

But says one the work should not be partisan —that 

he formation of a constitution is abovo all party consid¬ 
erations. All very true in the abstract, but if men 
write freely and speak their open and honest senti¬ 
ments, and no others are worthy of publication, they 
will of course bear the character of some leading party. 
As we once heard a person say, in reply to what was 
heterodoxy? “every thing that differs from me in opin¬ 
ion.” So is every thing partisan with some people that 
does not exactly square with their views and advance 
the interest of their particular friends. If it does this> 


the sentiments are honest patriotism and the writer 
far a ove party influences. This is at least too much 
the case, as many will find by closeiy examining them¬ 
selves. Let men write for the sake of principle and 
not party, and there need be no complaint. 

We may in our next, or some future number, collect 
together the various expressions in regard to our pub¬ 
lication and accompany them with such remarks as 
they may seem to call forth, and such as we hope will 
be satisfactory to all our readers. 


The Progress of our Publication. 

In this No. we insert the law of Congress in reference 
to Naturalization. From the great influx of emigrants 
from the old world, seeking a home amongst us, this 
law increases in importance, and its provisions become 
more and more a subject of inquiry. 

Some twenty-five years ago, when we first attended 
the polls in Ohio, every white male “inhabitant,” who 
was 21 years of age and upwards, and who had been in 
the state one year previous to the election, and had 
worked on the roads, was permitted to vote. And un¬ 
til the excited contest of 1828, between John Quincy 
Adams and Gen. Andrew Jackson, we had never heard 
that right disputed, though it may have been in other 
portions of the state, and we believe had been. But un¬ 
til then, if we are not mistaken, the question of right 
had not been settled and acquiesced in. 

There are men iu our state who had been exercising 
the right of suffrage and holding office for years, under 
our state constitution without being" naturalized, who 
were after that period compelled to go through the 
forms of the law or suffer the exclusion of the rights 
of citizenship. 

The states, however, are left to form their own laws 
in reference te the right of suffrage, but as most of 
them, in relation to foreign iinigrants, require the ob¬ 
servance of the United States law upon the subject of 
naturalization, it becomes an object of the first impor¬ 
tance that each one taking up his residence among ns 
to partake of the blessings of liberty, should be ac¬ 
quainted with the law that is to govern him in arriving 
at its fullest enjoyment. 

With these considerations, and with the additional 
view that the subject of naturalization may be in some 
way brought into the discussion in the formation of the 
new constitution, we include the law in our publication. 

We shall publish, next week, the U. S. law ia rela- 




















50 


THE NEW CONSTITUTION. 


tion to “ fugitives from justice,” and perhaps in the 
same number the Ohio election law. 

We shall also very soon commence the publication 
of the whole of the journal of the convention that 
formed our present constitution. It contains only 
about 40 pages of the journal, and will be continued 
in two numbers of our work. When through this, 
(though some other matters of age and value now on 
hand which we shall also publish) we shall be ready to 
enter upon the more elaborate discussions of principle. 

Divorces. 

At the late session of the Legislature, Mr. Cornell, 
a member from this city, made an interesting report 
upon the subject of Divorce, including the following 
statement of causes for which absolute divorce is 
granted in the several States.— N. Y. Sun. 

Maine. —Desertion five years; joining Shakers; im¬ 
prisonment in the State prison or Penitentiary fiveyears; 
drunkenness three years. 

New Hampshire. —Desertion, or absence not heard 
of three years; three years neglect of family; extreme 
cruelty. 

Massachusetts. —Imprisonment seven years. 

Rhode Island. —Desertion five years, habitual drunk¬ 
enness, neglect of family, extreme cruelty, and also for 
any other gross misbehaviour and wickedness in either 
of the parties repugnant to and in violation of the 
marriage covenant. 

Connecticut. —Desertion three years, absence not 
heard of seven years. 

Vermont. —Desertion three years, cruelty, imprison¬ 
ment three years, absence seven years, neglect. 

New Jersey. —Desertion five years. 

.Pennsylvania. —Desertion two years, cruelty. 

Chino.—Desertion three years by either party, ex¬ 
treme .cruelty, gross neglect, habitual drunkenness, 
three yeaf.sactual imprisonment. 

Indiana —Cruelty, habitual drunkenness, two years 
imprisonment, and any other cause where the court in 
the exercise of a sound discretion shall deem it reason¬ 
able and proper that a divorce should be granted. 

Illinois. —Desertion two years, cruelty drunkenness, 
two years imprisonment. 

Michigan. —Desertion two years, habitual drunken¬ 
ness, two years imprisonment for crime. 

Vriginia. —Desertion, cruelty, drunkenness. 

.Delaware, Maryland and Georgia. —Divorces in 
these States seem to be entirely left to the Legislature. 

Tennessee. —Desertion, two years imprisonment. 

Kentucky. —Desertion three years, felony, neglect to 
live with wife or husband, joining any sect which disa¬ 
vows mariiage. 

North Carolina. —Desertion, drunkenness, or any 
other just cause in discretion of court. 

Louisiana. —Desertion five years, cruelty, imprison¬ 
ment for infamous crime. 

Mississippi. —Desertion five years. 

Missouri. —Desertion two years, cruelty, habitual 
drunkenness two years, vagrancy, charging him with 
infidelity. 

Arkansas.- —Desertion one year, cruelty, imprison¬ 
ment for felony, drunkenness one year. 

Wisconsin. —Desertion two years, cruelty, drunken¬ 
ness. 

Note.—T he causes mentioned above, are all ground 
for absolute, and not limited divorce. 

Adultery and impotency, are, of course, grounds of 
dvorce in all the States. 


OHIO FROJI 1802 TO 1824. 

The adoption of the state constitution, by the con¬ 
vention which met at Chillicothe on the first day of 
November, 1802, gave an impetus to the state. Previ¬ 
ous to that time, the emigration was slow, owing to 
the immense and monarchical power given to the Gov¬ 
ernor, and the general disgust of the people towards 
that functionary, from the manner he exercised it. Af¬ 
ter various attempts to amend the laws passed by the 
Governor and Judges, on the 22d of February, 1805, 
the state Legislature blotted them from the statute 
book, and by the same law they repealed every act of 
the Territorial Legislature, enacted under the Ordin¬ 
ance, save only the laws to alter the boundary between 
Washington and Jefferson counties ; to incorporate the 
town of Marietta ; to empower the executors of Dr. 
Burnet to dispose of certain lands; to authorize the 
town of Marietta to preserve the river banks ; to in¬ 
corporate the town of Cincinnati ; to authorizeZacheUs 
Biggs and Zaclieus A. Beaty to erect a bridge over 
Wills’ creek ; for the relief of Sally Mills ; for the re¬ 
lief of Jane Mitchell; for the relief of Lucy Pettit; 
and the laws on the subject of levying a territorial tax. 
These laws, mostly unimportant, as will be seen from 
their titles, were all that were saved from the general 
wreck. 

In the spring of 1788, the first settlement within the 
bounds of what is now the state of Ohio, was com¬ 
menced at Marietta, by a band who crossed the moun¬ 
tains under the auspices of the Ohio Company, formed 
the preceding fall, and who entered into a contract with 
government, on the 27th of October of the preceding 
year, for the purchase of one million five hundred 
thousand acres of land on the Muskingum and Hock- 
hocking rivers. At the time this purchase was made, 
Ohio was an unbroken wilderness—its only inhabit¬ 
ants the red men of the forest. In 1790, its popula¬ 
tion, exclusive of Indians, consisted of 3,000 souls.— 
In 1800, the number had increased to 42,156. In 
1810, the census showed a population of 227,843 souls. 
From that period Ohio marched with giant strides. In 
1820, the state was found to contain a population of 
581,434 inhabitants. In 1830, the number was swol¬ 
len to 937,637, and in 1840, it amounted to 1,519,467 
souls. What the next census will place the number 
at, is left to conjecture, but few, however, place it at 
less than 2,000,000, and many beyond that number.— 
The infant Hercules, which waked from its cradle in 
1788, is now a full grown man ; its growth rapid be¬ 
yond precedent. Already has the state outstripped all 
of the “ old thirteen,” save only New York, and is far 
ahead of the younger sisters of the confederacy. Some 
of the first settlers we understand are still living. The 
puff of the steamers, then unknown to human science, 
now almost hourly create its echoes on the hills of the 
Ohio and on the lake-shores, and have taken the place 
of the pirogues, the keels and the bateau of olden 
time The whistle of the locomotive, as it rushes on 
at almost lightning speed, takes the place of the pack 







► 

THE NEW CONSTITUTION. 51 


horses of the fathers of the state, and these improve¬ 
ments, great as they are, and useful to man, are scarce 
less wonderful than the vast improvement which has, 
within the space of three score years, turned Ohio from a 
dense and howling wilderness, to fruitful fields, dotted 
with cities and towns—with school houses on every 
hill side and valley, and a busy, bustling, enterprising 
and industrious population of two millions of souls. 
Standing at the head of the great column of north-wes¬ 
tern states, she the mother of them all—standing in the 
Union, in wealth and in population second only to New 
York; and in the morals, industry and enterprise of 
her people, second to none, the course of Ohio has been 
upward and onward, in population, in wealth and influ¬ 
ence, it must continue. Her location, resources, and 
the enterprise of her people, forbids any one to doubt 
it. These have more than counterbalanced the evils 
of the present constitution. 

Three years after the state government was formed, 
the conspiracy of Aaron Burr began to agitate the peo¬ 
ple of the west, and the people of Ohio had their alle¬ 
giance to the general government and their love for 
the Union, sorely tried. But lew men, perhaps, ever 
lived in the Republic of more ready address and captiva¬ 
ting manners than Aaron Burr. Of his real intentions, 
there is even at this day a doubt—many contending 
that his aim was to detatch the west and south-west 
from the Union, while others, and perhaps a majority, 
believed his only object was to seize New Orleans, then 
just ceded to the United States by France, and to invade 
Mexico. To carry out either of these plans, it was 
necessary to gather troops and supplies from the west, 
and for this purpose, Mr. Burr spent much of his time 
in Ohio. Notwithstanding the high fame and popu¬ 
larity of Burr, as soon as his real intentions were sus¬ 
pected, he procured but little aid and comfort from Ohi- 
ans, whose attachment to the Union, founded upon 
their belief that it is the most perfect form of govern¬ 
ment ever devised by man, is deep and immoveable. 

That the cabinet of Mr. Jefferson was.deeplj alarmed 
at the supposed progress of Burr, evidence can be 
found in the fact, which we have from a source that 
leaves no doubt of’its truth, that in 1806, the Postmas¬ 
ter General gave to the then Governor of Ohio the 
power promptly to remove any postmaster in Ohio even 
suspected of favoring Burr’s projects. In addition to 
this, we understand, that amid the government letters, 
now in the land office at Chillicothe, to which place 
they were removed when the Marietta land office was 
abolished in 1840, there are numerous letters from Mr. 
Gallatin, then Secretary of the Treasury, betraying the 
deepest alarm on the subject. 

In December, 1806, in consequence of a confidential 
message from Gov. Tiffin to the Legislature, a law was 
passed authorizing the arrest of persons engaged in un¬ 
lawful enterprises, and the seizure of their goods.— 
Under this law, ten boats, together with a quantity of 
provisions, arms and amunition, were seized on the 


Muskingum river, a few miles above its junction with 
the Ohio, and the property confiscated. This seizure 
was fatal to Burr and his designs, and thus was the con¬ 
spiracy crushed. He fled, was afterwards captured, 
tried, but not convicted. 

During the trying times of which we speak, the 
patriotism of the people, notwithstanding the efforts to 
swerve them from the allegiance, remained unshaken. 
Burr, it is true, had friends, aiders and abettors, but 
they were few and far between—consisting of the un¬ 
principled politician and the desperate adventurer, 
more than of the class of young men he was most 
anxious to enlist. To the masses, the golden visions 
he held out—to the young and adventurous spirit, the 
chances of distinction and wild adventure, were all 
unavailing ; the people of Ohio held the Union as a 
pearl beyond price, and though the tempter with his 
winning ways and unsurpassed eloquence was in their 
midst, yet their virtue withstood the assault. Even in 
that day, when the great problem of self-government 
was butjjartially solved, and when man had less cause 
to love and to venerate the Union than now when all 
doubts are solved, and government, based upon the in¬ 
telligence and virtue of the people, exercising the sove¬ 
reign power, the masses remained true to their at¬ 
tachment, and gave the Old Thirteen an example of 
love of country which might well be followed. In la¬ 
ter years, the same western men have breasted the shock 
alike of northern and southern disloyalty, and if ever 
the day comes when this mighty Confederacy will need 
friends and supporters to preserve it, the firmest friends 
will be found in the north-western states, of which 
Ohio is the acknowledged head. 

In 1807, the judiciary and the legislative departments 
of the state government were drawn into a conflict on 
the constitutionality of a law passed in 1805, defining 
the powers and duties of justices of the peace. This 
law, in the 5th section, gave to justices of the peace ju¬ 
risdiction in cases exceeding twenty dollars, and in the 
twenty-seventh section prevented plaintiff's from recov¬ 
ering costs on actions commenced by original writ from 
the court of common pleas, for amounts between twen¬ 
ty and fifty dollars.* Judge Calvin Pease, then Presi¬ 
dent of the 3d judicial circuit, decided the section 
quoted to be unconstitutional, and the decision on an 
appeal, was affirmed by Judges Huntington and Tod, 
who then formed a majority of the supreme court.— 
This decision was grounded on the seventh amendment 
to the constitution of the United States, which declares 
that “ in suits at common law, where the value in con¬ 
troversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved,” and the 8th section of Art. 
8, which declares that “ the right of trial by jury 
shall be inviolate.” An attempt was made during the 
session of 1807-8, to impeach the judges for this decis¬ 
ion, but the resolution introduced into the House of 


* Chase’s Statutes, vol. i., p. 37. 







52 


THE NEW CONSTITUTION. 


Representatives, was not acted on at that session. The 
next fall, Judge Huntington was elected Governor of 
the state. A resolution was passed during the next 
session, to raise a committee in the House of Repre¬ 
sentatives to inquire into the conduct of the judges, 
with leave to prefer articles of impeachment against 
them. Articles of impeachment were preferred against 
Judges Tod and Pease, but not against Judge Hunting- 
ton, in consequence of that officer having left the bench 
and taken upon himself, at the command of the people, 
the duties of chief magistrate of the state. The charges 
preferred against judges Tod and Pease, were in sub¬ 
stance as follows: 

“First. That on an appeal from the judgment of a 
justice of the peace for a sum exceeding twenty dollars, 
lie had,as president judge, reversed that judgment, on 
the ground that the justice had no constitutional juris¬ 
diction of the case. Second, That in an action for a 
sum between twenty and fifty dollars, commenced by 
original writ from the court of common pleas, he had 
allowed the plaintiff his costs of suit, upon his recover¬ 
ing judgment, contrary to the twenty-ninth section of 
the justice act, and the fifth section of the act organi¬ 
zing judicial courts. Third, That, sitting as president 
judge, he had decided, on various occasions, that the 
court had full power to set aside, suspend, and declare 
null and void any act of the state legislature, and that 
he had suspended, set aside, and declared null and void 
the fifth section of the act defining the duties of justi¬ 
ces. 

“The articles against Judge Tod contained but asin- 
gle charge ; the same, in substance, as the fi.st charge 
against Judge Pease. Both the judges were summoned 
to appear before the Senate, sitting as a High Court of 
Impeachment. Judge Tod was first tried. In hisan- 
swer to the charge exhibited against him, he admitted 
that, in his judicial capacity, he had decided that the 
fifth section of the act, giving to justices of the peace 
jurisdiction in cases exceeding twenty dollars, was un¬ 
constitutional and void ; declared that he still remained 
of the same opinion ; asserted his right and duty to de¬ 
termine cases, brought before him as judge, according 
to the convictions of his judgment ; and vindicated the 
purity of his motives, and the uprightness of his judi¬ 
cial conduct. The investigation continued for several 
days, but finally resulted in the acquittal of the respon¬ 
dent. Judge Pease was next put upon trial. His an¬ 
swer wassubstantially the same with that of Judge Tod. , 
The result was, that on the first charge he was unani¬ 
mously acquitted ; on the second charge he was ac¬ 
quitted ; the vote being for conviction fifteen, for ac¬ 
quittal nine,—the constitution requiring a concur¬ 
rence of two-thirds for conviction. The third charge 
was decided by the court, by a vote of sixteen to eight, 
to be insufficient and inadequate to sustain an impeach¬ 
ment.”* 

At the session of the Legislature of 1817, a resolu¬ 
tion was passed in relation to the New York and Erie 
Canal, pledging that Ohio would aid the work, by ca¬ 
nals of her own. The Legislature ordered a corres- i 

* Chase’s Statutes. 


pondence to be opened with DeWilt Clinton on the sub¬ 
ject, with the view of eliciting information-from that 
distinguished friend of the internal improvement sys¬ 
tem of his own state,' on the subject of canals. For 
several succeeding sessions, the subject of canals was 
the engrossing one. In 1822, a law was passed for the 
appointment of an engineer, and seven commissioners 
to examine the country between the Ohio and the lake, 
for the purpose of ascertaining the practicability and 
expense of the different routes recommended.’ At the 
next session, the commissioners reported that all the 
routes, viz : from Sandusky Bay; from the Maumee 
river: from the mouth of the Cuyahoga, at Black river, 
by the Muskingum, and from the mouth of Grand riv¬ 
er by the Mahoning, to the Ohio river, were all prac¬ 
ticable, but the commissioners asked additional time to 
ascertain the comparative cost and advantages of each. 
A subsequent act gave the .commissioners all the time 
asked for. At the next session, a canal on the route 
of the Ohio Canal was recommended. The commis¬ 
sioners also recommended the erection of a canal 
through the Miami valley, on the route now occupied 
by the Miami canal. 

At the session of 1824-25, an act was passed “ to 
provide for the internal improvement of the state by 
navigable canals,” which recognized the location of 
the Miami Canal between Cincinnati and Dayton, and 
of the Ohio Canal between the mouth of the Scioto 
and Cleveland, aDd thus was the system of internal im¬ 
provement by the state commenced. In the Senate the 
bill passed by a vote of yeas 34, nays 2—in the House, 
by a vote of yeas 58, nays 13, every member of the 
Senate being in his seat, and but one member of the 
House absent. 

The same Legislature established the first system of 
common schools, which has been amended and altered 
at almost every subsequent session. 

In the efforts of the people to/id themselves of the 
territorial government, and to erect a state government 
in its stead, Thomas Worthington, Esq., (afterwards 
Governor and Senator in Congress,) took a decided and 
leading stand. As the agent of the people, he procured 
the passage of the law of 1802, from Congress, which 
allowed the people to form a state government, and was 
a prominent member of the convention which formed 
the constitution. In 1814, he was elected Governor 
of the state, and in the performance of the duties of* 
that office he found the constitution so illy adapted to 
the minds of the people, that in his annual message of 
Dec. 2, 1817, he thus took ground in favor of a conven¬ 
tion to change it: 

“ The constitution of the state has been in operation 
for fifteen years ; and most of its general provisions in 
favor of equal rights and for the perpetuation of a free 
government, are such aji we, and those who come after 
us, I sincerely hope, will always support. When it 
was adopted our population did not exceed eighty thou¬ 
sand, and there were only nine counties. The increase 
of the population since, to at least half a million, and 
the counties to forty-eight,have exceeded all calculation; 







THE NEW CONSTITUTION. 


53 


and experience has clearly proved that some of its pro¬ 
visions, though well calculated for a population less 
numerous, have become burdensome, and indeed can¬ 
not be executed, in consequence of our great increase 
of population. Neither can it be disguised from even 
a common observer that to support the state govern¬ 
ment is so expensive for the want of a change of some 
of the provisions of the constitution, as to make it ne¬ 
cessary to continue a rate of taxation which is not only 
becoming burdensome to us all, but prevents the rep¬ 
resentatives of the people from possessing the means of 
making internal improvements and adopting other reg¬ 
ulations for the common benefit of the state. 

Believing as I do, that with the extension of juris¬ 
diction and increase of population which will shortly 
take place, some of the most valuable provisions of the 
constitution cannot be executed, and that by a change 
of others, a saving of near one-half of the present ex¬ 
penses may be made, the government be better admin¬ 
istered for the general benefit of the good people of the 
state, and that the present is the most favorable time 
for making these changes. I should not discharge the 
solemn convictions of duty which I feel, if I did not 
recommend to your consideration, the propriety of ta- 
kjng the necessary steps authorized by the constitution, 
to enable our fellow citizens to decide whether in their 
opinion any alterations in our constitution are neces¬ 
sary.” 

Governor Worthington having served for two terms 
as Governor, was succeeded at the next election by 
Ethan Allen Brown, who was elected by a vote of near 
four to ene over James Dunlap. In his inaugural ad¬ 
dress, delivered on the 14th of December, 1818, Gov. 
Brown thus brings the subject before tho Legislature : 

“ There is no department of the government whose 
administration more immediately affects the lives, lib¬ 
erties, and fortunes of the inhabitants than the judicial; 
as such, it will always merit and receive from the leg¬ 
islature an extraordinary share of attention. The dis¬ 
tribution of jurisdiction among the courts, and the de¬ 
finition of their respective powers, are, by the consti¬ 
tution, subjects of legislative provision. A few re¬ 
marks, therefore, which my observation and experience, 
in the station I lately held, have enabled me to make, 
relating to our courts of justice, may be acceptable to 
the General Assembly. 

“ As in the formation of our constitution, the pres¬ 
ent plan was an experiment somewhat new in its na¬ 
ture, the lessons of experience must on this topic be 
the more interesting. Some of the defects are irreme¬ 
diable by the legislature ; but they are severely felt ; 
and will become more so, as our territorial jurisdiction 
extends, and population increases; so as indispensibly 
to require the call of a convention at no great distance 
of time, but whether actual propriety now demands 
jthis call ; or whether the present period be favorable 
to submit this question to the people, it is your consti¬ 
tutional office to decide ; there is no reason to me suf¬ 
ficiently apparent why it should be delayed.” 

These extracts are not only worthy of perusal, but 
of preservation. They were from the pens of men en¬ 
trusted, for the time being, with the interests of the 
state, and who felt a deep interest in its welfare. The 
judiciary system of the state, which, with the lessen¬ 
ing of the expenses of the state government, was then 
an object to be gained by a change of the constitu¬ 
tion, comes upon us with redoubled force now, when 
the system, so far at least as the supreme court is con- 
cerned, for want of time, to hold a court once in each 


year in each county in the state, amounts almost to a 
total denial of justice, and when a heavy debt presses 
upon the people, and has to be liquidated by their tax¬ 
es. In relation to the judiciary system, Gov. Brawn, 
in his first annual message to the Legislature, delivered 
Dec. 7,1819, says : 

“Several years experience had convinced me that the 
present [judiciary] system was grievously burthensome 
and costly to the public ; dilatory and expensive to liti¬ 
gants; and above all, was unsuited, toanswer completely, 
the great purposes, for which the courts of judicature 
were instituted. It will be recollected that a thin popu¬ 
lation, from nine counties only, sent delegates to the 
convention. The plan that might have been sufficient 
in the year eighteen hundred and three, is but ill adapt¬ 
ed to the altered state of our affairs, In eighteen hun¬ 
dred and nineteen.” 

The state then had but fifty-six organized counties 
within its limits, and a population of less than one 
half of that which now swells its borders. The num¬ 
ber of organized counties, at the present time, is eigh¬ 
ty-five. If the system was deemed by Gov. Brown 
sufficient in 1803, but not adapted to the altered state 
of things in 1819, how much more forcible the objec¬ 
tion to its continuance in 1848, when litigation has 
vastly increased, the population more than doubled, 
and the number of counties in which the supreme 
court is annually compelled to hold its session, swelled 
from fifty-six to eighty-five. Gov. Brown was a judge 
of the supreme court when called to the gubernatcrial 
chair, and hence he spoke of the radical defects in the 
judiciary system, as one who had seen and felt them. 

The recommendations of Gov. Worthington, inl817, 
and of Gov. Brown in 1818, produced the desired ef- 
ffect. By reference to Senate Journal, under date of 
Tuesday, Dec. 22,1818, (see pages 139 and 140,) we 
find the following proceedings : 

“ The Senate took up the report of the committee 
of the whole, upon the resolution recommending to 
the electors of this state to vote for o r against a con¬ 
vention ; and agreed to the amendment made to said 
resolution in the committee of the whole—which res¬ 
olution as amended is as follows. 

Resolved by the General Assembly of the State of Ohio, 
(two-thirds of the members of each House of the Gen¬ 
eral Assembly concurring therein,) That it is necessa¬ 
ry to amend the Constitution of the State of Ohio, and 
we do hereby recommend to the electors, at the next 
election for members of the General Assembly, to vote 
for or against a Convention, agreeably to the provisions 
of the fifth section of the seventh article of the Con¬ 
stitution ; and the Judges of elections held within 
each township of this State shall receive and trans¬ 
mit with the return of votes given for members 
of the General Assembly, to the Clerk of the Court of 
Common Pleas within their respective counties, a 
statement of all votes given within their respective 
townships, for and against a Convention. And the 
Clerks of the Courts of Common Pleas in the several 
counties within this State are directed to include in the 
general abstracts of votes given within their respective 
counties for members of the General Assembly, a 
statement of the number of votes given within their 
respective counties for and against a Convention 
and forward the same to the Secretary of State’s of¬ 
fice, previously to the next session of the General As¬ 
sembly.” 




54 


THE NEW CONSTITUTION. 


“And on motion to agree to said resolution,as amen¬ 
ded, it was decided in the affirmative; yeas 20, and 
nays 8 ; and the yeas and nays being required—those 
who voted in the affirmative were, Messrs. Baldwin, 
Brown, Campbell, Cole, Dunlap, Fithian, Foos, Fur¬ 
nas, Hooker, Irwin, Jackson, Johnson, Madeira, New- 
com, Patterson, Pollock, Torrence, Trimble, Wheeler 
and Speaker. Those who voted ill the negative were, 
Messrs. Beasly, Jones, M’Laughliu, Shelby, Simpson, 
Spencer, Stone and Thompson. 

“And there being the constitutional majority of two- 
thirds of the members in the affirmative, 

“ Ordered 

“ That Mr. Pollock do carry said resolution to the_ 
House of Representatives, and request their concur¬ 
rence therein.” 

In House Journal, under date of Wednesday, Dec. 
23, 1818, (see page 142,) we find the passage of the 
joint resolution thus noted in that body : 

“ The resolution from the Senate, recommending the 
electors of this state to vote at the next election, for 
or against a convention, was again taken up anc read ; 
and 

“ On motion, 

“ That the resolution be agreed to, it was decided in 
the affirmative, yeas 41, nay's 19. 

“ The yeas and nays being required, 

“ Those who voted in the affirmative were, Messrs. 
Ames, Anderson, Barker, P. Bell. S. Bell, Boggs. Clay- 
pool, Collins, Dille, Dunn, Fergus, Fitzgerald, Foster, 
Foulks, W. George, Givens, Grove, Hammond, Hedg¬ 
es, Hunt, Lamb, Lane, Lybrand, Mack, McDowell, 
McHenry, McLean, Minei, Moore, Murray, Myers, 
Osborn, Pauli, Pinketon, Shaw, Sill. Smith, Sutton, J. 
Swearengen, J. S. Swearengen and Wallace—41. 

“Those who voted in the negative were, 

“ Messrs. Barret, Chapman, Farquahr, Ford, T. 
George, Ilampson, Hanna, Harris, Keffer, Liest, Mc¬ 
Millan, Meriy, Morrison, Oswalt, Pigman, Pitzer, 
Reynolds, Scofield and Speaker—19. 

“ A constitutional majority voting in the affirmative, 
said resolution was passed. 

“ Ordered, 

“ That Mr. Sill acquaint the Senate therewith.” 

The resolution thus passed calling a convention, it 
will be seen, is almost word for word, with that passed ' 
for a similar purpose during the late session of the Le¬ 
gislature. 

During the summer following, the expediency of 
calling a convention was discussed somewhat, but only 
on the ground of a change in the judiciary sy'stem.— 
By all the system was deemed defective, though it had 
not shown itself to be as much so as now, but many 
thought it could be mended by the passage of laws ea¬ 
sing the supreme court of a portion of its burthens.— 
Even Gov. Brown, in another part of his message, from 
that quoted, seemed somewhat to favor that idea, which 
experience has since shown to be illusory. But little 
interest appears at that time to be taken in the matter 
by the voters, for the reason we have stated, and hence, 
as will be seen by the report of the committee appoint¬ 
ed by the Legislature of 1819-20, to foot up the re¬ 
turns, the vote was exceedingly small, several counties 
having failed to make any returns. We quote from 
pages 92 and 93 of the Journal of the House of Repre¬ 


sentatives, under date of Tuesday, Dec. ,14, 1819, as 
follows : 


„ Mr. Mitchell, from the joint committee to examine 
the abstract of votes for and against a convention, 
made the following report: 


Counties. 

Con. N.Con. 

Counties. Con. N.Con. 

Adams, - - 

119 

951 

Knox, - - 

25 

900 

Athens, 

1 

748 

Licking, - 

92 

489 

Ashtabula, 

173 

72 

Logan, - - 

12 

304 

Butler, - - 

127 

600 

Lawrence, 

32 

10 

Belmont, 

52 

1944 

Montgomery, 

362 

673 

Brown, - - 

4(1 

523 

Miami, - - 

Muskingum, 

272 

337 

Clermont, - 

186 

1428 

29 

112G 

Champaign, - 

78 

488 

Madison, - 

77 

386 

Clinton, 

377 

121 

Monroe,- - 

1 

244 

Coshocton, - 

13 

712 

Medin’&Morg 

’n, noret'rn 

Columbiana, 

21 

2009 

Meigs, - - 

1 

248 

Cuyahoga, 

158 

90 

Preble, 

268 

389 

Clark, - - 

41 

383 

Pickaway, - 

152 

1170 

Delaware, - 

58 

601 

Portage, - 

478 

192 

Darke, - - 

35 

173 

Pike, - - 

92 

323 

Franklin, - 

185 

792- 

Perry, - - 

9 

849 

Fayette, - - 

214 

337 

Ross, - - 

421 

1124 

Fairfield, 

no return. 

Richland, - 

37 

758 

Green, - - 

340 

698 

Scioto, - - 

no return. 

Gallia, - - 

101 

371 

Stark, - - 

182 

587 

Guernsey, - 

6 

675 

Shelby, - - 

1 

70 

Geauga, - - 

311 

146 

Tuscarawas, 

15 

586 

Hamilton, - 

784 

1376 

Trumbull, - 

158 

725 

Highland, - 

320 

683 

Warren, - 

358 

393 

Harrison, 

42 

1005 

Wayne, - - 
Washington, 

no return. 

Huron &Hocking, noret'n 
Jefferson, - 48 1358 

20 

880 

Jackson, - - 

51 

368 


6987 

29315 


“ From which it appears there is returned to the sec¬ 
retary’s office, six thousand nine hundred and eighty- 
seven votes for a convention, and 29,315 votes against 
a convention, making the majority 22,328 votes against 
a convention.” 

Among the people of the state,a different feeling now 
exists. All the objections urged to the present consti¬ 
tution twenty years ago still exist in greater force. As 
prophecied by Gov. Brown, the defects irremediable by 
legislation, even then severely felt, have “become more 
so as our territorial jurisdiction extends and population 
increases, so as indispensably to require the call of a 
convention.” Laws have proved unequal to the task 
of remedying the evils, and the people, not of a party, 
but the voters as a mass, with but few exceptions, de¬ 
mand that the government again pass into their hands 
to be remoddled, and then submitted io their votes for 
adoption or rejection. The objection urged against the 
change in 1818, no longer exist with force, while ex¬ 
perience has arrayed and strengthened the arguments 
in favor of a new constitution. Other states have 
changed theirs, and thereby given renewed strength 
and vigor to their government, and curtailed its expen¬ 
ses. Doubts were once entertained whether the 
people were competent to elect all their own officers ; 
these doubts no longer exist among the friends of re¬ 
publican government, for the theory has been tested, and 
has proven highly successful. The people of Ohio are 
now laboring under a heavy state debt, which is liable at 
any session of the Legislature to be increased, and it 
is but the part of wisdom to guard against it, by a con- 











THE NEW CONSTITUTION. 


55 


stitutioual provision that before an increase of the stat e 
debt can take place, the people, whose property is ta¬ 
ken by taxation to foot the bill, should first give their 
assent thereto by their votes. There are many reforms 
in the state constitution needed, and to accomplish so 
desirable an end, at the recent session of the Legisla¬ 
ture a joint resolution was passed to open polls on the 
seeond Tuesday of October next, that the people may 
vote yea and nay on a proposition that so materially 
affects their interest and the prospects of their noble 
state. We cannot for a moment permit ourself to 
doubt the result of the vote. The convention will be 
called, and a constitution, in accordance with the spirit 
and improvement of the age, will be adopted. 

INDIANA. 


From the Rushville (Ind.) Jacksonian. 

Constitutional Reform. 

We suppose that all our readers are aware that there 
was a bill passed at the last session of the Legislature, 
providing for taking the sense of the people on the pro¬ 
priety of calling a convention to revise and amend our 
constitution. According to the provisions of the act, 
a poll book will be opened at the August election for 
this purpose, at which time it will be the duty of eve¬ 
ry citizen to pronounce either for or against a conven¬ 
tion. The question should be thoroughly examined by 
every man, and those who come to the conclusion that 
a convention should be called, should so cast their 
votes, and those, if any there be, who come to a differ¬ 
ent conclusion, should so express themselves. None 
should be silent on a question of such vital importance. 
All are interested—those who desire a change should 
say so, and those who wish to plod along under the se¬ 
mi-barbarian usages of our ancestors, should boldly say 
so. We are in favor of aconvention. We know that 
it can do no harm, for it will be a convention of the 
people, who, in their wisdom, will do nothing to their 
own injury. But we are in favor of it because we 
think great good may grow out of it. We are in favor 
of “ great and radical changes ” in our fundamental 
law. They are demanded by the improvement of the 
age. In the language of Mr. Jefferson, the great Apos¬ 
tle of American liberty, “ Laws and institutions must 
go hand in hand with the progress of the human mind. 
As that becomes more developed, more enlightened, as 
new discoveries are made, new truths disclosed, and 
manners and opinions change with the change of cir¬ 
cumstances, institutions must change also, and keep 
pace with the times. We might as well require the 
man to still wear the coat that fitted him when a boy, 
as civilized society to remain ever under the regime of 
their barbarous ancestors.” “ It is this preposterous 
idea” which has lately created such commotion in Eu¬ 
rope, driven kings from their thrones and deluged their 
provinces in blood. Let us not follow their example, 
but favor progressive accommodations to progressive 
improvements. One generation is as capable of taking 
care of itself and of ordaining its own affairs as anoth¬ 
er. “ Let us, as our sister states are doing, avail our¬ 
selves of our reason and experience, to correct the 
crude essays of our first and inexperienced, though 
wise, virtuous, and well meaning councils.” The fol¬ 
lowing are some of the principal changes which we de¬ 
sire to see wrought in the constitution : 

First. The election of all public officers by the 
people—Secretary of State, Treasurer of State, and 
Auditor of State, as well as supreme and president 


judges. This is the paramount change we wish to see 
effected. We hold it above all others ; and it is 
one which our neighbor of the Republican seems to 
consider of the least importance. 

Secondly. We wish the sessions of our Legislature 
made biennial, and the power given to the Governor 
to call extra sessions when the public good may require 
it. 

Thirdly. We wish a constitutional provision pro¬ 
hibiting the Legislature from borrowing money except 
in time of internal insurrection or invasion, (no proba¬ 
ble contingency,) until the pronosition, together with 
the specific object for which it is to be borrowed, has 
been submitted to the people, and approved by them at 
aivannual election. 

Fourthly. Some alteration of our probate court 
system ; either giving the business of such courts to 
the circuit courts of the respective counties, or crea¬ 
ting a “circuit probate court” system. Either of 
these systems would give us competent probate judges, 
which but few counties have now, without at all crea¬ 
ting any additional expense, for in all cases not litigated 
the clerk of the court could do the business. 

The foregoing are some of the changes we w’ould 
like to see made in the constitution. At another time 
we may suggest others, and also give reasons for desi¬ 
ring these wa have named. 


MARYLAND. 

From the Baltimore Argus. 

Reform Convention. 

We are glad to see the subject of Reform occupying 
the attention of the people through the State. It is a 
subject of far more importance, than the scramble 
about office. The Constitution of Maryland is such 
an incongruous patched and piebald thing, so inconsis¬ 
tent and unjust in many of its provisions, that it calls 
emphatically upon every man who desires equal laics 
and equal rights, to arouse and demand a Reform. The 
attempt to amend by Legislature, reminds us of the re¬ 
ply of the chimney-sweep to Pope, the Poet. “God 
mend me” was a favorite phrase of the Poet, who, by 
the way, was rather hard favored, like our Constitu¬ 
tion. One day passing along the street, in conversa¬ 
tion he made use of this expression in the hearing of a 
sweep, who, looking him in the face said, “God will 
do no such foolish thing.” Pope, surprised at the re¬ 
mark, inquired of the boy why he thought so. “Why,” 
said he, “God could make a dozen good-looking men 
while he was trying to patch up such an odd-looking 
fellow as you.” Just so we think about this miserable, 
ricketty, palsied old Constitution. We want no more 
patching, but we want to seethe work taken up de no¬ 
vo. We want to see a Convention in which the State 
shall be properly represented, and where all its interests 
shall be properly cared for and protected. We want 
all useless offices abolished, all fees and perquisites pla¬ 
ced in a fair proportion to the duties discharged, and all 
heavy salaries curtailed, so that the toiling masses may 
be relieved from all unnecessary burdens. 

These are a few of the items which we think come 
under the head of Reform, and which we are all alike 
interested in. They are reforms which twenty years 
experience in legislative bunglings shows conclusively, 
can’t be obtained from that source. We shall gladly’’ 
unite with our brethren throughout the State, in every 
honorable effort to push forward the cause which we 
have always considered of paramount importance to 
the people. Our citizens will be glad to have the Con¬ 
vention amongst them, at any time convenient to the 
counties. 












56 


THE NEW CONSTITUTION. 


Interesting Historical Reminiscence about the 
West. 

The letter which follows, is taken from the New 
Haven Gazette of July 19, 1787, near sixty-one years 
ago. Within that time how great the change. Then 
the mouth of the vast river which drained the entire 
Mississippi Valley, was owned by a foreign power, and 
the produce of the West, in seeking a market, had to 
pay duties and its owners subject to the petty annoyance s 
of the officials appointed by the Spanish authorities, and 
thus was the entire West subject to the caprices of a 
foreign power, who at any time could debar its citizens 
of the right of using its waters to the sea. 

The cession, by Spain, of Louisiana to France, and 
its purchase by Mr. Jefferson, by the treaty of April 
30, 1803, was opposed with much violence by the short 
sighted politicians of that day. Had it remained in 
the possession of any foreign power, the West would 
have been stunted in its growth, and its vast resources 
would to this day have been but partially developed. 
Without'the possession of the mouth of the Mississippi, 
much of the territory now formed into Western and 
Southwestern States, would have remained a wilder¬ 
ness, for although art might have aided in overcoming 
some of the evils, yet there were others that human 
power could not overcome. Had England gained 
Louisiana, and the eyes of her statesmen were upon it 
and anxious for the rich prize, which would have 
made American commerce tributary to that power, 
she would never have yielded it without a struggle 
which would have dyed the Mississippi with a crimson 
hue. 

To us at this day, accustomed to talk and to speak of 
the Mississippi river as our own, it is almost impossi¬ 
ble to realize the situation of the country, and of the 
West particularly, without it. The far seeing sagaci¬ 
ty of Mr. Jefferson, perceived its advantages, and not¬ 
withstanding the croaking of some and the denuncia¬ 
tion of others, closed with the offer of France, and for 
this act that great statesman has never received one 
fourth part of the praise so richly his due. 

The letter below is represented in the Gazette as be¬ 
ing written by a gentleman at the Falls of the Ohio, to 
his friend in New England. As a reminiscence of the 
olden time, and as showing the state of American feel¬ 
ing at that time in regard to the Spanish possession of 
the mouth of the Mississippi, it is deeply interesting: 

Louisville, (Falls of Ohio,) Dec. 4, 1786. 

Dear Sir :—Politics, which a few months ago were 
scarcely thought of, are now sounded aloud in thispart 
of the world, and discussed by almost every person.— 
The late commercial treaty with Spain, in shutting up 
(as it is said) the navigation of the Mississippi for the 
term of twenty-five years, has given the western coun¬ 
try a universal shock, and struck the inhabitants with 
amazement. Our foundation is affected ; it is there¬ 
fore necessary that every individual exert himself 
to apply a remedy. To sell and make us slaves to the 
Spaniards, is a grievance not to be borne. The pre¬ 
liminary act which occasioned our revolt from Great 
Britain was not so barefaced and intolerable. To give 


us the liberty of transporting our effects down the riv¬ 
er to New Orleans, and then be subject to Spanish laws 
and impositions, is an insult upon our understanding. 
We know by woeful experience that it is in their pow¬ 
er when once there, to take our produce at any price 
they please. Large quantities of flour, meat, &c.,have 
been taken there the summer past and confiscated.— 
Those who had permits from their Governor were 
obliged to sell at a price he was pleased to state, or sub¬ 
ject themselves to lose the whole. Men of large prop¬ 
erty are often ruined by their policy. What benefit 
can you, on the Atlantic shores, receive from this act ? 
The Spaniards, from the amazing resources of this riv¬ 
er, will be able to supply all their own markets, as also 
foreign markets, at a much lower price than you possi¬ 
bly can. 

Though this country has been settling no more than 
about six years, and that in the midst of an inveterate 
enemy, and most of the first adventurers fallen a prey 
to the merciless savages, and although the emigration 
to this country is so very rapid that the internal mar¬ 
ket is very great, yet the quantities of produce they 
yet have on hand are immense. Flour and pork are 
now selling here at twelve shillings per cwt., beef in 
proportion and any quantity of Indian corn may be 
had at 9d. per bushel. Three times the quantity of 
tobacco and corn can be raised on an acre here than 
can be on the settlements on the east side of the moun¬ 
tains, and with less cultivation. It is therefore ration¬ 
al to suppose that in a few years the vast bodies of wa¬ 
ter in those rivers will labor under the immense weight 
of the produce of this rich and fertile country, and the 
Spanish ships be unable to carry it to market. Do you 
think to prevent emigration from a barren country, im¬ 
poverished with taxes and loaded with debt, to the most 
luxuriant soil in the world ? Vain is the thought, and 
presumptuous the supposition ! You may as well at¬ 
tempt to prevent the fishes from gathering on a bank 
in the sea which affords them plenty of nourishment. 
Shall the best part of the United States remain uncul¬ 
tivated, a nest of savages and beasts of prey ? Cer¬ 
tainly not. Providence has designed it for some nobler 
purposes. This is convincing to every one who be¬ 
holds the many advantages and pleasing prospects of 
this country. Here is a soil richer to appearance than 
can possibly be made by art. Large plains and mead¬ 
ows, without the labor of hands, sufficient to support 
millions of cattle summer and winter 1 Cane, which 
is also good nourishment for stock, is without bounds ! 

The spontaneous production of this country sur¬ 
passes your imagination ; consequently I see nothing 
to prevent our herds being as numerous here in time, 
as they are in the kingdom of Mexico. Our lands 
north of the Ohio, for the produce of wheat, &c., I 
think will vie with the island of Sicily. Shall all this 
country now be cultivated entirely for the use of the 
Spaniards ? Shall we be bondmen as the children of 
Israel were to the Egyptians ? Shall one part of the 
United States be slaves, while the other is free ? Hu¬ 
man nature shudders at the thought, and despises those 
who are so mean as to even contemplate on so vile a 
subject. Our situation is as bad as it possibly can be, 
therefore every exertion to retrieve our circumstances 
must be manly, eligible and just. We can raise twenty 
thousand troops this side of the Alleghany and Apala- 
chian mountains, and the annual increase of them by 
emigration from other parts is from two to four thou¬ 
sand. 

We have taken all the sroods belonging to the Span¬ 
ish merchants at Port St. Vincent and the Illinois, and 
are determined they shall not trade up the river, provi¬ 
ded they will not let us trade down it. 

1 Preparations are now making here (if necessary) to 







THE NEW CONSTITUTION. 


57 


drive ihe Spaniards from the settlements at the mouth 
of the Mississippi. 

In case we are not countenanced and succored by 
the United States, (if we need it) our allegiance will 
be thrown oft, and some other power applied to. Great 
Britain stands ready with open arms toreceiveand sup¬ 
port us. They have already offered to open their re¬ 
sources to our supplies. When once we are united 
with them, “ farewell—a long farewell to all your boas¬ 
ted greatness.” The Province of Canada, and the in¬ 
habitants of these waters, of themselves in time will 
be able to conquer you. You are as ignorant of this 
country as Great Britain was of America. 

These hints, if rightly improved, may be of some 
service ; if not, blame yourself for the neglect. 

THE BEAUTY" OF LIBERTY. 

“In all things that have beauty, there is nothing toman 
more comely than Liberty.”—M ilton. 

When the dance of the shadows, 

At day-break is done, 

And the cheeks of the morning 
Are red with the sun, 

When he sinks in his glory, 

At eve, from the view, 

And calls up the planet, 

To blaze in the blue; 

There is beauty—but where is the beauty to see, 

More proud than the sight of a nation when free? 

, When the beautiful bend 
Of the bow is above 
Like a collar of light, 

On the bosom of love— 

When the moon in her mildness 
Is floating on high, 

Like a banner of silver 
Hung out in the sky; 

There is beauty—but earth has no beauty to see, 

More proud than the front of a nation when free. 

In the depth of the darkness, 

Unvaried in hue, 

When the shadows are veiling 
The breast of the blue; 

When the voice of the tempest, 

At midnight is still, 

And the spirit of solitude 
Sobs on the hill; 

There is beauty—but where is the beauty to see, 

Like the broad-beaming brow of a nation when free? 

In the breath of the morning, 

When nature’s awake, 

And calls up the chorus 
To chaunt in the brake; 

, In the voice of the echo, 

Unbound in the woods; 

In the warbling of streams, 

And the foaming of floods; 

There is beauty—but where is the beauty to see, 

Like the thrice-hallowed sight of a nation when free? 
When the striving of surges, 

Is mad on the main, 

Like the charge of a column 
Of plumes on the plain; 

When the thunder is up 

From his cloud-cradled sleep, 

And the tempest is treading 
The paths of the deep; 

There is beauty—but where is the beauty to see, 

Like the sun-brilliant brow of a nation when free? 

J. F, D. 


Written for the New Constitution. 

THE CONSTITUTION AND LEGAL RE¬ 
FORM. 

The Equality of Taxation. 

Government is instituted for the purposes of estab¬ 
lishing justice between man and man, for the promo¬ 
tion of the welfare of the community, for the securing 
of the blessings of liberty to ourselves and posterity, 
and for the protection of the life and the property of 
the governed. These are the ends and objects to be 
attained by a well ordered and regulated government. 
To put these principles into practical operation, so that 
the blessings to be derived from them may be felt and 
enjoyed by all equally, it is necessary that means 
should be raised in order to support those who adminis¬ 
ter them to the people. Hence the necessity of taxa¬ 
tion which follows as a matter of course from the insti¬ 
tution of government. This all admit. But there is 
another matter, which also follows from this, and which 
has been overlooked in Ohio; it is this, that whilst the 
necessity of taxation exists there also exist an impera¬ 
tive duty on those who impose taxes on the people to 
impose them equally on all—as all equally enjoy the 
protection of life, liberty, property and the blessings of 
government. So also should all contribute in propor¬ 
tion to their wealth to the support of that government, 
the dispenser of these blessings. To exempt one set of 
men from taxation and place it upon another (who are 
the poorer class,) is to allow one portion of the com¬ 
munity to pauperize itself upon another portion, and 
upon that portion too, who are the least able to bear it. 
This latter is the principle of taxation which has been 
adopted in Ohio by the Legislature—a system which ex¬ 
empts the rich almost entirely and throws the heaviest 
burthen upon the poor. Under the existing laws of the 
State, Bank stocks and Slate stocks are exempt from 
taxation. See the effect of it upon the mechanic, la¬ 
boring man, and those who are least able to bear the 
weight of heavy taxes In the year 1848, from the best 
statistics, the estimated value of bank stock and bank 
property which would be liable to taxation as the prop¬ 
erty of individuals, were it not specially exempted by 
law was $19,537,999. The averege rate of taxation up¬ 
on property where these banks are located for the same 
year was 9 27-100 mills on a dollar. This would give 
for the clear amount of taxes which should have 
been collected from the owners of that property for that 
year the sum of $181,117—notone dollar or cent of 
which was paid by the owners of this property in their 
individual capacity, although this species of property 
yield to them annually from 12 to 15 percent on its 
valuation. Isthis not an outrage upon the rights of the 
laborer, farmer and mechanic and the poorer class of 
men who are not able to protect their property from 
taxation by investing it in bank stock? Is it not a dis¬ 
grace to our laws that the richest portion of the com¬ 
munity should be allowed to escape yearly from the 
payment of $181,117 and that that deficiency in the 
tax list should be made up by grinding to the dust the 
poorest portion. Black as the disgrace is it is yet a 
fact that in order for the rich to escape taxation and re¬ 
alize a per centage of from 12 to 15 per cent on the 
value of their property they have only to invest it in 
bank stock—the poor can not do it, their means will not 
permit them, hence they have to put up with this in¬ 
justice. But it may be asked, will not the Legislature 
afford relief in a case of such manifest injustice—and 
equalize the burthens of taxation and obviate the neces¬ 
sity of a convention? This is a vain question. To ex¬ 
pect an affirmative answer to it you must first break 
down the monied influence which is continually thrown 
around that body corrupting them at every step where 
the interests of wealth is concerned—experience has 








58 


THE NEW CONSTITUTION. 


shown that they are the subjects of the monied power 
of the country on this question and that the growth of 
that power lias become so vast that nothing short of 
the hand of the people can stay or prescribe rules for it. 

It is claimed by some that the banks in their corpo¬ 
rate capacity pay a bonus of 6 per cent on their net 
profits, and that therefore the owners of their stock in 
their individual capacity should be entirely exempted 
from taxation on account of such stock. 

This 6 per cent on their net profits is paid in consid¬ 
eration of the special privileges granted them by the 
Legislature in consideration of the distinction made by 
the Legislature between them and individuals, allowing 
them to issue $3 for one, a privilege which is denied to 
individuals. But suppose that it was otherwise, and 
that it was intended as a tax on the property invested 
in banks, see how far short of justice and equality it 
would fall in proportion to the amount of property in¬ 
vested. The Auditor of State’s Report for the year 
1848 shows for the amount of taxes paid on the net 
profits of the Banks for that year the sum of $40,733 
Now if this was intended as a tax it must be a tax on 
the value of bank property for that year, which I have 
before shown to be $19,537,999 and that this amount 
of property held by individuals would have to pay a 
tax of 181,117—deduct the amount of taxes paid by 
the banks from the amount paid by indivfduals on the 
same amount oi property for that year and we have 
the sum of $140,384 difference, which is the load of 
taxes thrown from the shoulders of the banks to the 
shoulders of the people. Is this right? Is it just? Is 
itequality? Does it not strike at the fundamental prin¬ 
ciples upon which our government is founded? 

There is only one remedy for it, and that is to be ap¬ 
plied by the people in remodelling their Constitution. 
Fixed and immutable principles must be laid down in 
that instrument for the guidance of the Legislature in 
this matter, and heavy penalties provided for a disre¬ 
gard of them by that body. Experience has shown 
that without guards they are not to be trusted when 
brought in contact with the influence of wealth. Its 
power is great, and the people to resist it must employ 
a power equally as great. MARCUS. 

Single Districts. 

We have no hesitation in saying that we are decided¬ 
ly in favor of the single representative district system, 
and that we hope it may be made a part of any new 
constitution that may be submitted to the people for 
their approval. We believe it will be better for the 
people and better for the|representative. It will bring 
the representative into a closer and more intimate rela¬ 
tion with his constituency, and make him feel his re¬ 
sponsibility the more. He will live more in the midst 
of those on whom he relies for support; and on his 
return from his duties, will have to meet, almost daily 
or weekly at the farthest, the most of his constituents. 
That will have a most beneficial influence. In the 
first place, the people will have a better knowledge of 
a candidate’s character and capabilities for the station to 
which he aspires ; and in the second place, the repre¬ 
sentative will be more cautious how he conducts him¬ 
self in his official capacity ; he will be careful to vote 
for no measure or law that will be likely to prove inju¬ 
rious to the interests of his immediate constituency ; 
while in so far as the honor and general interests of the 
state are concerned, he will be as much the represen¬ 
tative of the whole state as he is now. 

It is a great point for the representative to under¬ 
stand the wants of his constituents, as also their true 
interests, all of which he can the more readily under¬ 
stand under the single district system than under the 
present. On the other hand, a constituency can the 
more readily understand what they themselves want, 


and what their true interests are, and be more united in 
all proper endeavors to advance them, under the single 
district system than under the present ; and what is 
equally as important, will be enabled to select their 
legislative agent with a reasonable knowledge of the 
man. Their pride to make a proper selection will be 
stimulated, while the representative’s responsibility 
will be more keenly felt by him. 

The main difficulty will be, as to how the proper di¬ 
visions of the county, entitled to more than one repre¬ 
sentative, shall be made. The constitution of New 
York provides for the election of members of the Gen¬ 
eral Assembly by single districts. The 5th section of 
the 3d article of that instrument provides that the 
members of the Assembly shall be apportioned among 
the several counties of the state by the Legislature, as 
nearly as may be, according to the number of their re¬ 
spective inhabitants, excluding aliens, and persons of 
color not taxed, and shall be chosen by single districts. 
The members of the House, are there apportioned 
among the counties—that is, the Legislature deter¬ 
mines how many members each county is entitled to, 
just as is provided for, in so many words, in our own 
state constitution, and as our Legislature apportions 
representatives among the counties. But the New 
York constitution goes further ; though five represen¬ 
tatives might be apportioned to the county of Erie,yet 
it declares that they shall be elected by single districts. 
Our constitution has no such provision, nor any pro¬ 
vision looking that way. 

The New York constitution does not stop there.— 
It declares the w r ay in which the single districts shall 
be made in each county. It directs, in the 6th section 
of the same article, that the several boards of supervi¬ 
sors in such counties as are entitled to more than one 
representative, to meet at a certain time, fixed by the 
Legislature, after the apportionment, and divide their 
county into Assembly districts, equal in inhabitants as 
possible, and of contiguous territory ; which divisions 
shall be unalterable until the next apportionment. 

It is evident to the mind of every one who has had 
any experience in a legislative body, that such a body 
is not fit to make the divisions required by the consti¬ 
tution of New York, of the county boards of supervi¬ 
sors. Such work must necessarily be left to some lo¬ 
cal board ; which board should be officers elected by 
the people of the county. The checks on the boards 
of supervisors provided by the constitution of New 
York, are good'—the districts must be equal as possible 
in the number of inhabitants—and they must be of 
contiguous territory. Whether any additional checks 
to gerrymandering can be devised, we arenot now pre¬ 
pared to say. 

We have no doubt but that sections can be framed, 
that will make the operations of the single district sys¬ 
tem practicable, just and satisfactory to the people. 

As to senatorial districts, they will have to be left to 
the Legislature to make them, except where a county 
may be entitled to two or more representatives, when 
the same board that shall be required to divide the 
county into single representative districts, can also be 
required to divide the county into senatorial districts 
also. The constitution should contain some checks ou 
the Legislature, in reference to gerrymadering senato¬ 
rial districts. 

If every county were entitled to at least one repre¬ 
sentative, we think the senatorial districts could be 
formed without the embarrassmenl that now attend 
their formation. But of that we may have occasion to 
speak hereafter ; all we designed, when we commenced 
our article, was to express our decided preference for 
the single representative district system, and to express 
the hope that it may be one day adopted as a part of 
our state constitution .—Cincinanti Enquirer. 






THE NEW CONSTITUTION. 


59 


Written for‘The New Constitution.” 
The Rights of the States, and of the People. 

Mr. Editor: —I have read, with marked attention 
and much pleasure* your remarks on the Constitutions 
of the United States aud of Ohio, in the first and second 
numbers of your “New Constitution,” and I offer for 
acceptance, or rejection, the following as a seque] 
thereto. 

The federative system adopted in the formation of 
this government, by which the great head at Washing¬ 
ton was endowed with but little power in comparison 
with that bestowed upon the slates respectively, and the 
people, forms one of the strongest ties which binds the 
Union together. At first view, to a European, the ma¬ 
chinery appears complex, yet when thoroughly under¬ 
stood, it is simple and performs its functions with all 
the regularity of clock work. 

Each state is a republic of itself, having powers se¬ 
cured to it, independent of the general government, 
and the question whether the mass of power, deemed 
necessary to secure a good and stable government, 
should be held by the general government or by the 
states, formed one of the many differences between the 
then great parties of the Union—the one party, with 
Mr. Jefferson at its head, wishing to strengthen the 
state governments and the people, while those opposed 
to the views of that great statesman, wished to place 
this power in the great central head. Fortunately, as 
events have proven, the former prevailed, and while 
other governments, based on different principles, de¬ 
rive their greatest strength from the vast power vested 
in the monarch’s head, ours derives still greater strength 
from the very weakness of the power. That a revolu¬ 
tion in Paris was a revolution in France,is a fact so often 
tested that it has passed into a proverb. And why was it 
so ? In France, the great central power is in Paris.— 
That city is the fountain of honor, of place, of power. 
The government is there, and every aspirant for official 
power flocks to the national capital. There the laws 
forall France are made—there the people naturally look 
for protection, or aggression. A revolution in Paris 
Spsets the government, and France, before one-tenth 
of her people know it, has a King forced upon her, 
or a King dethroned, and a new form of government is 
instituted. 

Our fathers, more wise, guarded against this evil.— 
They vested as little power in the general government 
as possible—well and truly defining it, and then by a 
sweepig clausen declaring that all powers not delegated 
to the United States, by the constitution, nor prohibit¬ 
ed by it to tbe states, are reserved to the states respec¬ 
tively and to the people. The framers of the constitu¬ 
tion feared the concentration of power at the seat o 
the general government, and hence wisely distributed 
it. Each state has the power of making its laws—each 
state has the power of defining what shall qualify men 
to enjoy the elective franchise, without any right of 
the Congress to interfere, even in the case of the elec¬ 


tion of its own members. Officers who, in a monar¬ 
chical government are appointed by the sovereign, are 
here elected by the only sovereign power known to our 
laws, the sovereigns who exercise the elective franchise. 
Laws which in Europe are enacted by the general Par¬ 
liament, or issued as orders in council, edicts or ukases, 
by the sovereign, are here enacted by the Legislatures 
of the different states, and though Congress is created 
for, and enjoys the law making power to some extent, 
yet it is wisely confined to objects alone appertaining to 
the welfare of the general government, and of the 
whole Union, and an infringement by Congress on 
the rights of any state, would be deemed and held 
as good cause of complaint against it, by every state, 
in the Confederacy, and the supreme court would set 
it aside as infringement on the letter and spirit of the 
constitution. 

While thus the fathers of our national constitution 
with a view to the beauty, the simplicity and the du¬ 
rability of our happy form of government, wisely 
guarded against the erection of a great central head at 
the seat of the general government, by the granting of 
power to the states, yet the framers of our state con¬ 
stitution have fallen into the error of erecting a great 
central power at the seat of the state government. In 
your last, you showed that in consequence of the great 
anxiety to rid themselves of the “ Ordinance of ’87,” 
—in consequence of the immense power it gave to the 
Governor, that the state constitution of Ohio was 
formed in haste—that because the Ordinance scarce 
gave the shadow of power to the Legislature, the fra¬ 
mers of the stcte constitution, running into the oppo¬ 
site extreme, conferred too much power upon it—giv¬ 
ing to the law making department of the state govern¬ 
ment powers not at all necessary to the proper exercise 
of its legitimate function. This evil should be reme¬ 
died, and the power of electing officers, now vested in 
the Legislature, should be exercised by the people, to 
whom this power legitimately belongs. 

As our judiciary and legislative systems are at pres¬ 
ent, the theory is, that the former is a guard upon the 
latter—the courts having the right to interpret the laws 
and to decide upon their constitutionality, and thus to 
guard the people and our rights from legislative injus¬ 
tice and legislative infringement. 

While the power is vested in the Legislature of ap¬ 
pointing our judges, the judiciary department of the 
state government is controlled by the Legislature, and 
can never take that high stand in defence of the peo¬ 
ple’s rights, that they otherwise would, and thus it is, 
that in conferring almost sovereign power on the Le¬ 
gislature, the framers of our state constitution run in 
to the very error they should have guarded against, for 
the only truly independent judiciary which can be form¬ 
ed in this country, is that elected by the highest power 
known to our government. 

Again: In the laws of 1824-25, providing for the 
first debt, for internal improvement purposes, created 







60 


THE NEW CONSTITUTION. 


by this state, power was given to the Auditor of State 
to levy taxes to meet the interest, &c. This is claimed 
by a large party in the state to be in the nature of a 
contract between the original creditors of the state and 
the people of the state, and hence is irrepealable.— 
Without at the present time going into an argument to 
show the justice or the absurdity of this plea, it is suf¬ 
ficient to know that such a plea is advanced, and 
that the Auditor of State, for near a quarter of a cen¬ 
tury, has exercised the high and sovereign power of 
taxation. He issues his orders to raise and assess a cer¬ 
tain amount on the taxable property of the state, rais¬ 
ing or decreasing the taxes of the people at pleasure. 
And to whom is he accountable ? He taxes the people, 
but he is not accountable to them, for under the con¬ 
stitution he is placed above the people, for he owes his 
election to the Legislature. To the Legislature then, 
and not to the people, he is accountable, and the wild 
and loose system of keeping accounts, which pervades 
that office, is clearly traceable to that fact. 

What earthly benefit could accrue in taking the elec¬ 
tion of this officer from the people and giving it to the 
Legislature, I never could see. True, an excuse 
might be rendered, that at the time of the formation of 
the state constitution, the state was but thinly settled, 
and the means of communication difficult, and thatthe 
men of the state, out of their own neighborhood, knew 
but little of the men of other sections, and of their pe¬ 
culiar fitness for that station—newspapers then being 
but few in the territory and with but a limited circula¬ 
tion, on account of the absence of mail facilities. The 
Legislature, consisting of members from all parts of 
the state, it was thought, could meet and canvass the 
matter, and thus be better able to make a good selec¬ 
tion than could the people at large. If this excuse was 
a valid one six and forty years ago, when the constitu¬ 
tion was formed, it is not a valid one now. Science 
has almost annihilated space, and the 2,000,000 of souls 
which it is now computed inhabit Ohio, are much bet¬ 
ter acquainted, each with the other, than were the 42,- 
156 which inhabited the state at the time the question 
of a state constitution was first agitated. Besides this, 
the newspapers of the state penetrate to every county, 
township and neighborhood—each county has its local 
press, and most of them two and many of them more, 
and no discussions are more frequent than those of the 
fitness of men for office. 

No valid reason has yet been given, and no good rea¬ 
son, it is thought, can be assigned for placing the Aud¬ 
itor of State above the reach of the people, save 
through the law making power. The same can be said 
of the Secretary and Treasurer of State. The election 
of these officers have been taken from the Legislature 
in other states, and have been given to the people, and 
those who doubted and opposed the innovation, as it 
was called, findjthe experiment works so well, that they 
are doubters no longer. 

Divest the Legislature of its power to elect officers, 


and much of its attraction is taken from it—the ceutial 
head of the state will be shorn of much of its power. 
It will then meet and pass the few and simple laws need¬ 
ed for the government of the people, and adjourn, with¬ 
out its session being agitated and its councils divided as 
to who shall be chosen to fill the various offices. 

Written for The New Constitution. 

Mr. Editor :—I have read the first No. of “ The 
New Constitution” with the greatest pleasure, noton- 
ly on account of the important subjects which will be 
brought under discussion, but I am particularly struck 
with the cheerful, hopeful spirit which seems to per¬ 
vade the new and important undertaking, indicating a 
mind buoyant and free to grapple with any and all re¬ 
forms demanded by the humane and progressive spirit 
of the times. For it is readily perceived that there is 
a light, and life, and power breathed into the move¬ 
ments of the present! indicating the era to come as one 
in which distributive justice shall pervade the social 
world, ultimating itself in the procedure of the state, 
giving to the people, so far as the institutions can affect 
it, an exalted intellectual and moral character, and 
leading to the attainment of the highest good. The 
reforms first upon the list, in point of importance, are 
those which are positively indispensible to the growth 
and happiness of man, and without which his exalted 
destiny can never be attained. 

It is to be feared that among those whose lot it may be 
to take a part in the formation of a new constitution, 
too manv will be found willing to go little farther than to 
“ reform the practice of the courts”—matters of ex¬ 
pediency and convenience, while the greater questions 
of right, upon the just settlement of which depends 
the growth and development of the commonwealth, 
rich as it is in its physical and moral resources. It is 
to be hoped that the growing perceptions of the people 
of what is right and true, will receive a substantial em¬ 
bodiment in our legislation. This stiring age, full of 
vitality, quickened and excited by the shouts of mill¬ 
ions of joyous voices, echoing all over the earth the 
anthems of liberty and right, demands, and will have, 
for Legislators of the people, men of exalted aims, of bold 
and far seeing minds, fully imbued with the great spir¬ 
it of enlightened progress, which constitutes the pres¬ 
ent, one of the grand epochs in the history of time, 
men of unwavering faith in the perfectibility of 
man, and the possibility of erecting a perfect state. 

The great problem which should be solved, before an¬ 
other generation passes away, is the question of indus¬ 
try, of labor and capital. My views upon the subject 
may be as erroneous as others, but they are earnest and 
sincere, and could I see the question settled in a man¬ 
ner demanded by every sentiment of justice and right, 
I could “depart in peace, mine eyes having seen the 
salvation” of my race. 

Admit there are many defects, in our system of ju¬ 
risprudence, and the “ practice of our courts,” causing 
needless expense and delays, yet the great masses of 
the people, the world’s producers, who have to foot all 
the expenses, have but little time to wait on the cere¬ 
monies of the courts, and if they had, what are these 
questions,'compared to those involving the great fun¬ 
damental rights of man ; rights essential to his exist¬ 
ence, and without which birth is a misfortune ? Say 
what we will, boast as we may of our “ democratic in¬ 
stitutions,” is it not a startling fact that under these 
auspices which we are accustomed to look upon as so 
benign and salutary, the constant tendency has been 
towards the concentration of capital in the hands of 
the few, with all its accumulated weight of power, 
while the many sons of toil, whose strong nerves hold 









THE NEW* CONSTITUTION. 


61 


up the productive world, remain poor " with no means 
for the adequate support of themselves and families 1 
The men who build the beautiful and costly mansions 
for the most part live in hovels! The men whose pa¬ 
tient industry has erected those beautiful monuments 
of art, and the nation's progress, and railroads, over 
which the floating palaces sweep like a thing of life, 
and form the grand links in the chain that binds the 
nation’s heart, are all footmen on the way to eternity. 
They are too poor to enjoy the luxuries their hands 
have produced for others. 

With your permission, Mr. Editor, I should like to 
continue a few remarks in subsequent numbers of your 
paper, as I have not reached the point at which I am 
aiming. Yet perhaps I ought to ask an apology for at¬ 
tempting to write any thing for the public, unaccus¬ 
tomed as I am to writing for the press. Having been 
satisfied to move in an humble sphere, “ along the cool 
sequestered vale of life,” though I have had “breath¬ 
ing thoughts” on the great humanitary movements of 
the times, before which monarchs and thrones are as 
“grasshoppers,” I have yet attempted to utter in “burn¬ 
ing words,” the joy I feel in the rising hope that the 
morning hasteneth that shall proclaim the redemp¬ 
tion of our race. M. 

Blendon, May 14, 1849. 

We would inform our worthy correspondent that 
we could not, of course, make any promises to publish 
all he might write, until we saw his articles. So far as 
they come under the general rule laid down in the first 
No. of our work, he is of course welcome, but we 
must reserve the right to judge of that after we have 
read them. This is the universal rule on all such occa¬ 
sions. 

ET The above was intended for the third No., of 
last week, but by an oversight of the compositor it 
was omitted. We add this as an explanation to the 
writer why it did not appear. 

Upper Sandusky, May 23,1849. 

To the Editor of the New Constitution : 

Dear Sir —It would seem like flattery, perhaps, to 
speak in great praise of the third numcer of “ The 
New Constitution.” It will speak its own merits to 
those who have the pleasure of perusing it. 

My attention has been drawn particularly to the ar¬ 
ticle over the signature of “ Marcus.” I should like 
to know what he is driving at. Can it be that he is sin¬ 
cere in his almost unqualified denunciations of the acts 
of the Legislature in all they have done in relation to 
internal improvements ? or that they in every case vi¬ 
olated the will of a majority of the people ? It seems 
to me such indiscriminative charges are hardly called 
for, and do not, by any means, fairly state the case, or 
correctly express public sentiment. I should fear such 
articles would arouse opposition against the proposed 
call for a convention- Can any man be so blind, as to 
sincerely declare that the construction of our public 
works have not benefitted the people, by enhancing the 
value of the taxable property of the state, and opening 
up to a great portion of the people, direct communica¬ 
tions to the markets of the world, through our eastern 
and southern outlets, to say nothing of the immense 
increase of the home market ? Suppose, for a mo¬ 
ment, Ohio had remained statu {quo —that her Legis¬ 
lature had refused to do any thing in aid of public im¬ 
provements, since the first shovel full of earth was 
thrown out of the Ohio Canal, at the memorable cele¬ 
bration upon the Licking Summit, what would be the 
contrast with things as they then were, aud now are ? 


I will leave “ Marcus ” to answer, if he can, satisfac. 
torily to himself and the people, whether, or no, he has 
not been somewhat too harsh in his remarks. Private 
enterprise may have done something, but it could have 
been but little,compared with the wants of community, 
and what has been done by the aid of the state. I 
think it would not be saying too much to affirm, that 
but for the action of the Legislature, private enterprise 
would scarce have made a market, felled a tree, or 
thrown up a shovel full of earth in any portion ot the 
state. 

As I said in the outset, I would like to know what 
“ Marcus ” is driving at. What can his remarks end 
in but repudiation ? though he repudiates such an idea. 
Our public debt is a fixed, tangible fact. It may be, 
and doubtless is, that our tax system is partial in some 
of its provisions, and should be amended. That it will 
wipe out our public debt, I have not a doubt, if kept 
on the statute as the law of the land, and the revenues 
derivable from it, fairly and economically applied to that 
purpose. That is a matter for the people to look after 
in selections for their agents, as members of the Legis¬ 
lature ; those who will see that the policy and intent 
of the law is strictly carried out, which policy and in¬ 
tent is, as was averred by its framers, the payment of 
the debt of the state. If there was hypocrisy in the 
avowal of such a purpose, as the design of the law, the 
people, now that they are almost constantly reminded, 
by the burdens of the law, for what it was professed 
mainly to be passed, can by their not forgetting theend 
they have in view, in submitting to it, enforce the pay¬ 
ment of the state debt. As the state debt has got to be 
paid, if “ Marcus ” can devise a better plan, one more 
easy to be borne, he would certainly confer a favor up¬ 
on the tax payers of the state that they would not fail 
to reward. 

I am glad to see “ Montgomery ” speak out on the 
“Venture” article. The question of negro suffrage, 
and the position they should occupy in society, is one 
of the first importance, and I hope to see Ohio set an 
example worthy the imitation of all our sister states. 

Yours truly. 


AN ACT to make arrangements for taking the seventh 
census. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, That the Secretary of State, and Attorney Gen¬ 
eral, and the Postmaster General, shall constitute and 
be a board to be styled the Census Board; that it shall 
be the duty of the said board to prepare and cause to be 
printed such forms and schedules as may be necessary 
for the full enumeration of the inhabitants of the Uni¬ 
ted States; and also proper forms and schedules for col- 
ecting in statistical tables, under proper heads, such 
information as to mines, agriculture, commerce, 
manufactures, education, and other topics, as will ex¬ 
hibit a full view of the pursuits, industry, education, 
resources of the country ; it being provided that the 
number of said inquiries, exclusive of’the enumeration, 
shall not exceed one hundred, and that the expense in¬ 
curred in preparing and printing said forms and sche¬ 
dules shall not exceed ten thousand dollars. 

Sec. 2. And be it further enacted, That the said 
board shall have power to appoint a secretary, whose 
remuneration shall be determined by Congress, upon 
the completion of the duties assigned to the board. 

Approved March 3, 1849. 

Newspapers in Minesota. —The Galena Gazette re¬ 
ports the passage by there of material for two newspa¬ 
pers for St. Pauls—one in charge of Col. J. Hughes of 
Ohio; and states that this had been the third newspa¬ 
per about being issued in the new Territory. 









62 


THE NEW CONSTITUTION. 


THE NATURALIZATION LAWS. 

(as printed in swan’s collated statutes.) 

Section 1 . Any alien, being a free white person, 
may be admitted to become a citizen of the United 
States, or any of them, on the following conditions and 
not otherwise: 

Sect. 2. First: That he shall have declared, on oath 
or affirmation, before, the supreme, superior, district or 
circuit court of some one of the states, or of the terri¬ 
torial districts of the United States, or a circuit or dis¬ 
trict court of the United States, or before the clerk of 
either of such courts, two years at least before his ad¬ 
mission, that it was, bona fide, his intention to become 
a citizen of the United States, and to renounce forever 
all allegiance and fidelity to any foreigh prince, poten¬ 
tate, state or sovereignty, whatever, and particularly, 
by name, the prince, potentate, state or sovereignty, 
whereof such alien may, at the time, be a citizen or 
subject. 

Sect. 3. From this condition are exempted, any 
alien being a free white person, who was residing with¬ 
in the limits and under the jurisdiction of the United 
States at any time between the eighteenth day of June, 
1798, and the fourteenth day of April, 1802, and who 
has continued to reside within the same. 

Sect. 4. Any alien, being a free white person or 
minor, under the age of twenty-one years, who shall 
have resided in the United States three years next pre¬ 
ceding his arrival at the age of twenty-one years, and 
who shall have continued to reside therein to the time 
he may make application to be admitted to a citizen 
thereof, may, after he arrives at the age of twenty-one 
years, and after he shall have resided five years within 
the United States, including the three years of his mi¬ 
nority, be admitted a citizen of the United States, with¬ 
out having made the declaration required in the second 
section, three years previous to his admission : But, 
6uch alien shall make the declaration required therein, 
at the time of his or her admission ; and shall further 
declare, on oath, and prove to the satisfaction of the 
court, that, for three years next preceding, it has been 
the bona fide intention of such alien to become a citi¬ 
zen of the United States ; and shall, in all other re¬ 
spects, comply with the laws in regard to naturalization. 

Sect. 5. When any alien, who shall have complied 
with the condition specified in section second, and who 
shall have pursued the directions prescribed in the second 
section of the act of April 14, 1802, may die, before he 
is actually naturalized, the widow and children of such 
alien shall be considered as citizens of the United States, 
and shall be entitled to all rights and privileges as such, 
upon taking the oaths prescribed by law. 

Sect. 6. An alien shall, at the time of his applica¬ 
tion to be admitted, declare, on oath or affirmation, be¬ 
fore some one of the courts aforesaid, that he will sup¬ 
port the constitution of the United States, and that he 
doth absolutely and entirely renounce and abjure all al¬ 
legiance and fidelity to every foreign prince, potentate, 
state or sovereignty, whatever, and particularly by 
name, the]prince, potentate, state or sovereignty, where¬ 
of he was before a citizen or subject; which proceedings 
shall be recorded by the clerk of the court. 

Sect. 7. The court admitting such alien shall be 
satisfied that he has resided within the United States 
five years, at least, and within the state or territory 
where such court is at the time held, one year, at least; 
and it shall further appear to their satisfaction that, du¬ 
ring that time, he has behaved as a man of good moral 
character, attached to the principles of the constitution 
of the United States, and well disposed to the good or¬ 
der and happioess of the same. The oath of the ap¬ 
plicant shall, in no case, be allowed to prove his resi¬ 
dence. 


Se«t. 8. In case the alien, applying to be admitted 
to citizenship, shall have borne any hereditary title, or 
been any of the orders of nobility in the kingdom or 
state from which he came, he shall, in addition to the 
above requisites, make an express renunciation of his 
title or order of nobility, in the court to which his ap¬ 
plication shall be made, which renunciation shall be re¬ 
corded in the said court: Provided, that no alien, who 
shall be a native citizen, denizen or subject of any 
country, state or sovereign, with whom the United 
States shall be at war, at the time of his application, 
shall be then admitted to be a citizen of the United 
States. 

Sect. 9. But persons resident within the United 
States or the territories thereof, on the eighteenth day 
of June, in the year one thousand eight hundred and 
twelve, who had, before that day, made a declaration, 
according to law, of their intention to become citizens 
of the United States; or who, by the existing laws of the . 
United States, were, on that day,entitled to become cit¬ 
izens, without making such declaration, may be admit¬ 
ted to become citizens thereof, notwithstanding they 
shall be alien enemies, at the times, and in the manner 
prescribed by the laws heretofore passed on that sub¬ 
ject: provided, that nothing herein contained, shall be 
taken or construed to interfere with, or prevent the ap¬ 
prehension and removal, agreeably to law, of any alien 
enemy, at any time previous to the actual naturaliza¬ 
tion of such alien. 

Sect. 10. Any alien being a free white person, who 
was residing jvithin the limits, and under tbe jurisdic¬ 
tion of the United States, between the fourteenth day 
of April, one thousand eight hundred and two, and the 
eighteenth day of June, one thousand eight hundred 
and twelve, and who has continued to reside within the 
same, may be admitted to become a citizen of the United 
States, without having made any previous declaration 
of his intention to become a citizen; provided, that 
whenever any person, without a certificate of such dec¬ 
laration of intention, shall make application to be ad¬ 
mitted a citizen of the United States, it shall be proved 
to the satisfaction of the court, that the applicant was 
residing within the limits, and under the jurisdiction of 
the United States, before the eighteenth day of June, 
one thousand eight hundred and twelve, and has contin¬ 
ued to reside within the same, or he shall not be so ad¬ 
mitted: and the residence of the applicant within the 
limits, and under the jurisdiction of the United States, 
for at least five years immediately preceding the time 
of such application, shall be proved by the oath or af¬ 
firmation of citizens of the United States; which citi¬ 
zens shall be named in the record as witnesses: and such 
continued residence within the limits, and under the ju¬ 
risdiction of the United States, when satisfactorily 
proved, and the place or places where the applicant has 
resided, for at least five years, as aforesaid, shall be stat¬ 
ed and set forth, together with the names of such citi¬ 
zens, in the record of the court, admitting the applicant; 
otherwise the same shall not entitle him to be consider¬ 
ed and deemed a citizen of the United States. 

Sec. 11. Nothing in the foregoing section ten con¬ 
tained, shall be construed to exclude from admission to 
citizenship, any free white person who was residing 
within the limits and under the jurisdictson of the 
United States at any time between the eighteenth day 
of June, one thousand seven hundred and ninety-eight, 
and the fourteenth day of April, one thousand eight 
hundred and two, and who, having continued to reside 
therein without having made any declaration of inten¬ 
tion before a court of record as aforesaid, may be enti¬ 
tled to become a citizen of the United States, according 
j to section three. Wheneverany person, without a certifi- 
[ cate of such declaration of intention as aforesaid, shall 








THE NEW CONSTITUTION. 


63 


make application to be admitted a citizen of the United 
States, it shall be proved to tile satisfaction of the court, 
that the applicant was residing wi thin the limitsand under 
the jurisdiction of the United States, before the four¬ 
teenth day of April, one thousand eight hundred and 
two, and has continued to reside within the same, or 
he shall not be so admitted. And the residence of the 
applicant within the limits and under the jurisdiction 
of the United States, for at least five years immediate¬ 
ly preceding the time of such application, shall be 
proved by the oath or affirmation of citizens of the 
United States; which citizens shall be named in the re¬ 
cord as witnesses. And such continued residence with¬ 
in the limits and under the jurisdiction of the United 
States, when satisfactorily proved, and the place or pla¬ 
ces where the applicant has resided for at least five years, 
as aforesaid, shall be stated and set forth, together with 
the names of such citizens, in the record of the court 
admitting the applicant: otherwise the same shall not 
entitle him to be considered and deemed acitizen of the 
United States. 

Sect. 12. The children of persons duly natural¬ 
ized under any of the laws of the United States, or 
whtf, previous to the passing of any law on that subject, 
by the government of the United States, may have be¬ 
come citizens of any one of the states, under the laws 
thereof, being under the age of twenty one years, at 
the time of their parents’ being so naturalized or ad¬ 
mitted to the rights of citizenship, shall, if dwelling in 
the United States, be considered as citizens of the Uni¬ 
ted States; and the children of persons who now are, or 
have been citizens of the United States, shall, though 
born out of the limits and jurisdiction of the United 
States, be considered as citizens of the L nited 
States. The right of citizenship shall not descend to 
persons whose fathers have never resided within the 
United States: And no person heretofore proscribed by 
any state, or who has been legally convicted of having 
joined the army of Great Britain during the war of the 
revolution, shall be admitted a citizen, without the con¬ 
sent of the legislature of the state in which such per¬ 
son was proscribed Children of persons naturalized 
before the fourteenth of April, 1802, under age at the 
time of their parents’ naturalization, were if dwelling 
in the United States on the fourteenth of April, 1802, 
to be considered as citizens of the United States. 

Sect. 13. Any alien who was residing within 
the limits, and under the jurisdiction of the United 
States, before the twenty-ninth day of January, one 
thousand seven hundred and ninety-five, may be admit¬ 
ted to become acitizen, on due proof made to some one of 
the courts aforesaid, that he has resided twoyearsatleast, 
within and under the jurisdiction of the United States, 
and one year, at least, immediately preceding his ap¬ 
plication, within the state or lerritory where such court 
is at the time held; and on his declaring on oath or af¬ 
firmation, that he will support the constitution of the 
United States, and that he doth absolutely and entirely 
renounce and abjure all allegiance and fidelity to any 
foreign prince, potentate, state or sovereighty, whereof 
he was before a citizen or subject: and, moreover, on its 
appearing to the satisfaction of the court that, during 
the said term of two years, he has behaved as a man of 
good moral character, attached to the constitution of 
the United States, and well disposed to the good order 
and happiness of the same; and where the alien, apply¬ 
ing for admission to citizenship, shall have borne any 
hereditary title, or been of any of the orders of nobility 
in the kingdom or state from which he came, on his 
moreover making, in the court, an express renunciation 
of his title or order of nobility, before he shall be en¬ 
titled to such admission: all of which proceeding re¬ 
quired in this proviso to be performed in the court, 
shall be recorded by the clerk thereof. 


Sect. 14. Every court of record, in any individual 
state, having common law jurisdiction, and a seal, and 
clerk or prothonotary, shall be considered as a district 
court, within the meaning of the naturalization act ; 
and every alien, who may have been naturalized in any 
such court, shall enjoy the same rights and privileges, 
as if he had been naturalized in a district or circuit 
court of the United States. 

Sect* 15. No person who shall arrive in the United 
States, after February the seventeenth, 1815, shall be 
admitted to become a citizen of the United States, who 
shall not, for the continued term of five years next pre¬ 
ceding his admission, have resided within the United 
States, without being at any time during the said five 
years, out of the territory of the United States. 

GEORGIA. 

From the Albany (Ga.) Patriot. 

State Policy. 

Election of Judgis by the People—Result of the experiment 

in Mississippi. 

On the subject of electing the judges of our courts, 
as well as all other officers under our government, we 
shall be content to array reasons, founded in correct 
principles, and facts, derived from experience, against 
the sneers or the assertions of those who doubt and de¬ 
ny the ability of the people to exercise, properly, this 
most important function of self-government. But to 
whom shall we appeal to decide between us ? If the 
people are incompetent to elect those judges, they are 
certainly incompetent to decide this question ; and we 
suppose that it was upon this principle that the last 
session of the Legislature refused to submit the question 
to the people. Will the Savannah Republican tell us 
who shall decide ? The Legislature ? If they are 
more honest and intelligent—more competent to select 
these officers than the people are, why are they not 
more competent to select all other officers, and to exer¬ 
cise all the functions of supreme power ? If this be 
true, why not declare the Legislature supreme, and per¬ 
petual, and relieve the people from their bungling in¬ 
terference with things for which they are not compe¬ 
tent ? This is the inevitable conclusion to which any 
argument would lead, which would prove that the peo¬ 
ple are incapable of electing their judges. But the 
people are still sovereign in fact as well as in theory, and 
it is to them that the friends of popular rights will ap¬ 
peal for the desision of this important question. The 
people will demand that the next Legislature shall ei¬ 
ther pass a law resigning the election of judges into the 
hands of the people from whom they have in part 
usurped the authority, or, that they shall provide for 
submitting it to them to be decided at the ballot box. 

The facts set forth in the following article show that 
the experiment of electing judges by the people in the 
state of Mississippi, has triumphantly vindicated the 
wisdom of the policy there, as it has in every other 
state where it has been tried. One such fact ought to 
be sufficient to render powerless all the sneers, the 
doubts, and the assertions of the enemies of popular 
rights: 

“ The state of Mississippi was the first to make the 
experiment of an elective judiciary. When this feature 
was engrafted upon her constitution, we well recollect 
that, in all parts of the country, it was regarded as in¬ 
novation upon long established principles, from which 
the worst consequences were to be anticipated. With 
scarcely a dissenting voice, in other states, it was de¬ 
nounced as a blow struck at the independency of the 
judiciary—as a policy which would inevitably lead to 
the desecration of the halls of justice, by servile and 
pliant judges. It was not shown that a sense of re¬ 
sponsibility to the people led to corruption in other offi- 






64 


THE NEW CONSTITUTION. 


ces ; but it seems to be taken tor granted, that a seat 
on the bench could not be dependent upon the popular 
will without wholly unfitting the occupant for the dis¬ 
charge of his solemn duties. Chancellor Kent, in no¬ 
ticing this peculiarity of our constitution, remarked in 
his commentaries, in evident disapprobation of it, that 
it was carrying the democratic principle beyond all pre¬ 
cedent in this country. In the argument of the cele 
brated case of Graves vs. Slaughter, in 15th Peters, one 
of the eminent counsel, who appeared for the plaintiff, 
sought to invalidate the authority of the judicial decis¬ 
ions in this state, by referring to the anomalous fact, 
that we had an elective judiciary, and that therefore 
those opinions were entitled to no weight. In such ab¬ 
horrence, indeed, did he seem to hold this overthrow of 
sanctified usage, that he ‘ hoped never to live in a state 
where judges were elected, and where the period for 
which they held their office was limited, so that elec¬ 
tions should be constantly recurring.’ In the/ace of all 
this opposition, our experiment has been carried ; and 
triumphantly has its wisdom been vindicated by its 
fruits. We can safely say, that never was there a time 
in our state when justice was administered with greater 
despatch, sterner impartiality, or more to the public 
satisfaction. And weare rejoiced to see that, in other 
states, ancient prejudices are gradually yielding to what 
we consider sounder and certainly more republican 
views of the proper tenure of judicial office- In the 
great state of New York, notwithstanding the high re¬ 
spect entertained for the well known opinions of their 
Chancellor, the elective principle, in the judicial sys¬ 
tem, has been made a part of the organic law, by an 
immense majority of the people ; and as far as we are 
able to judge of the public sentiment in that state, and 
by what we see in the public papers, there would seem 
to be no doubt that the practical working of the new 
constitution is universally approved. In the late an¬ 
nual message of the Governor of Ohio, we find a strong 
recommendation that the constitution should be so 
changed as to provide for the election of all officers by 
the people. And it is more than probable that when 
the convention meets to remodel the constitution of 
that state in which the distinguished gentleman to 
whom we have alluded above resides, one of the reforms 
agreed upon will be an adoption of the Mississippi 
principle, with respect to the election of the judiciary. 
We hope that his life may long be spared, to see the 
laws of his state administered by judges responsible to 
the people, and chosen by them at ‘ constantly recurring 
elections' Should the result be the same there as they 
have been elsewhere, we would anticipate with confi¬ 
dence that the reform would receive even his sanction 
and approval.”— Mississippian. 

O’ The amended Code of New York has been pub¬ 
lished. The most important changes, according to the 
Albany Atlas, are: dispensing with the service of a co¬ 
py of the complaint at the time of summoning the de¬ 
fendant; dispensing with the depositions of witnesses 
who reside more than a hundred miles from the place 
of trial; requiring instead their personal attendance 
from any part of the State; and giving over to thejudg 
es the power to determine when and how long they 
shall hold their court. 

Awakening Interest. 

We are pleased to find that every day is awakening a 
new interest in reference to the formation of a New 
Constitution. It is not confined either to the politician 
or the legal profession, but the farmer and the mechan¬ 
ic show equal interest in the framing of a new guar¬ 
antee of their rights, as we have some substantial evi¬ 
dences. This is exactly as it should be, and we hope 
the same spirit may increase in energy. 


AN ACT 

To give additional security to land titles in this State. 

Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That the several courts of chancery in 
this State shall be authorized and empowered to cor¬ 
rect, amend and relieve against any errors, mistakes, 
or defects occurring in the deed or other conveyance of 
any husband and wife, hereafter to be executed and in¬ 
tended to convey or encumber the lands or estate of 
the wife, or her right of dower in the hands of her hus¬ 
band, in the same manner and to the same extent as 
the said courts are or shall be authorized or empower¬ 
ed to correct errors, mistakes, defects in the deeds or 
conveyances of any other persons. 

Sec. 2. That no action of ejectment or other action 
for the recovery of lands or tenements, shall be brought 
against any person claiming under or by virtue of any 
judicial sale, or any sale of forfeited or other lands for 
taxes, except within seven years after open and notorious 
possession taken and continued by the defendent or the 
person or persons under whom he may or shall claim. 
And every sale of lands or tenements under any judge¬ 
ment, decree or order of a court of competent jurisdic¬ 
tion, whether made by a sheriff, coronor, marshal, exe¬ 
cutor, administrator, or master in chancery, shall be deem¬ 
ed a judicial sale within the meaning of this act. But all 
persons, whose right of action shall or may have occur¬ 
red before the passage of this act, shall be at liberty to 
bring their actions at any time within five years after 
the passage of this act, although the term of seven years 
herein before limited, may have previously expired. And 
if any person shall be an infant, or feme covert, or in¬ 
sane, or imprisioned at the time of the adverse entry, 
he or she shall be entitled to bring his or her action 
and time within five years after his or her disability 
shall have been removed: Provided, that nothing here¬ 
in contained shall, in any case, be construed to extend 
the time for bringing any action for recovery of lands 
or tenements beyond the period limited in the second 
section of the act, or the limitation of actions, passed 
February 18, 1831. 

Sec. 3. That every county auditor hereafter deliver¬ 
ing any certificate of purchase of forfeited lands, or 
other lands sold for taxes, shall immediately on bis dup¬ 
licate, transfer the same into the name of the purchaser, 
charging therefor the sum of ten cents, which shall be 
considered part of the expences of the sale. And if any 
county auditor shall neglect to make such transfer he 
shall be liable to an action by any person injured there¬ 
by as for a neglecl of official duty. 

Sec. 4 This act shall take effect and be in force from 
and after the first day of April next. 

JOHN G. BRESLIN. 

Speaker of the House of Representatives. 

BREWSTER RANDALL, 

• Speaker of the Senate. 


The Canal Lands sold at Chicago, Ill., on the 10th, 
above the appraisement, and over $55,000 worth was 
disposed of the first day. 

THE NEW CONSTITUTION. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ «• <« 10 00 

IT All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

O’ Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 










THE NEW CONSTITUTION. 

“power is always stealing from the many to the few.” 


Yol. I. Columbus, Ohio, Saturday, June 2, 1849. No. 5. 


Postage. —The postage on this work is the same as 
on a newspaper. 

Laws. 

This number contains a number of laws that will be 
found of importance. The law of Congress in rela¬ 
tion to Fugitives from Justice is in this number. It 
is the law under which runaway slaves are claimed, 
and about which there has of late years been much 
controversy and some judicial differences of opinion. 

It may be found of value for references hereafter. 

The Ohio election law is also in this number, and it 
will be a subject of much importance to decide wheth¬ 
er some of its provisions, or others to meet the case 
should not be engrafted in the next Constitution of our 
State. 

Virginia and a Reform of her Constitution. 

We notice in the Wheeling papers the proceedings of 
a meeting held in Western Virginia, for a Convention 
to reform the Constitution of that State. The pro¬ 
ceedings are marked by ability, calmness and determin¬ 
ation, and as nothing but right and justice upon the 
republican theory appears to be asked for, we hope 
they may be entirely and speedily successful. 

“Per Curia,” in this No. of our work makes some 
suggestions worthy of public attention—we are pleased 
that he promises to carry them on further. 

Election of Judges by the People. 

The American Law Journal for May, 1849, contains 
an article from an eminent member ol the bar of Penn¬ 
sylvania, in favor of this measure of reform. The ed¬ 
itor of the Law Journal introduces the article by re¬ 
marking that, 

“When the Judges derive their authority immedi¬ 
ately from the people, and can take an appeal to the 
same paramount power, the tear of removal by address, 
for resisting Legislative usurpations, will no longer ex¬ 
ist, and we shall probably hear less of the validity of 
retrospective acts destroying vested rights—of Legis¬ 
lative reversals of judgments without notice to the par¬ 
ties—and of other usurpations of judicial power, un¬ 
der the new definition of law that it is a rule proscribed 
instead of being prescribed. It is a prevalent opinion 
that the present judicial tenure has failed to secure ei¬ 
ther the independence of the judiciary or the rights of 
the people.” 

Heretofore in the discussions on this subject, the op¬ 
position'to this reform has come from the legal pro¬ 
fession. This opposition is now gradually giving way 
before the light of free discussion. 


THE TERRITORIAL GOVERNMENT OF 
MINNESOTA. 

Below we give the law of Congress, approved March 
3, 1849, for the government of Minnesota, erected into 
a territory by that act. 

Minnesota Territory is formed out of that portion 
of what was once known as the Territory N. W. of 
the river Ohio, not embraced within the territory of 
the States of Ohio, Indiana, Illinois, Michigan and Wis¬ 
consin, added to a portion of the territory acquired by 
Mr. Jefferson by the treaty of April 30, 1803, in the 
purchase of Louisiana. 

In the 3d No. of “The New Constitution,” we gave 
the “Ordinanceof 1787,” the law under which the first 
Territorial government was organized, and w r e now 
give that of Minnesota, the law under which the last 
territorial government is erected. A careful reading of 
the two, will show the progress which has been made 
in cairying out the true principles of Republican gov¬ 
ernment. The “Ordinance of ’87” vested almost mo¬ 
narchical power in the hands of the Governor, fearing 
to trust the people,—the law for the government of 
Minnesota confers the greater portion of this power on 
the people and their immediate representatives. The two 
laws furnish a striking contrast, and are worthy of 
frequent study, as showing a marked difference between 
congressional legislation for the teritories now, and in 
1787, in the enlarged liberties of the people and in 
the broader acknowledgement of their capacity for 
self-government: 

AN ACT to establish the territorial government of 
Minnesota. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That, from and after the passage of this act, all that part 
of the territory of the United States which lies within 
the following limits, to wit: beginning in the Mississip¬ 
pi river, at the point where the line of forty-three de¬ 
grees and thirty minutes of north latitude crosses the 
same, thence running due west on said line, w'hich is 
the northern boundary of the State of Iowa, to the 
northwest corner of the said State of Iowa, thence 
southerly along the western boundary of said State to 
the point where the said boundary strikes the Missouri 
river, thence up the middle of the main channel of the 
Missouri river to the mouth of the Whiteearth river 
thence up the middle of the main channel of the 
Whiteearth river, to the boundary line between the 
possessions ,[of the United States and Great Brit¬ 
ain; thence east and south of east along the boun¬ 
dary line between the possessions of the United 
States and Great Britain to Lake Superior; thence 
in a straight line to the northernmost point of the 


























66 


I HE NEW CONSTITUTION. 


State of Wisconsin in Lake Superior; thence along 
the western boundary line of said State of Wisconsin 
to the Mississippi river; thence down the main channel 
of said river to the place of beginning, be, and the same 
is hereby erected into a temporary government by the 
name of the Territory of Minnesota; Provided, That 
nothing in this act contained shall be construed to in¬ 
habit the government of theUnitjd States from divi¬ 
ding said Territory into two or more territories, in such 
manner and at such times as Congress shall deem con¬ 
venient and proper, or from attaching any portion of 
said territory to any other State or Territory of the 
United States. 

Sec. 2. And be it further enacted, That the Execu¬ 
tive power and authority in and over said Territory of 
Miuesota shall be vested in a governor, who shall hold 
his office for four years, and until his successor shall be 
appointed and qualified, unless sooner removed by the 
President of the United States. The governor shall re¬ 
side within said Territory, shall be commander in-chief 
of the mihta thereof, shall perform the duties and re¬ 
ceive the emoluments of superintendent of Indian af¬ 
fairs; he may grunt pardons for offences against the 
laws of said Territory, and reprieves for offences against 
the laws of the United Slates, until the decision of the 
President can be made known thereon; he shall com¬ 
mission all officers who shall be appointed to office un¬ 
der the laws of the said Territory, and shall take care 
that the laws be faithfully executed. 

Sec. 3. And be it further enacted, That there shall be 
a Secretary of said Territory, who shall reside therein, 
and hold his office for four years, unless sooner remov¬ 
ed by the President of the United States; he shall re¬ 
cord and preserve all the laws and proceedings of the 
legislative assembly hereinafter constituted, and all the 
acts and proceedings of the governor in his executive 
department; be shall transmit one copy of the laws 
and one copy of the executive proceedings, on or before 
the tirst day of December in each year, to the President 
of the United States, and, at the same time, two copies 
of the laws to the Speaker of the House of Represen¬ 
tatives, and President of the Senate,for the use of Con¬ 
gress. And in case of the death, removal, resignation, 
or necessary absence of the governor from the Territo¬ 
ry, the Secretary shall be, and he is hereby, authorized 
and required to execute and perform all the powers and 
duties of the governor during such vacancy or necessa¬ 
ry absence, or until another governor shall be duly ap¬ 
pointed to fill such vacancy. 

Sec. 4. And be it further enacted, That the legisla¬ 
tive power and authority of said Territory shall be ves¬ 
ted in the governor and a legislative assembly. r Ihe 
legislative assembly shall consist of a council and 
house of representatives. The council shall consist of 
nine members, having the qualifications of voters as 
hereinafter prescribed, whose term of service shall con¬ 
tinue two years. The house of representatives shall, 
at its firstsession, consist of eighteen members, posses¬ 
sing the same qualifications as prescribed for members 
of the council, and whose term of service shall con¬ 
tinue one year. The number of councillors and rep¬ 
resentatives may be increased by the legislative assem¬ 
bly from time to time, in proportion to the increase of 
population: Provided, That the whole number shall 
never exceed fifteen councillors and thirty-nine repre¬ 
sentatives. An apportionment shall be made, as near¬ 
ly equal as practicable, among the several counties or 
districts, for the election of the council and represen¬ 
tatives, giving to each section of the Territory represen¬ 
tation in the ratio of its population, Indians excepted, 
as nearly as may be. And the members of the council 
and of the house of representatives shall reside in, and 
be inhabitants of, the district for which they may be 
elected respectively. Previous to the first election, the 


governor shall cause a census or enumeration of the 
inhabitants of the several counties and districts of the 
Territory to be taken,and the first election shall be held 
at such time and places, and be conducted in such 
manner as the governor shall appoint and direct; and 
he shall, at the same time, declare the number of mem¬ 
bers of the council and house of representatives to 
which each of the counties or districts shall be entitled 
under this act. The number of persons authorized to 
be elected having the highest number of votes in each 
of said council districts for members of the council 
shall be declared by the governor to be duly elected to 
the council; and the person or persons authorized to be 
elected having the greatest number of votes for the 
house of representatives, equal to the number to which 
each county or district shall be entitled, shall be declar¬ 
ed by the governor to be duly elected members of the 
house of representatives: Provided, That in case of a 
tie between two or more persons voted for, the govern¬ 
or shall order a new election to supply the vacancy 
made by such tie. And the persons thus elected to the 
legislative assembly shall meet at such place, and on 
such day, as the governor shall appoint; but thereafter, 
the time, place, and manner of holding and conducting 
all election by the people, and the apportioning the 
representation in the several counties or districts to the 
council and house of representatives according to the 
population, shall be prescribed by law, as well as the 
day of the commencement of the regular sessions of 
the legislative assembly: Provided, That no one session 
shall exceed the term of sixty days. 

Sec. 5. And be it further enacted, That every frie 
white male inhabitant above the age of twenty-one 
years, who shall have been a resident of said Territory 
at the time of the passage of this act, shall be entitled 
to vote at the first election, and shall be eligible to any 
office within the said Territory ; but the qualifications 
of voters and of holding office, at all subsequent elec¬ 
tions, shall be such as shall be prescribed by the legis- 
tive assembly : Provided, That the right of suffrage 
and of holding office shall be exercised only by citizens 
of the United States, and those who shall have declared, 
on oath, their intention to become such, and shall have 
taken an oath to support the constitution of the United 
States and the provisions of this act. 

Sec. 6. And belt further enacted, That the legislative 
power of the Territory shall extend to aU rightful sub¬ 
jects of legislation, consistent with the constitution of 
the United States and the provisions of this act; but no 
law shall be passed interfering with the primary dispo¬ 
sal of the soil ; no tax shall be imposed upon the pro¬ 
perty of the United States ; nor shall the lands or oth¬ 
er property of non-residents be taxed higher than the 
lands or other property of residents. All the laws 
passed by the legislative assembly and governor shall 
be submitted to the Congress of the United States, and 
if disapproved, shall be null and of no effect. 

Sec. 7. And be it further enacted. That all township, 
district and county officers, not herein otherwise provi¬ 
ded for, shall be appointed or elected, as the case may 
be, in such manner as shall be provided by the govern¬ 
or and legislative assembly of the Territory of Mine- 
sota. The governor shall nominate, and, by and with 
the advice and consent of the legislative council, ap¬ 
point all officers not herein otherwise provided for ; and 
in the first instance the governor alone may appoint all 
said officers, who shall hold their offices until the end 
of the next session of the legislative assembly. 

Sec. 8. And be it further enacted, That no member 
of the legislative assembly shall hold or bo appointed 
to any office which shall have been created, or the sal¬ 
ary or emoluments of which shall have been increased 
while he was a member, during the term for which he 
was elected, and for one year after the expiration of 







THE NEW CONSTITUTION. 


67 


such term ; and no person holding a commission or 
appointment under the United States, except postmas¬ 
ters, shall be a member of the legislative assembly, or 
shall hold any office under the government of said Ter¬ 
ritory. 

Sec. 9. And be it further enacted, That the judicial 
power of said Territory shall be vested in a supreme 
court, district courts, probate courts, and in justices of 
the peace. The supreme court shall consist of a chief 
justice and two associate justices, any two of whom 
shall constitute a quorum, and who shall hold a term 
at the seat of government of said Territory annually, 
and they shall hold their offices during the period of 
four years. The said Territory shall be divided into 
three judicial districts, and a district court shall he held 
in each of said districts by one of the justices of the 
supreme court, at such times and places as may b; pre¬ 
scribed by law ; and the said judges shall,after their ap¬ 
pointments, respectively, reside in the disiricts which 
shall be assigned them. The jurisdiction of the several 
courts herein provided for, both appellate and original, 
and that of the probate courts and of justices of the 
peace, shall be as limited by law : Provided, That the 
justices of the peace shall not have jurisdiction of any 
matter in controversy when the title or boundaries of 
land may be in dispute, or where the debtor sum claim¬ 
ed shall exceed one hundred dollars; and the said su¬ 
preme and district courts, respectively, shall possess 
chancery as well as common law jurisdiction. Each 
district court, or the judge thereof, shall appoint its 
clerk, who shall also be the register in chancery, and 
shall keep his office at the place where the court may 
be held. Writs of error and appeals from the final de 
cisions of said supreme court shall be allowed and may 
be taken to the Supreme Court of the United States, 
in the same manner and under the same regulations as 
from the circuit courts of the United States, where the 
value of the property or the amount in controversy, to 
be ascertained by the oath or affirmation of either par¬ 
ty, or other competent witness, shall exceed one thou¬ 
sand dollars ; and each of the said district courts shall 
have and exercise the same jurisdiction, in all cases 
arising under the constitution and laws of the United 
States, as is vested in the circuit and district courts of 
the United States ; and the first six days of every term 
of said courts, or so much thereof asshall be necessary, 
shall be appropriated to the trial of causesarising under 
the said constitution and laws ; and writs of error and 
appeal all in such cases shall be made to the supreme 
court of said Territory, the same as in other cases. 
The said clerk shall receive, in all cases, the same fees 
which the clerks of the district courts of the late Wis¬ 
consin Territory received for similar services. 

Sec. 10. And be it further enacted, That there shall 
be appointed an attorney for said Territory, who shall 
continue in office for four years, unless sooner removed 
by the President, and who shall receive the same fees 
and salary as the attorney of the United States for the 
late Territory of Wisconsin received. There shall also 
be a marshall for the Territory appointed, who shall 
hold his office for four years, unless sooner removed by 
the President,and who shall execute all processes issu¬ 
ing from the said courts, when exercising their juris¬ 
diction as circuit and district courts of the United 
States ; he shall perform the duties, be subject to the 
dame regulation and penalties, and be entitled to the 
same fees, as the marshall of the district court of the 
United States for the late Territory of Wisconsin ; and 
shall, in addition, be paid two hundred dollars annually 
as a compensation for extra services. 

Sec. 11. And be it further enacted, That the gover¬ 
nor, secretary, chief justice, and associate justices, at¬ 
torney and marshal, shall be nominated, and, by and 
with the advice and consent of the Senate, appointed 


by the President of the United States. The governor 
and Secretary to be appointed as aforesaid shall, before 
they act as such, respectively take an oath or affirma¬ 
tion, before the district judge, or some justice of the 
peace in the limits of said Territory, duly authorized 
to administer oaths and affirmations by the laws now 
in force therein, or before the chief justice or some as¬ 
sociate justice of the Supreme Court of the. United 
States, to support the constitution of the United States 
and faithfully to discharge the duties of their respec¬ 
tive offices; which said oaths, when so taken, shall be 
certified by the person by whom the same shall have 
been taken, and such certificates shall be received and 
recorded by the said secretary among the executive pro¬ 
ceedings; and the chief justice and associate justices, 
and all other civil officers in said territory, before they 
act as such, shall take a like oath or affirmation, before 
the said governor or secretary, or some judge or justice 
of the peace of the Territory, who may be duly com¬ 
missioned and qualified, which said oath or affirmation 
shall be certified and transmitted by the person taking 
the same, to the secretary, to be by him recorded as 
aforesaid and afterwards, the like oath or affirmation 
shall be taken, certified, and recorded in such manner 
and form as may be prescribed by law. The governor 
shall receive an annual salary of fifteen hundred dollars 
as governor, ond one thousand dollars as superintendent 
of Indian affairs. The chief justice and associate jus¬ 
tices shall each receive an annual salary of eighteen 
hundred dollars. The secretary shall receive an annu¬ 
al salary of eighteen hundred dollars. The said sala¬ 
ries shall be paid quarter-yearly, at the treasury of the 
United States. The members of the legislative assem¬ 
bly shall be entitled to receive three dollars each per 
day during their attendance at the sessions thereof,and 
three dollars each for every twenty miles travel in go¬ 
ing to and returning from the said sessions, estimated 
according to the nearest usually travelled route. There 
shall be appropriated, annually, the sum of one thou¬ 
sand dollars, to be expended by the governor to defray 
the contingent expenses of the Territory; and there 
shall al«o be appropriated, annually, a sufficient sum to 
be expended by the secretary of the Territory, and up¬ 
on an estimate to be made bv the Secretary of the 
Treasury of the United States, to defray the expenses 
of the legislative assembly, the printing of the laws 
and other incidental expenses; and the Secretary of the 
Territory shall annually account to the Secretary of the 
Treasury of the United Stales for the manner in which 
the aforesaid sum shall have been expended. 

Sec. 12. And be it further enacted, That the inhab¬ 
itants of the said Territory shall be entitled to all the 
rights, privileges, and immunities heretofore granted 
and secured to the Territory of Wisconsin and to its in¬ 
habitants; and the laws in force in the Territory of 
Wisconsin at the date of the admission of the State of 
Wisconsin shall continue to be valid and operative 
therein, so far as the same be not incompatible with the 
provisions of this act, subject nevertheless, to be alter¬ 
ed, modified, or repealed, by the governor and legisla¬ 
tive assembly of the said Territory of Minnesota; and 
the laws of the United States are hereby extended over 
and declared to be in force in said Territory, so far as 
the same, or any' provision thereof, mav be applicable. 

Sec. 13. And be it further enacted, That the legisla¬ 
tive assembly of the Territory of Minnesota shall hold 
its first session at Saint Paul; and at said first session 
tho governor and legislative assembly shall locate and 
establish a temporary seat of government for said Ter¬ 
ritory'at such place as they may deem eligible; and 
sfudl. at such time as they shall see proper, prescribe by¬ 
law the manner of locating the permanent seat of gov¬ 
ernment of said Territory by a vote of the people.— 
And the sum of twenty thousand dollars, out of any 





6S 


THE NEW CONSTITUTION. 


money in the treasury not otherwise appropriated, is 
hereby appropriated and granted to said Territory of 
Minnesota, to be applied, by the governor and legisla¬ 
tive assembly, to the erection of suitable public buil¬ 
dings at the seat of government. 

Sec. 14- And beit further enacted, That a delegate 
to the House of Representatives of the Un.ted States, 
to serve for the term of two years, may be elected by 

the voters qualified to elect members of the legislative 

assembly, who shall be entitled to the same rights and 
priveleges as are exercised and enjoyed by the delegates 
from the several other Territories of the United States 
to the said house of Representatives. The first elec¬ 
tion shall be held at such times and places, and be con¬ 
ducted in such manner, as the governor shall appoint 
and direct; and at all subsequent elections, the times, 
places, and manner of holding the elections shall be 
prescribed bv law. The person having the greatest 
number of votes shall be declared by the governor to 
be duly elected, and a certificate thereof shall be given 
accordingly. 

Sec. 15. And be it further enacted, That all suits, pro¬ 
cess, and proceedings, civil and criminal, at law and in 
chancery, and all indictments and informations, which 
shall be pending and undetermined in the courts of the 
Territory of Wisconsin, within the limits of said Ter¬ 
ritory of Minnesota, when this act shall take effect; 

shall be transferred to be heard, tried prosecuted, and 
determined in the districts courts hereby established, 
which may include the counties or districts where any 
such proceedings may be pending. All bonds, recogniz- 
ances,and obligations of every kind whatsoever, valid 
under the existing laws within the limits of said Ter¬ 
ritory, shall be valid under this act; and all crimes and 
misdemeanors against the laws inforce within said lim¬ 
its may be prosecuted, tried, and punished in the courts 
established by this act ; and all penalties, forfeitures, 
at tions, and causes of action, may be recovered under 
this act, the same as they would have been under the 
laws in force within the limits composing said Territo¬ 
ry at the same time this act shall go into operation. 

Sec. 16. And be it further enacted, That all justices 

of the peace, constables, sheriffs, and all other judicial 
and ministerial officers, who shall be in office within the 
limits of said Territory when this act shail take effect, 
shall be and are hereby authorized and required to con¬ 
tinue to excercise and preform the duties ot their re¬ 
spective offices as officers of the Territory of Minneso¬ 
ta temporarily and until they, or others, shall be duly 
appointed and qualified to fill their places in the man¬ 
ner herein directed, or until their offices shall be abol- 

ished. 

Sec. 17. And be it further enacted, That the sum of 
five thousand dollars be, and the same is hereby, ap¬ 
propriated, out of any moneys in the treasury not oth¬ 
erwise appropriated, to be expended by and under the 

direction of said governor of the Territory of Minneso¬ 
ta, in the purchase of a library, to be kept at the seat 
of’ government, foi the use of the governor, legislative 
assembly, judges of the supreme court, secretary, mar¬ 
shall,attorney of said Territory, and such other persons 
and under such regulatious as shall be prescribed by 

law. ' 

Sec. 18. And be it further enacted, That when the : 
lands in the said Territory shall be surveyed under the 
direction of the government of the United States, pre- ; 
paratory to bringing the same into market, sections 
numbered sixteen and thirty six in each township in 
said Territory shall be, shall be, ana the same are hereby, 
reserved for the purpose of being applied to schools in 
said Territory, and in the States and Territories here¬ 
after to be erected out of the same. 

Sec. 19. And be it further enacted, That temporarily, 
and until otherwise provided by law, the governor of 


said Territory may define the judicial districts of said 
Territory, and assign the judges who may be appoint¬ 
ed for said Territory to the several districts , and also 
appoint the times and places for holding the courts in 
several counties or subdivisions in each of said judicial 
districts, by proclamation to be issued by him; but the 
legislative assembly, at their first or any subsequent 
session, may organize, alter, or modify, such judicial 
districts, and assign the judges, and alter the times and 
places for holding the courts, as to them shall seem 
proper and convenient. 

Sec. 20. And be it further enacted, That every bill 
which shall or may pass the council and house of rep¬ 
resentatives shall, before it becomes a law,be presented 
to the governor of the Territory; if he approve, he shall 
sign it, but if not, he shall return it, with his objections, 
to the house in which it originated; which shall 
cause the objections to be entered at large upon their 
journal, and proceed to reconsider it. If, after such re¬ 
consideration, two-thirds_of that house shall agree to 
pass the bill, it shall be sent, together, with the object¬ 
ions, to the other house, by which it shall also be re¬ 
considered, and if approved by two-thirds of that house, 
it shall become a law; but in all such cases the votes 
of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against 
the bill shall be entered on the journal of each house, 
respectively. If any bill shall not be returned by the 
governor, within three days (Sundays excepted) after 
it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the 
legislative assembly, by ajournment, prevent it; in 
which case it shall not become a law. 


Biennial Sessions of the Legislature. 

Among many reforms in the Constitution of our 
State which will be agitated at the Convention which 
will doubtless be voted by the citizens at the approach¬ 
ing fall election, oneof the most importantis that which 
relates to the periodical meetings of the Legislature of 
the State. If we believe with the great apostle of de¬ 
mocracy that “that government is best which governs 
least” we must admit as an obvious deduction, that too 
much legislation is injurious to the interests of the peo¬ 
ple. 

Annual sessions of the Legislature are not only bur¬ 
densome to the people by entailing on them vast ex¬ 
penditures of money for the necessary pay of the Rep¬ 
resentatives and Senators, for printing and all the con¬ 
tingencies of legislative action, but we must add to this, 
that thereby laws become numerous and complicated, 
their continued changes prevent them from becoming 
fully known, or their practical utility from being test¬ 
ed—thus subjecting the people for whose benefit those 
laws are made, to great and continuous evils. A reme¬ 
dy forall this is formed in making fewer sessions of our 
Legislative body, by lengthening the intervening peri¬ 
ods,—introduce biennial sessions of the Legislature, 
and you diminish all these evils, at least by one half; 
all the useful purposes of Legislation are answered—as 
the Governor of the State can always call together a 
Legislature in cases of emergency, and stability intro¬ 
duced into our laws, adding much to the convenience 
and well being of the people. 

We desire to stand among the earliest in advocating 
and urging this reform, as we hold it to be, as it were, a 
groundwork for many others: one which it is absolute¬ 
ly necessary to introduce, in order that others may fol¬ 
low easily and naturally in its train. Let, then, our 
part of our reform doctrine for the approaching Con¬ 
vention be Biennial Sessions of the Legislature—let it 
be fully agitated before the people, and we shall at last 
see it introduced, to the great and lasting benefit of our 
noble State .—Piqua Enquirer. 








THE NEW CONSTITUTION. 


69 


WHITTEN CONSTITUTIONS. 

A constitution, as understood in this country, is a 
body of fundamental written law, by which the form 
of government is established, its several branches de¬ 
fined, its province limited, its duties prescribed, and its 
powers specifically set forth and determined. Consti¬ 
tutions are not made for the benefit of rulers, but for 
the protection of the rights of the governed. Experi¬ 
ence teaches that it is the tendency of power to en¬ 
large the limits of its jurisdiction, and to encroach up¬ 
on the rights of the governed. Hence have arisen 
perpetual controversies respecting the extent of civil 
power and the authority of the community over indi¬ 
viduals. To check this tendency, and to avoid these 
controversies, written constitutions were established. 
An aggregate of laws aud usages formed in the course 
of ages, like the British constitution, was found insuf 
ficient for this purpose. Amid the turmoil and confu¬ 
sion of turbulent times, conflicting precedents arose, 
and various constructions were put upon those laws 
and usages, and what was granted for the protection of 
the people, in the hands of a tyrant became the instru¬ 
ment of their oppression. 

The great source of evil and oppression, in a nation 
which has no written constitution, is theabsolutechar- 
acter of the government. We are in the habit of 
speaking of the British government as a limited mon¬ 
archy, and perhaps some entertain the idea that there 
are some limitations in the powers of her government, 
but this is an error. The monarchy is limited, but the 
government is absolute. An act of Parliament, what¬ 
ever may be its provisions, is the law of the land, will 
be sustained by the courts, and must be obeyed by the 
people. 

When, therefore, the people find themselves oppress¬ 
ed by unjust laws, they have no redress except in rev¬ 
olution. Parliament having the power to perpetuate 
its own existence, this revolution cannot be achieved, 
as with us, by the peaceful process of the ballot, but 
must be carried at the point of the bayonet. 

These circumstances could not but suggest to the 
friend of freedom the necessity of a fundamental law, 
prescribing not only the duties of rulers, and limiting 
the exercise of power, but declaring the rights of the 
governed, and establishing guaranties for the security of 
those rights. Though the evils of the absence of such 
a code is apparent to us, the idea is of modern origin. 
It dates subsequent to the first colonization of this 
country, and may be said to have originated with the 
Puritans of New England. 

A written constitution was nuknown to the govern¬ 
ments of antiquity. The boasted constitution of Eng¬ 
land is nothing more than the laws and usages which 
have been adopted as the exigencies of the times seem¬ 
ed to require, and is scattered over voluminous collec¬ 
tions of statutes and books of reports. The various 
constitutions which France has alternately adopted and 


annulled are subsequent in date to that of the United 
States. 

The correct practical view of this subject was develop¬ 
ed and illustrated, for the first time, by Sir Henry Vane, 
in 1656. In a pamphlet published in that year, after 
defining the principles of religious liberty, he says :— 
“ This freedom, then, is of high concern to be had and 
enjoyed, as well for the magistrate’s sake as for the 
people’s common good ; and it consists, as hath been 
said, in the magistrates forbearing to put forth the pow¬ 
er of rule and coercion in things that God hath exempt¬ 
ed out of his jurisdiction. So that all care requisite 
for the people’s obtaining this may be exercised with 
great ease, if it be taken in its proper season, and that 
this restraint he laid upon the supreme poxcer before it be 
erected as a fundamental constitution among others, 
upon which the free consent of the people is given to 
have the persons brought into the exercise of supreme 
authority over them and on their behalf; and if be¬ 
sides, as a further confirmation hereunto, it be acknowl¬ 
edged the voluntary act of the ruling power, when 
once brought into a capacity of acting legislatively, 
that herein they are bound up and judge it theipduty 
so to be (both in reference to God, the institution of 
magistracy, aud in reference to the whole body by 
whom they are entrusted,) this great blessing will there¬ 
by be so well provided for, that we shall have no cause 
to fear, as it may be ordered.” 

His idea of the method in which a constitution should 
be formed, is equally clear and explicit, and is the same, 
in substance, as that adopted by the North American 
States more than a century afterwards : 

“ The most natural way for which, would seem to 
be by a general council, or convention of faithful, 
honest and discerning men, chosen for tho purpose, by 
the free consent sf the whole adherents to this cause, 
in the several parts of the nations, and observing the 
time and place of meeting appointed to them, (with 
other circumstances concerning the election,) by order 

from the present ruling power, considered as general of 
the army.” 

Sir Henry Vane wrote his pamphlet for the purpose 
of inducing Cromwell to relitiguish his authority and 
give to the people of England a republican constitution 
and government. His effort was fruitless. But, says 
Mr. Upham, in his life of Vane, from which the forego¬ 
ing facts arechiefly taken, “although he failed to procure 
for his country at that time a free constitution, the 
principles he inculcated were not lost to the world.— 
They were silently communicated from mind to mind, 
and transmitted from generation to generation, until, 
in these latter days, they have become the objects of 
desire and pursuit throughout Christendom. The seed 
was buried, for a season, beneath the soil, but the no¬ 
ble tree has risen at length to a lofty height, and spread 
its mighty branches far and wide, as shade and as shel¬ 
ter, over the face of the earth. Every civilized nation 
is at this moment either enjoying, or struggling for, 




7) 


THE NEW CONSTITUTION. 


written constitutions, as the only bulwark of liberty.’’ 

I have said that America may claim the honor of hav¬ 
ing originated the idea of a written constitution. The 
following facts will substantiate the justice of this 
claim. 

The first emigrants to New England, with that pru¬ 
dent forecast and provident regard for the future, which 
distinguished them, and still mark their descendants, 
before leaving the narrow cabin of the vessel which 
conveyed them to this country, entered into the follow¬ 
ing political compact : 

“ In the name of God, amen. We whose names are 
under-written, the loyal subjects of our dread sovereign 
lord, King James, by the grace of God, of Great Brit¬ 
ain, France and Ireland, king, defender of the faith, 
&c., having undertaken for the glory of God, and ad¬ 
vancement of the Christian faith, and honor of our king 
and country, a voyage, to plant the first colony in the 
northern parts of Virginia, do, by these presents, sol¬ 
emnly and mutually, in the presence of God and one 
another, covenant and combine together into a civil bo¬ 
dy politic, for our better ordering and preservation, and 
furtherance of the ends aforesaid ; and by virtue here¬ 
of, to enact, constitute and frame such just and equal 
laws, ordinances, acts, constitutions, and offices, from 
time to time, as shall be thought most meet and con¬ 
venient for the general good of the colony, unto which 
we promise all due subjection and obedience.” 

This brief and simple instrument contains the ele¬ 
ments of republicanism, “ and however it may be ex¬ 
panded and complicated in our various constitutions, 
however unequally power may be distributed in the 
different branches of our various governments, has im¬ 
parted to each its strongest and most striking character¬ 
istic.” It is not a constitution, as that word is under¬ 
stood at the present day, yet the transition from an 
agreement or compact to enact none but ‘‘just and 
equal laws,” to a constitution defining the province 
and duties of legislation, is easy and natural. 

It was this instrument which suggested to Sir Hen¬ 
ry Vane his notions on the subject of a written consti¬ 
tution. He was familiar with the history of New Eng¬ 
land. He was for some years a citizen of Massachu¬ 
setts, and elected Governor of that colony. After¬ 
wards returning to England, he devoted himself to the 
defence of American principles and finally sacrificed 
his life to their cause. 

Save your Newspapers. 

The Miffiintown Sentinel says there is not a single 
file of any newspaper published in Juniati county, pri¬ 
or to 1847 to be. found. The Eagle was commenced in 
the winter of 1817, the first paper printed in what now 
is Juniata. This is to be regretted, especially as an ex¬ 
penditure of three or four dollars a year by the county 
authorities, would have avoided a lapsus, now beyond 
human efforts to remedy. 


Since the year 1810, 1490 persons have been execut¬ 
ed in England, for crimes which are no longer capital 
by the English law. 


State Reform. 

The great question of reform in the various depart¬ 
ments of our State government is again very generally 
agitated by the press of several counties, and with a 
tone and spirit which give the earnest of success. The 
subject is one which, with a proper regard for the com¬ 
mon welfare, can never be abandoned by its friends. It 
involves so much of the practical and the good, it pro¬ 
poses means and ends so important, and appeals toprin- 
ciples and experience so truly popular, and republican, 
that it must ultimately prevail. It is however, very de¬ 
sirable that the people, the substantial men of the State 
—substantial in the true acceptation of the term, should 
make it a prominent subject of consideration with a 
view to definite and commanding action, 

Not a few of our readers when they take up a paper 
and find an article upon “Reform,” think it a dry sub¬ 
ject and don’t trouble themselves about it. There was 
a time when the masses would have treated an article 
on “republicanism” in the same way; but they have 
learned thntthat is not a dry subject. They have found 
that it is the key to human liberty. But, while we are 
busy in the affairs of life, the key to our treasure may 
become rusty, and if we neglect the insidious corrosion, 
the time may come when access to that which is our 
own may become exceedingly difficult. Let us ask, in¬ 
deed, whether that time has not come already. 

The popular vo ce has demanded the right of expres¬ 
sion with regard to a State Convention for the purpose 
of reforming the Constitution. 1 he right was a sim¬ 
ple, a natural and republican one; but it was refused. 
The Senate of Maryland withheld it under such a con¬ 
struction of the Constitution as necessarily reduced 
the project of reform to a practical absurdity. '1 hey 
virtually denied that it was in the power of the whole 
people to do what.they chose to do. The key is there¬ 
fore getting rusty already, and must be cleaned and 
burnished. 

The great object to be accomplished now, is to secure 
a State Convention for the specific purpose of consti¬ 
tutional reform. We need not stop to discuss the par¬ 
ticular articles of reform, nor to define the exact sys¬ 
tem to be adopted These will be elaborated at the 
proper time and place. Suffice it for us to be satisfied, 
that there is room for great improvement in important 
branches of our present system, and that it is our duty 
to ourselves and to posterity to make the best use of 
the experience we possess. We are not the slaves of 
inexorable necessity in this thing, as the Senate 
would have us believe, unless we elect so to be. The 
ballot box is open to us, and it is by that the people 
must decree and effect their purpose. In the ensuing 
autumn the people of the State will choose members 
of the Legislature, and it behooves the friends of re¬ 
form every where, to see to it, that no man has a seat 
at Annapolis who will refuse the privilege of a State 
Convention. This is no party question in fact, though 
some may endeavor to make it so in fancy. It has 
been alleged by one party against the other, that they 
were reformers only when out of office, and that it was 
a hobby with which they hoped to ride into power. 
The charge from the same quarter, now, cannot be sus¬ 
tained, and it remains io be seen, on the other hand, 
whether it was true or false. Will the party aspersed 
prove as true to the cause of reform in; as they were 
out of power? Will their opponents now unite with 
them in the same cause, and both in good faith work 
together in this thing for the common good ? The sub¬ 
ject will demand the most enlarged experience, the 
soundest wisdom and the loftiest intelligence of the 
State. Let none then hold back from duty, but each 
party and every man come up manfully to the task, 
and freely contribute of his zeal and patriotism for the 
promotion of the glorious cause .—Baltimore Sun. 











71 


THE NEW CONSTITUTION. 


Written for the New Constitution. 
TIIE NEW CONSTITUTION AND JUDICIAL 
REFORM 

Mn. Editor: I desire to submit to the people of 
Ohio a few considerations upon the subject of Judicial 
Reform, the theory of which to be engrafted in the 
New Constitution, and all the necessary provisions for 
carrying the same into effect, to bo the subject of Leg¬ 
islation. 

It has long b<*en a question of much discussion among 
gentlemen of the legal profession, as well as the people 
generally, whether the uncertain methods of seeking 
redress for grievances, in courts of justice, could not 
be so reformed, as to insure a more speedy, certain and 
efficient remedy. The subtleties ofthe law and the nice 
distinctions that are now entertained in the rules of 
practice, to be gathered from a vast collection of con¬ 
flicting judicial dictums and decisions, present to the 
student and young practitioner an almost insuperable 
barrier to success; and nothing short of half an age, de¬ 
voted to the arduous task of tracing the enigmas of 
the law from the days of the “Norman” down through 
all the meanderingsof the English and American Ju¬ 
rists,can satisfy thedemands of our technical tribunals. 
It is a truth notorious that the long established forms 
and usages of the English courts, have weighed like 
an incubus upon the liberal sentiment that is manifest 
by the progress and spirit of the age in which we live. 
In a country like ours, where the forms of government 
are simple and easily understood, the civil rights of the 
people, defined by law, should be administered by 
rules and usages equally simple, and consistent with 
the liberal principles of our government. If such was 
the practice, and if our judicial tribunals were con¬ 
ducted upon such principles, the ends of justice might 
be secured without those tedious and protracted litiga¬ 
tions which involve a party, whether successful or un¬ 
successful, in expense commensurate with his claims, 
and which almost prevents his seeking redress in the 
forums of law; besides, the arbitrary rules of prac 
tice meet him at every point, and through the subtle¬ 
ty ofthe rules he often fails with a meritorious cause, 
mulcted in a bill of costs, even in the hands of the most 
learned of the professsion. 

In order to avoid the detrimental consequences 
which naturally flow from a system of arbitrary rules, 
practiced only becauseof their antiquity and longusage, 
it is necessary to mark out ani clearly define a few sim¬ 
ple remedies by which we are to seek redress for private 
injuries, simple in theory and easy in practice. The 
different forms of actions which have been resorted to 
by the lawyers, and sanctioned by the courts, for the 
redress of wrongs, in matters of tort, differ only in nice 
and subtle distinctions, and only furnish ground for 
forensic discussion and the display of legal acumen. 

The several actions in form, “ex dilicto ,” trespass, 
case, trover and replevin might with great propriety be 
consolidated into one, called “trespass;” so with the ac¬ 
tions in form “ex contractile ,” debt, assumpsit and cov¬ 
enant. 0 he action of debt might be substituted for all 
ofthe latter, thus narrowing down all these methods 
of procedure to two plain and simple remedies called 
debt and trespass. 

The propriety of still preserving the form of the ac¬ 
tion of ejectment, cannot be so much doubted. Then 
with these three simple remedies we can have the 
whole volume of the law administered with greater 
certainty, less delay and more to the satisfaction of an 
enterprising people who cannot understand the techni¬ 
cal and crafty means by which the law is administered 
in the temple of justice. 

In my next article I shall sugggest some reforms ne¬ 
cessary in the reorganization of the different courts in 
Ohio. Yours, &c., , PER CURIA. 


From the National Era. 

Election of U. S. Senators. 

We see nothing in it repugnant to the Principles of 
the American Constitution, while it is certainly sanc¬ 
tioned by the Principles of the Declaration of Inde¬ 
pendence. A State Legislature is the offspring of an 
election by the People of the State, and represents, to 
a certain extent, its sovereignty. A Senator in Con¬ 
gress would just as well represent the individuality of 
the State when chosen by the People, as when chosen 
by the Legislature. And we should like to know, if 
they are capable of electing those who elect him, why 
they are not just as capable of electing him directly? 
Several leading States are beginning to secure to the 
People the right to choose their judges? “Direct and 
early responsibility to the People” is our maxim. 
Since we have professed to regard the People as the 
source of all power, under God, let us be honest and 
consistent, and not attempt to buildup our institutions 
with contradictory elements. 

We are glad to see several newspapers favoring the 
election of Senators by the People, among them the 
New York Tribune. The Blue Hen’s Chickens, of 
Wilmington, Delaware, remarks:— 

“We observe that the opinion is gaining ground, that 
Senators of the United States ought to be elected, like 
Governors, by the People of each State. We know of 
no reason why the Legislature should elect them, any 
more than that they should elect Governors. This 
matter of electing public servants belongs rightfully to 
I the People, and they ought to use it. We further be¬ 
lieve all Post Masters, Collectors, Marshals, &.C., ought 
to be elected.” 

That’s the doctrine. 


AN ACT to punish judges for appearing as Attornies 
in the courts of justice of the peace. 

Whereas, It is made known to this General Assem¬ 
bly, that the judges of the court of common pleas in 
some sections of the State, have been in the habit of 
appearing as attornies in the courts of justices of the 
peace, to manage and advocate causes between parties, 
and such practices demand immediate animadversion 
and reprehension ; therefore, 

Sec. 1. Beit enacted by the General Assembly of the 
State of Ohio, That if any judge of the court of com¬ 
mon pleas shall, during his continuance in office, act 
as attorney, counsel, or advocate, for any party in the 
court of any justice of the peace in this State, he shall, 
upon conviction thereof by indictment in the court of 
common pleas, in the county in which the offence may 
have been committed, be fined in any sum not less 
than fifty nor more than two hundred dollars, and be 
imprisonod in the dungeon of the county jail, and fed 
on bread and water only, not less than ten nor more 
than thirty days, at the discretion of the court. 

JOHN G BRESLIN, 

Speaker of the House of Representatives. 

BREWSTER RANDALL, 
March 23, 1849. Speaker of the Senate. 


Wholesale Emigrants.— Twelve hundred emigrants 
were landed on the St. Louis wharf on the 11th inst.— 
The Republican says “they are just from Europe and 
ship-board, and have brought sickness, disease and 
death with them,” and attributes the continuance of 
the cholera there to such causes. 


[CrMr. Layard, the Ninevite Antiquarian, has been 
appointed an attache of the British Embassy at Con 
slantinople, with $1,250 a year, and the British Muse¬ 
um has voted him $15,000 to assist him in further re¬ 
searches. 
















72 


THE NEW CONSTITUTION. 


Ohio from I8t>4 to 1847—ft*ul»Iic Ini- 
provements—ElforlS to amend the 
State Constitution. 

The law passed during the session of 1824-95, for 
the improvement of the state by navigable canals, and 
under which the Ohio and Miami canals were located 
and commenced, was the germe of the system of inter¬ 
nal improvements, by the state, which has entailed upon 
the people the present debt of nearly twenty millions, 
and which has increased her population and aided ma¬ 
terially in developing her resources. The good and the 
evil, and there is a blending of both, of the internal im¬ 
provement system of the state, it is not now our inten¬ 
tion to discuss, though as a part of our plan to give a 
skeleton history of the state, confining ourselves more 
to tiie facts contained in documents of difficult access 
to the mass of our readers, than to those facts in Ohio’s 
history which have become familiar as household words, 
and are learned by the school boy as he learns to read, 
these improvements, their cost, &c., form a prominent 
part. 

Below we give a table, embracing the names and 
length of the various canals and slackwater navigation 
improvements of the state, together with the cost of 
construction, as given in the various reports of the 
Board of Public Works and of the Auditor of State. 


Names of Canals. 

Length 
in Miles. 

Cost. 

Ohio Canal, from Cleveland to 
Portsmouth, including the Co¬ 
lumbus Feeder, &c.. 

334 

$4,695 ;203 69 

Walhonding Canal, from Roch¬ 
ester, on the Mohican river, to 
Roscoe, on the Ohio Canal ... 

25 

607,268 99 

Miami Canal, from Cincinnati to 
Dayton, including Hamilton 
Basin. 

66 

1,020,000 00 

Warren County Canal from Leb¬ 
anon to Middletown. 

19 

217,552 16 

Miami Extension Canal, from 
Dayton to Junction, where it 
intersects the Wabash and E- 
rie Canal. 

115 

2,239,517 92 

Sidney Feeder, (part of same 
work). 

13 

392,258 32 

St. Marys Feeder and Reservoir, 
(part of came work). 

11 

528,222 07 

Wabash and Erie Canal, from In¬ 
diana state line to Manhattan, 
including Maumee and Toledo 
Sidecuts,. 

91 

3,057,177 24 

Hocking Valley Canal and slack- 
water, from Athens to Ohio 
Canal at Carroll. 

56 

975,481 01 

Muskingum Impro’m’nt (slack- 
water navigation) from Ohio 
Canal at Dresden, to Marietta, 
on the Ohio River. 

91 

1,627,318 27 

Total. 

821 

1 15,359,999 67 


The chambers of the locks on all the canals are 
from 87 to 90 feet in length, in the clear, and 15 feet 


wide—admitting boats 78 feet in length and 141^ feet 
wide to pass through them. The locks ontheMus- 
kingumTmprovement have chambers 175 feet long and 
36 feet wide, for the passage of steamboats, with the 
exception of one above Zanesville, which is only 120 
feet long and 22 feet wide. 

The ascent of the Ohio Canal, from Cleveland to the 
Portage summit, is 396 feel, which is overcome by 43 
locks. From Portage summit to Webbsport, the de¬ 
scent is 239 feet, which is overcome by 31 locks.— 
From Webbsport to Licking summit, the ascent is 166 
feet, which is overcome by 20 locks, and from Lick¬ 
ing summit to Portsmouth, where the canal empties 
into the Ohio, the descent is 419 feet, which is overcome 
by 55 locks, making the total ascent and descent 1220 
feet, and the number of locks 149. 

The ascent of the Miami Canal, from Cincinnati to 
Dayton, is 297 feet—the number of locks, 32. 

The descent of the Warren County Canal, from Leb¬ 
anon to Middletown, is 46 feet—the numberof locks, 6 

The ascent of the Miami Extension Canal, from 
Dayton to its junction with the Wabash and Erie Ca¬ 
nal, is 213 feet, requiring 27 locks—the descent is 235 
feet, requiring 32 locks—making the ascent and de¬ 
scent 448 feet—the number of locks 53. 

The Wabash and Erie Canal, from Manhattan to the 
Indiana state line, has an ascent of 176 feet, requiring 
26 locks. The Toledo sidecut, a part of the same work, 
one mile in length, has a descent of 15 feet, requiring 
two locks—the Maumee sidecut, 2 miles in length, has 
a descent of 63 feet, requiring 6 locks. 

The Walhonding Canal, from Rochester to the Ohio 
Canal at Roscoe, (25 miles in length) has a descent of 
90 feet, overcome by 11 locks. 

The Hocking Canal, from Carroll on the Ohio Canal 
to Athens, (56 miles) has a descent of 203 feet, which 
is overcome by 26 locks. 

The Muskingum Improvement, from Marietta, on 
the Ohio river, to Dresden, on the Ohio Canal, (91 
miles) has an ascent of 126 feet, overcome by 12 locks 
and 11 dams. 

The average per centage paid by the Ohio Canal, on 
the cost of construction, since 1833, after deducting 
costs of collection, repairs, &c., is $5 53 on the 100 
dollars. The average per cent, on the cost of con¬ 
struction on the Miami Canal between Dayton and 
Cincinnati, is $3 83 on the 100 dollars. That of the 
Miami Extension Canal, for three years past is $1 27 
on the 100 dollars. The Wabash and Erie Canal, for 
five years past, $2 58 on the 100 dollars. These are 
the only improvements that have paid expenses. 

During the five years ending with the last fiscal year, 
the Muskingum Improvement has sunk $75,629 32 in 
repairs, cost of collection, &c., over and above the re¬ 
ceipts. The Hocking improvement, in the same time, 
has sunk $9,257 3L and the Walhonding Canal, within 
the past five years, has in like manner cost the state 
$6,225 59 over and above its entire receipts: 























THE NEW CONSTITUTION. 


73 


The state is also the owner of the Western Reserve 
and Maumee Road, which extends from Perrysburgh 
to Lower Sandusky, a distance of 31 miles, and which 
cost in its construction, $256,334 93. The receipts of 
tolls on this road, for the past year, was $8,543 35. 

In addilion to the canals and slackwater improve¬ 
ments named above, the state owns stock to the amount 
of $1,921,675 71, in twenty-six turnpike road compa¬ 
nies, in consequence of loans of credit—in nine of 
which, dividends to the amount of $22,961 18 have 
been paid ; the remaining eighteen companies having 
paid no dividends for the past year. 

The state is also the owner of stock to the amount of 
$482,095 10 in the Mad River and Lake Erie Railroad 
—the Mansfield and Sandusky city railroad, and Little 
Miami railroad, dovided among the companies as fol¬ 
lows : 

In the Mad River and Lake Erie railroad, $293,050 00 
Mansfield and Sandusky city “ 33,333 00 

Little Miami railroad, - - - - 155,712 10 

$482,095 10 

The report of the Auditor of State, from which the 
above is drawn, does not give the dividends received by 
the state from these works 

The state also owns stock in the amount of $150,000 
in the Cincinnati and Whitewater canal, and to the 
amount of $420,000 in the Pennsylvania and Ohio Ca¬ 
nal, on which dividends to the amount of $8,400 has 
been received and paid into the treasury. 

The total amount of stock held by the state in Turn¬ 
pike, Railroad and Canal companies in Ohio is $2,973,- 
770 81—the dividends on which for the past fiscal 
year amounted to $31,361 78. 

The state has now 274 miles of railroad in a state of 
completion, and 463 miles in progress. The roads 
completed, the number of miles, and the amount of 
iron used for rails, as near as can be ascertained, is as 
follows : 


Tons of 

Miles, iron. Capital. 

Little Miami. 84 3,360 $1,350,000 

Mad River and Lake Erie, 135 5,400 2,000,000 

Mansfield and Sandusky, 55 2,200 850,000 


274 10,960 $4,200,000 

With the exception of the stock taken by the state, 
and noted in the preceding part of this article, these 
roads were built by private enterprise. Of the roads 
in progress, our information is less definite, though the 
following is believed to be correct: 


Names of Road. 

No. of miles. Capital. 

Xenia and Columbus. 

. 53 

$1,000,000 

Cleveland and Columbus ... 

. 135 

2,500,000 

Mansfield and Newark. 

. 52 

800,000 

Hancock and Findlay. 


200,000 

Iron Railroad. 


200,000 

Dayton and Springfield. 

. 24 

350,000 

Greenville and Dayton. 


600,000 

Cleveland and Pittsburgh... 

. 145 

1,500,000 

WellSville and Mansfield ... 

. 105 

2,000,000 


598 

$9,100,000 


These railroads, all of which are either completed or 
are, in whole or in part, under contract, penetrate the 
richest portions of the state, and when completed, as 
they will be in a few years, will add much to the 
wealth of Ohio. 

Numerous other railroad companies are chartered, 
some of which it is known will soon go into operation. 
On this subject there seems to be little or none of that 
heedless spirit of speculation, known as the railroad 
mania, which a few years since so convulsed England, 
but the roads are built mainly as an object of perma¬ 
nent investment,and to assist in developing the resources 
of the state. Hence the roads in operation have paid 
large dividends, and from the location of the railroads 
now under contract,there is but little dcubt but that they 
will yield a handsome per cent- on the cost, which will 
ir crease each successive year, as the region in which 
they are located fills up. 

Tracing the route of these railroads and of the ca¬ 
nals, slackwater navigation and turnpikes on the map, 
and it will be seen that the state is dotted with them. 
What but a few years ago was a dense forest, has its 
solitudes now broken by the horn of the boatman, the 
whistle of the locomotive, or the crack of the wagon¬ 
er’s whip. The bridle paths of the pioneers of the 
state are now converted into turnpikes—the unbridged 
creeks which he had to cross, are now used as feeders 
to our canals, and the whistle of the locomotive is 
heard as it dashes through the valley where, but a few 
years since, the whoop of the savage was heard 

After the decided majority by which the proposi¬ 
tion of 1818, for the calling of a convention to re¬ 
model the state constitution, was voted down by 
the people, the subject was for a time suffered to 
sleep, and in our search we can find no mention 
j made of a change in the constitution of the state 
until the summer of 1841, when the late Thomas L. 
Hamar prepared for and published in the “Ohio States¬ 
man” his communications over the signature of “ A 
Democrat,” urging the calling of a convention to ef¬ 
fect this desirable object on the Legislature. Although 
the name of the author was then to the public un¬ 
known, yet the fact stated at the time of their publica¬ 
tion, that they came from the pen of one of the ablest 
of the legal profession, drew public attention to them, 
j A writer in the “ Ohio State Journal,” whose name is 
still unknown to the public, sustained the views of Mr. 
’ Hamar, in recommendihg the calling of a convention. 
, The object for the change urged by both, was a reform 
in the judiciary system. 

The subject continued to be discussed, in the private 
circle and by members of the bar, with an occasional 
newspaper article, until the session of the Legislature 
of 1843-44, when in his message, delivered Tuesday, 
Dec. 5, 1843, Gov. Shannon thus urged upon the Gen- 


or rejection: 


1 Assembly the propriety of submitting thequesticn 
calling a convention to the people for theirapproval 






















?1 


THE NEW CONSTITUTION. 


“I would beg leave to call your attention to the sub¬ 
ject of the amendment of the Constitution of the State, 
with the view of remoddling our judicial system, so as 
to enable it to meet (he wants and exigencies of the 
people. I ain fully aware that too frequent changes of 
the fundamental law of the State might tend to unsettle 
the great principles on which the Constitution itself is 
founded. But if it can be shown that any portion of 
that instrument is entirely unsuited to our presentcon- 
dition, and the wants of the people we should not hesi¬ 
tate to seek a remedy. The framers of the Constitu¬ 
tion contemplated future amendments, and have provi¬ 
ded in the instrument itself the mode and manner in 
which it may be altered or amended. The fifth sec¬ 
tion of the seventh article provides, that whenever two 
thirds of the General Assembly shall think itnecessary 
to amend or change the Constitution, they shall recom¬ 
mend to the electors, at the next election for members 
of the General Assembly, to vote for or against a Con¬ 
vention; and if it shall appear that a majority of the 
citizens of the State, voting for Representatives, have 
voted for a Convention, the General Assembly shall, 
at their next session, call a Convention to consist of as 
many members as there be in the General Assembly, 
to be chosen in the same manner, at the same place, 
and by the same electors that choose the General As¬ 
sembly; who shall meet within three months after the 
said election, for the purpose of revising, amending or 
changing the Constitution. It is further provided in 
the same section that no alteration of the Constitution 
shall ever take place so as to introduce slavery or in¬ 
voluntary servitude into this State. 

“It will be seen, then, that the framers of the Con¬ 
stitution contemplated the necessity, at some future 
period, of changing or amending its provisions. It was 
not expected by the patriotic citizens who composed 
the Convention that adopted the Constitution, that it 
would continue to answer, in all respects, the changing 
condition of the country. 

“Our veneration for the organic law of the State or 
our respect for those who framed it, should not be car¬ 
ried so lar as to telerate palpable and acknowledged 
evils. We should, therefore, inquire whether there are 
any defects in the Constitution, as adapted to our pres¬ 
ent condition, and if so, whether they are of sufficient 
magnitude to justify the call of a Convention, with the 
view of their removal. The only defect in the Consti¬ 
tution, as applicable to our present condition, which 
in my judgment, would justify a call of a Convention 
to alter or amend it, consists in the defective organiza¬ 
tion of our judicial system, and the total inability of 
the Supreme Court, under the existing form of the Con¬ 
stitution, to transact the mass of business brought be¬ 
fore it. The Constitution limits the number of judges 
of the Supreme Court to four, and requires two to con¬ 
stitute a quorum to do business, and directs that the Su¬ 
preme Court shall be held once a year in each county 
in this Slate. It is invested with original and appellate 
jurisdiction, both in common law and chancery, in such 
cases as shall be directed by law. The statute has giv¬ 
en to this tribunal an extensive original and appellate 
jurisdiction: the consequence is, it has become so load¬ 
ed down with business as to render it impossible for the 
judges, with all their known industry and talents, to 
dispose of it in a manner satisfactory to themselves, or 
with a due regard to the legal rights of parties. They 
areforced to continue causes after they have been pre¬ 
pared by the parties for trial, for the want of time to 
hear them; thus throwing on one or the other party a 
heavy bill of costs, which might be entirely avoided 
under a judicial system differently organized. It would 
not be difficult to demonstrate, in reference to our Su¬ 
preme Court, that it is the most expensive judicial 
system in the United States. The amouut of costs 


that are annually thrown upon litigants by reason of 
the con finance of their causes, for the want of time to 
try them, would, in the aggregate, far exceed the 
amount paid in any State in this Union to maintain its 
entire judicial system. It i3 not only an expensive sys¬ 
tem and burdensome to the people, but, in its practical 
bearings, produces, in most cases, a delay, and, in ma¬ 
ny, almost a denial of the administration of justice. 
The system, at the time of the adoption of the Con¬ 
stitution, was adequate to the wants of the people; but 
our condition as a civil community, is very different 
now from what it was then. At that time there were 
but ninecounties in the State, with a population falling 
short of sixty thousand. We had but little wealth, a 
very limited commerce, and no manufactures. The 
usual sources of litigation were few, and the business 
of our courts consequently limited. Our condition, in 
almost every point of view, is now entirely changed. 
We have, at this time, seventy-nine counties in the 
State, in each of which the Supreme Court is required, 
under the Constitution, to hold a session once a year; 
containing a population falling but little, if any, short 
of two milions. The trade, commerce, and manufac¬ 
tures, together with the wealth and business of the 
State, have increased in a ratio still greater than our 
population. The truth is, our condition is entirely 
changed, and we have outgrown our judicial system. 
The public interest, therefore, demands that, it should 
be so modified as to meet the wants of our changed con¬ 
dition. Believing this cannot be done, without au 
amendment of the Constitution, I would respectfully 
recommend the adoption, by the General Assembly, of 
the first measure necessary to the call o( a Conven¬ 
tion to amend the Constitution in the particulars above 
alluded to. No evil can result from this. The only 
action which you can take in the matter is, to submit 
the question of convention, or no convention, to the 
electors of the State. The question is safe in their 
hands, and they will no doubt dispose of it in the way 
best calculated to secure the blessings of a good gov¬ 
ernment, and promote the interest of the public.” 

On the 11th of January, following, we find the prop¬ 
osition brought forward in the House of Representa¬ 
tives by Mr. Archbold, of Monroe county, by the in¬ 
troduction, on leave, of a bill “ to provide for the ta¬ 
king the sense of the qualified electors of this state, 
as to the propriety of calling a convention to amend 
the third article of the constitution of this state.” 

Mr. Hamer, in his communications, fearing op¬ 
position to submitting the whole constitution to the 
people for revision, was willing to have the convention, 
when called, confined to a revision of the judiciary, and 
Gov. Shannon, in his message, founded his argument 
upon the same objection. The bill introduced by Mr. 
Archbold was in accordance with the views of the 
leading friends of judicial reform, and hence it provi¬ 
ded that article 3, of the constitution, (which relates to 
thejudiciary,) should alone be submitted to the con¬ 
vention. 

On the 15th of January, as appears by the journals, 
the bill was considered in committee of the whole, and 
the chairman, Mr. McMillen, when the committee rose, 
reported the bill back with an amendment, striking out 
all after the enacting clause. Previous to the vote be¬ 
ing taken on this amendment, the bill and pending 
amendment, on motion of Mr. Warren, was laid on the 
table. On the 17th of January the bill was taken up, 







THE NEW CONSTITUTION. 


75 


and the question being on agreeing to tiie amendment 
of the committee, striking out all after the enacting 
clause, and the question being taken iheron, was car¬ 
ried, yeas 38, nays 30, as follows : 

Yeas —Messrs. Alexander, Atherton,Brand,Bryson, 
Duncan,1 isher, Foot, Giines, Gunckel, Harsh, Harvey, 
Hawkins, Johns, Johnson, Ivaler, Kiler, Kellogg, Mar¬ 
tin of Columbiana, Martin of Fayette, Means, Morse, 
McBeth, McCleary, McFarland, Mcllrath, McMaken, 
McMillan, Noble, Parsous, Riley, Shane, Sharp, Sny¬ 
der, \Y akefield, White of Licking, Vanmeter and [Gal¬ 
lagher] Speaker—38. 

Nays— Messrs. Archbold, Bennett, Carey, Carle, 
Cassidy, Clark, Claypool, Coombs, Craighill, Crum, 
Dunn, Ewing, Filson, Greene, Guiberson, Hetrich, 
Lawrence, Manning, Meribery, Myers, Parmely, 
Phelps, Sargent, Smart, Smith, Waggoner, Warner, 
>V hite of Brown and Willoz—30. So the amendment 
was agreed to. 

This vote was decisive of the fate of the proposition, 
and immediately thereafter the remainder of the bill, 
(consisting of the title and enacting clause,) was in¬ 
definitely postponed. This was the last effort to pass 
a bill fora partial amendment of the constitution. 

On the Gtn of December, 1845, we find the subject of 
calling a convention again before the Legislature, by 
the introduction of a bill into the House of Represen¬ 
tatives, by Dr. Olds, of Pickaway county, “recom¬ 
mending the qualified voters of Ohio to vote for or 
against a convention to amend the constitution of the 
state, ’ thus opening up the whole subject of constitu¬ 
tional reform. 

On the 26th of January, the bill came up on the 
question of engrossment. Mr. Ball, of Muskingum, 
moved its indefinite postponement. Lost, yeas 26, 
nays 27. Mr. Olds moved that the bill be recommitted 
to the Judiciary committee. 

Mr. Thomas, of Shelby, moved that its further con¬ 
sideration be postponed until the first Monday of the 
next December, which motion having precedence, was 
first put and lost, yeas 14, nays 40. 

The question then being on the recommitment to the 
Judiciary committee, was lost, yeas 27, nays 29. 

The bill was then ordered to be engrossed by the fol¬ 
lowing vote : 

Yeas— Messrs. Abernethy, Anderson, Bell, Brack- 
ley, Brown of Perry, Brown of Seneca, Canby, Cock- 
erill, Cowen, Comings, Dial, Fergnson, Flinn, Foust, 
Gallagher, Higgins, Knapp, Leatherman, Olds, Owens, 
Randall, Reemelin, Sharp, Smith of Knox, Swartz, 
Trimble of Muskingum, Vallandigham, Willford and 
Williams of Coshocton—29. 

Nays —Messrs. Allen, Ball, Barnes, Boyd, Chandler. 
Curry, Cutler, Evans, Fitzgerald, Harvey, Hibberd, 
Johnston, Kimball, Lemmon, McIntosh, Moulton, No¬ 
ble, Ridgway, Shaw,Stanley, Stover,Summers, Thom¬ 
as, Tipton, Trimble of Highland, Wright, Yost and 
[Drake] Speaker—28. 

On the 26th of February the bill was again before 
the House, the question being on its final passago ; 
and the question being taken thereon.it was lost, yeas 
28, nays 28, as follows : 

Yeas —Messrs. Abernethy, Allen, Anderson, Bell, 
Brackley, Brown of Perry, Brown of Seneca, Canby, I 


Cockerill, Cowen, Comings, Dial, Ferguson, Gallagher, 
Higgins, Leatherman, Owens, Phelps, Reemelin, Sharp, 
Smith of Knox,Swartz, Vallandigham, Willford, Will¬ 
iams of Columbiana, Williams of Coshocton, Wright 
and Yost—28. 

^ AVS — Messrs. Barnes, Bowen, Boyd, Brown of 
Montgomery, Curry, Cutler, Evans, Fitzgerald, Har¬ 
vey, Hibberd, Irvin, Johnston, Johnson, Kimball,Lem¬ 
mon, McIntosh, Mason, Moulton, Noble, Parcher, 
Richey, Ridgway, Riley,] Smith of Licking, Stover, 
Thomas, r i ipton and [Drake] Speaker—28. 

At the next session of the Legislature, we find the 
subject of calling a convention again before the House 
of Representatives ; the first bill introduced being by 
Mr. Vallandigham, of Columbiana, on the second day 
of the session, “ to provide for the ascertaining of the 
will of the people of this state upon the calling of a 
convention to amend or change the constitution of the 
state.” On the 16th of January, the question being on 
the engrossment of the bill, was carried, yeas 35, nays 
28, as follows : 

Yeas— Messrs. Abernethy, Berry, Brown, Clark of 
Butler, Coe, Cock, Converse, Cotton, Dial, Donnen- 
wirth, Ellison, Emery, Hines. Hogue, Lyle, Metcalf, 
Musgrave, McFarland, McMahan of Coshocton, Mc¬ 
Mahan of Lucas, McMakin, Noble of Seneca, Park, 
Purviance, Russell of Harrison, Sharp, Shaw, Smith of 
Licking, Smith of Hamilton, Vallandigham, Warren, 
White, Whitridge, Williams of Coshocton, and Yost 
—35. 

Nays —Messrs. Beatty, Bennett, Blake, Breck, Cur¬ 
tiss, Harsh, Hibberd, Horton, Johnston, Kaler, Kerr, 
Kiler, Matthews, Moore, McGrew, Noble of Franklin, 
Owen, Poor, Potter, Richie, Tall man. T rimble of Musk¬ 
ingum, Trimble of Highland,Truesdale Turley, Will 
iams of Clark, Wilson and [Cutler] Speaker—28. 

On the 1st of February, definite action was had on 
the bill—the question being on its passage, the yeas 
and nays were demanded and ordered and were, yeas 
36, nays 29, as follows : 

Yeas —Messrs. Abernethy, Berry, Brown, Clark of 
Butler, Cock, Coe, Converse, Cotton, Dial, Donnen- 
wirth, Ellison, Emery, Hines, Ilogue, Kennon, Lari¬ 
mer, Lawrence, Lyle, Musgrave, McFarland, McMa¬ 
han of Coshocton, McMahan of Lucas, McMakin, No¬ 
ble of Seneca, Park, Purviance, Russell of Portage, 
Sharp, Shaw, Smith of Licking, Smith of Hamilton, 
Vallandigham, Warren, White, Williamsof Coshocton, 
and Yost—36. 

Nays —-Messrs. Backus, Beatty, Bennett, Blake, 
Bloomhuff, Breck, Clark of Franklin, Corwin, Curtiss, 
Harsh, Hibberd,Horton, Kaler,Kiler,Matthews, Moore, 
Noble of Franklin, Owen, Poor, Potter, Richie, Tail- 
man, Trimble of Muskingum, Trimble of Highland, 
Truesdale, Turley, Whitridge, Wilson and [Cutler] 
Speaker—29. 

The Speaker decided that two-thirds of the members, 
under the requirements of the constitution, not having 
voted in favor of the bill, the question was lost. From 
this decision an appeal was taken, and the House, by a 
vote of yeas 37, nays 16, sustained the decision of the 
Chair. 

At the next session of the Legislature, which com¬ 
menced on the 6th of December, 1847, the subject was 
again brought forward at an early day. On the 11th of 
December, Mr. Ewing, of Hamilton, offered for adop- 












76 


THE NEW CONSTITUTION. 


tion the following resolution, which subsequentlypass- 
ed the Senate, without a recorded vote : 

“ Resolved by the Senate and House of Representatives, 
That a committee of seven members on the part of the 

Senate, and-members on the part of the House, be 

appointed by the Speakers of the respective branches, 
to which committee shall be referred all petitions, bills 
and resolutions, having for their object, or in any man¬ 
ner relating to the calling of a convention of the peo¬ 
ple to alter or amend the existing constitution of this 
State. And it is hereby made the duty of &aid com¬ 
mittee on Constitutional Reform, to collect all the 
information conveniently within their reach touching 
this great and important question, and to report by bill 
or otherwise in time for the action of this General 
Assembly.” 

The resolution was agreed to by the House, with an 
amendment, reducing the number of the committee on 
the part of the Senate to three, and filling the blank, 
for the committee on the part of the House, with the 
word six, which amendments were concurred in by the 
Senate, and Messrs. Haynes, Potter, Pennington, Rus¬ 
sell, Cotton and Holcomb of the House, and Messrs. 
Ewing, Backus and Olds, of the Senate, were appoint¬ 
ed said committee. 

On the 9th of December, Mr. Cotton, of Knox, in¬ 
troduced in the House a bill, to test the sense of the 
people of this state on the subject of calling a conven- 
iion to amend the constitution.” On the 13th, the bill 
was considered in committee of the whole, and refer¬ 
red to the committee on the Judiciary, in whose hands 
it remained until the 23d of February following, when 
it was reported back with a recommendation in favor 
of its indefinite postponement, which was agreed to 
without a recorded vote. 

In Senate, on the 18th of December, of the same 
session, Mr. Wilson, of Darke, also introduced a bill 
for calling a convention to amend the constitution, 
which was entitled, “a bill authorizing the electors of 
this state, at the next annual election for members of 
the General Assembly, to vote for or against a conven¬ 
tion, agreeably to the provisions of the fifth section of 
the second article of the constitution.” 

On the 20th, the bill was considered in committee 
of the whole, and then referred to the select committee 
heretofore appointed on that subject. On the 12th of 
January, we find the following proceedings. See page 
203 of the Senate Journal. 

“Mr. Ewing, from the select committee to which was 
recommitted Senate No. 31, authorizing the electors 
of this state, at the next annual election for members 
of the General Assembly, to vote for or against a con¬ 
vention, agreeably to the provisions of the fifth section 
of the seventh article of the constitution, made the 
following report: 

“ The joint select committee, to which was referred 
sundry petitions, resolutions and bills relating to a 
new constitution for the state, have considered the same 
and report: 

“ That they believe the time has come, as was con¬ 
templated by the framers of our present constitution, 
to remodel or amend the same, in order to meet the 
necessities of a large and populous state. Your com¬ 
mittee further believe that this General Assembly, in 


view of the necessities which are daily increasing with 
the rapid growth of Ohio, is under an obligation to the 
sovereign people of the state to submit the question to 
them, whether they 7 are in favor of the call for a con¬ 
vention to remodel or amend our organic law. For 
this purpose your committee have agreed to report S . 
No. 31, introduced by Mr. Wilson, senator from Darke 
county, with a recommendation that the bill be ordered 
to be engrossed for its third reading. 

“ On motion of Mr. Wilson, 

“ Said bill was laid on the table.” 

On the 26th of January, the bill was taken up, on 
motion of Mr. Olds, and was ordered to be engrossed 
by the following vote : 

Yeas —Messrs. Ankeny, Archbold, Backus, Bennet, 
Blocksom, Byers, Burns, Cronise, Emrie, Evans, Ew¬ 
ing, Graham, Hastings, King, Lewis, Olds, Randall, 
Reemelin, Scott, Spindler, Stutson, Wheeler, Wilson, 
Winegarner and [Goddard] Speaker—25. 

Nats— Messrs. Beaver, Claypool, Corwin, Eaton, 
Haines, Hamilton, Hopkins, Horton, Johnson, Judy 
and Kendall—11. 

On the 28th the bill was read a third time, and the 
question was on its passage, but before it was taken the 
bill was recommitted to Mr. Wilson as a select com¬ 
mittee of one. 

On the 5th of February Mr. Wilson, from the select 
committee to whom it was referred, reported the bill 
back to the Senate, and the question being, “ Shall the 
bill pass ?” was taken and carried, yeas 24, nays 12, as 
follows : 

Yeas —Messrs. Ankeny, Archbold, Backus, Bennett, 
Blocksom, Byers, Burns, Cionise, Emrie, Evans, Ew¬ 
ing, Graham, Hastings,, King, Lewis, Olds, Randall, 
Reemelin, Scott, Spindler, Wheeler, Wilson, Winegar¬ 
ner and [Goddard] Speaker—24. 

Nays —Messrs. Beaver, Claypool, Corwin, Eaton, 
Haines, Hamilton, Hopkins, Horton, Johnson, Judy, 
Kendall and Stutson—12. 

Two-thirds of the.senators having voted for the bill, 
it was passed and sent to the House of Representatives 
for concurrence. 

On the 7th of February, the bill which thus passed 
the Senate, was read the first time in the House of 
Representatives. On the next day, it was considered in 
committee of the whole and referred to the standing 
committee on the Judiciary. 

On the 21st Mr. Potter, from the Judiciary commit- 
mittee, reported the bill back and it was ordered to a 
third reading by the following vote : 

Yeas — Messrs. Armstrong, Atherton, Brackley, 
Brainerd, Brewer, Ciark, Cock, Coe, Coolman, Cor- 
wine, Dodds, Haynes, Johnston, Kennedy, Kimball, 
Landis, Lawrence, Lidey, Lyle, Morrow, Musgrave, 
McKenney, McLean, Noble, Norris, Patton, Perry, 
Potter, Russell, Shaw, Smith of Brown, Smith of 
Hamilton, Taylor, Totten, Vorhes, Warren, Westen, 
Williams of Coshocton, and Williams of Columbiana 
—39. 

Nays —Messrs. Bain, Blake, Breck, Conklin, Croth- 
ers, Culbertson, Drake, Farrington, Greene, Harring¬ 
ton, Holcomb, Matthews, Nigh, Park, Pennington, 
Phillips, Randall, Robinson, Seward, Trimble, Trues- 
dale, Voris, Wilson, and [Hawkins] Speaker—24. 

On the 22d the bill came up on its final passage, and 





THE NEW CONSTITUTION. 


77 


the question, “ Shall the bill pass ?” was taken by yeas 
and nays, as follows: 

Ysas —Messrs. Anthony, Armstrong, Atherton, 
Brackley, Brainerd, Brewer, Clark, Cock, Coe, Con¬ 
verse, Coolman, Corwine, Culbertson, Dodds, Elliott, 
Haynes, Holcomb, Huston, Johnston, Kennedy, Kim¬ 
ball, Landis, Lawrence, Lidey, Lyle, Morrow, Mus- 
grave, McKenney, Noble, Norris, Patton, Perry, Pot¬ 
ter, Russell, Shaw, Smith of Brown, Smith of Hamil¬ 
ton, Taylor, Totton, Vorhes, Warren, Westen, Will¬ 
iams of Coshocton, Williams of Columbiana and 
[Hawkins] Speaker—45. 

Nays —Messrs. Bain, Blake, Breck, Conklin, Croth- 
ers, Drake, Farrington, Greene, Harrington, Matthews, 
Nish, Park, Pennington, Phillips, Randall, Robinson, 
Seward, Trimble, Truesdale, Vorisand Wilson—21. 

Two-thirds of the members of the House of Repre¬ 
sentatives not having voted for the bill, the Speaker, 
under the constitution, decided it was lost. 

On the 23d Mr. Cotton, who was absent when the 
vote was taken, asked and obtained leave to record his 
vote on the passage of the convention bill, and his 
name being called, he voted nay'. Mr. Cotton then 
moved a reconsideration of the vote on its passage, and 
it was reconsidered without a recorded vote being had. 
The question again being, “ Shall the bill pass ?” the 
vote was as follows : 

Yeas —Messrs. Anthony, Armstrong, Atherton, 
Brackley, Brewer, Clark, Cock, Coe, Converse, Cool- 
man, Corwine, Cotton, Culbertson, Dodds, Elliott, Fris- 
toe, Haynes, Johnston, Kennedy, Kimball, Landis, 
Lawrence, Lidey, Lyle, Morrow, Musgrave, McKen¬ 
ney, Noble, Norris^ Patton, Perry, Potter, Russell, 
Shaw, Smith of Brown, Smith of Hamilton, Taylor, 
Totten, Vorhes, Warren, Westen, Williams of Coshoc¬ 
ton, Williams of Columbiana, and [Hawkins] Speaker 
—44. 

Nays —Messrs. Bain, Blake, Brainerd, Breck, Conk¬ 
lin, Crothers, Drake, Farrington, Greene, Harrington, 
Holcomb, Huston, Matthews, Nigh, Park, Pennington, 
Phillips, Randall, Robinson, Seward, Trimble, Trues¬ 
dale, Voris and Wilson—24. 

There not being a vote of two-thirds of all the mem¬ 
bers of the House recorded in favor of the passage of 


ample. Within that period the population increased 
from 700,000 to more than 2 000,000. Great as is the 
debt of the state, yet never, even in her darkest mo¬ 
ment, and when taxation pressed with its heaviest 
hand, has the idea of repudiation been tolerated, or the 
state failed promptly to meet the interest on her 
debt. Rich as is Ohio, in her soil and in the natural 
resources of the beautiful region within her state lim¬ 
its—rich as she is in all that constitutes the real wealth 
of a state, yet her richest jewel is the stern and unbend¬ 
ing honesty of her citizens who have, and who will 
sacrifice much rather than the state honor be tarnished. 
An effectual guard against this will be placed in the 
new constitution, by a provision which will prevent the 
state debt from being increased, save by a vote of the 
people having been first had in favor of the proposition. 

Sale of a Ship’s Mail. —The mail which went out 
in the steamship Northerner, after its arrival at Pana¬ 
ma, was sold for the expenses of taking it across the 
Isthmus, and purchased by Stephen Payran, formerly 
of Philadelphia. This was not a mail sent out by 
Government. 

JOINT RESOLUTION relative to evidence in appli¬ 
cations for pensions by widows of deceased soldiers 

under the act of July twenty-first, eighteen hundred 

and forty-eight. 

Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled. 
That in all applications for pensions by the widows of 
deceased soldiers, under the act of July twenty-first, 
eighteen hundred and forty-eight, the returns on the 
rolls of the disease of which the soldier died; and the 
official opinion of the Surgeon General founded there¬ 
on, that from the nature of the disease it was contract¬ 
ed while the soldier was in the line of his duty, shall 
be considered satisfactory evidence thereof without the 
proof now required at the Pension office, and that it 
shall be the duty of the Commissioner of Pensions, in 
all cases of application for pensions under said act, to 
apply to the proper officers for said evidence, without 
requiring the the applicant to furnish the same. 
Approved, March 3, 1849. 


the bill, the Speaker again decided the bill was lost. 

Thus have we traced all the movements in relation 
to a new constitution, from the time the question was 
first mooted until the end of the legislative session of 
1847-48. Up to and including that session, all efforts 
to pass a law or joint resolution on the subject proved 
abortive. As has been the case in all great reforms, 
the question has gathered to it strength—the discussion 
has shown the necessity of the act, and the Legisiature 
of 1848-49 yielded to the popular will, and passed the 
joint resolution to allow the people to vote yea or nay 
on the calling of the convention. The vote on the 
passage of the resolution of last winter will prove the 
subject of another article. These votes are of inter¬ 
est to all, as they*show the workings of the popular 
mind on this great subject. 

From 1824, to which period the article in the last 
No. of “The New Constitution” brought the history of 
the state, the prosperity of Ohio was rapid beyond ex- 


AN ACT 

To provide for taxing certain lands sold by the United 
States. 

Whereas, The United States by an act of Congress, 
passed on the twenty-sixth day of January, eighteen 
hundred and forty seven assented that the several States 
admitted into the Union prior to the twenty-fourth 
day of April, eighteen hundred and twenty, should im¬ 
pose taxesupon all lands sold by the United States af¬ 
ter the passage of said act in said States from and after 
the day of sale; Therefore 

Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That all lands within this State, which 
shall be hereafter sold by the United States, shall besub- 
jectto taxation as other lands in this State. 

Sec.2. That so much of the tax law passed March 
second, eighteen hundred and forty-six, as conflicts 
with the provisions of this act, be, and the same is here¬ 
by repealed. 

JOHN G. BRESLIN. 
Speaker of the House of Representatives. 

BREWSTER RANDALL. 


March 8,1849. 


Speaker of the Senate. 










78 


THE NEW CONSTITUTION. 


OHIO ELECTION LAW. 


AN ACT to preserve the purity of elections. [Passed 

March 20, 1841. Took effect, October 1,1841.] 

Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That the provisions of this act shall 
have reference, and be applicable to all elections here¬ 
after to be holden for governor, sheriff, coroner, coun¬ 
ty auditor, county assessor, county commissioners, 
county treasurer, county recorder, county surveyor, 
prosecuting attorney, all township officers, senators and 
representatives to the general assembly, representatives 
to congress, and electors of president and vice president 
of the United States. 

Sect 2. The judges of the election, in determining 
the residence of a person offering to vote, shall be gov¬ 
erned by the following rules, so far as they may be ap¬ 
plicable : 

First. That place shall be considered and held to be 
the residence of a person in which his habitation isfix- 
ed, without any present intention of removing there¬ 
from, and to which, whenever he is absent, he has the 
intention of returning. 

Second. A person shall not be considered or held 
to have lost his residence, who shall leave his home 
and go into another state, or county of this state, for 
temporary purposes merely, with an intention of re¬ 
turning. 

Third. A person shall not be considered or held to 
have gained a residence, in any county of this state, 
into which he shall come fortemporary purposes mere¬ 
ly, without the intention of making such county his 
home, but with the intention of leaving the same, 
when he shall have gotten through with the business 
that brought him into it. 

Fourth. If a person remove to another state, with 
an intention to make it his permanent residence, he 
shall be considered and held to have lost his residence 
in this state. 

Fifth. If a person remove to another state with and 
intention of remaining there for an indefinite time, and 
as a place of present residence, he shall be considered 
and held to have lost his residence in this state, not¬ 
withstanding he may entertain an intention to return at 
some future period. 

Sixth. The place where a married man’s family re¬ 
sides shall, generally, be considered and held to be his 
residence ; but, if it is a place of temporary establish¬ 
ment for his family, or for transient objects, it shall be 
otherwise. 

Seventh. If a mariied man has his family fixed in 
one place, and he does his business in another, the for¬ 
mer shall be considered and held to be his place of resi¬ 
dence. 

Eighth. The mere intention to acquire a new resi¬ 
dence without the fact of removal, shall avail nothing; 
neither shall the fact of removal without the inten¬ 
tion. 

Ninth. If a person shall go into another state, and, 
while there, exercise the right of a citizen by voting, 
he shall be considered and held to have lost his resi¬ 
dence in this state. 

Sect. 3. Each elector shall, in full view of the peo¬ 
ple, assembled at the polls, where he offers to vote, de¬ 
liver, in person, to one of the judges of the election, a 
single ballot or piece of paper, on which shall be writ¬ 
ten or printed, the names of the persons voted for, with 
a pertinent designation of the office which he or they 
may be intended to fill ; but no elector shall vote ex¬ 
cept in the township, or ward, in which he actually re¬ 
sides. 

Sect. 4. Any person who shall wilfully vote in any 
township, or ward, in which he does not actually re¬ 


side, which township, or ward, shall be in the county 
of which he is a resident, shall, on conviction thereof 
be imprisoned in the county jail of the proper county, 
not more than six months, nor less than one month. 

Sect. 5. Any person, being a resident of this state, 
who shall go, or come, into any county, and vote in 
such county, not being a resident thereof, shall, on con¬ 
viction thereof, be imprisoned in the penitentiary, and 
kept at hard labor not more than three years, nor less 
than one year. 

Sect. 6. Any person who shall vote more than once 
at the same election, shall, on conviction thereof, be 
imprisoned in the penitentiary, and kept at hard labor 
not more than five years, nor less than one year. 

Sect. 7. Any resident of another state, who shall 
vote in this state, shall, on conviction thereof, be im- 
imprisoned in the penitentiary, and kept at hard labor, 
not more than five years, nor less than one year. 

Sect. 8. Any person who shall vote, who shall not 
have been a resident of this state for one year immedi¬ 
ately preceding the election ; or who, at the time of 
the election is not twenty-one years of age, knowing 
that he is not twenty-one years of age ; or who is not 
a citizen of the United States, knowing that he is not 
such citizen ; or who, being disqualified by law, by 
reason of his conviction of some infamous crime, shall 
not have been pardoned and restored to all the rights of 
a citizen, shall, on conviction thereof, be imprisoned in 
the county jail, of the proper county, not more than 
six months, nor less than one month. 

Sect. 9. Any person who shall procure, aid, assist, 
counsel, or advise another to give his vote, knowing 
that such other person has not been a resident of this 
state for one year immediately preceding the election, 
or that, at the time of the election, he is not twenty- 
one years of age; or that he is not a citizen of the Uni¬ 
ted States ; or that he is not duly qualified from other 
disability to vote at theplace where, and time when, the 
vote is to be given, shall, on conviction thereof, be fined 
in any sum not exceeding five hundred dollars nor less 
than one hundred dollars, and be imprisoned in the 
county jail, of the proper county, not more than six 
months nor less than one month. 

Sect. 10. Any person who shall procure, aid, as¬ 
sist, counsel or advise another to go or come into any 
county, for the purpose of giving his vote in such 
county, knowing that the person is not duly qualified 
to vote in such county, shall, on conviction thereof, be 
imprisoned in the penitentiary, and kept at hard labor, 
not more than five years, and not less than one year. 

Sect. 11. Any person who shall,by bribery, attempt 
to influence any elector of this state in giving his vote 
or ballot; or who shall use any threat, to procure any 
elector to vote contrary to the inclination of such elec¬ 
tor, or to deter him from giving his vote or ballot,shall, 
on conviction thereof, be fined in any sum not exceed¬ 
ing five hundred dollars nor less than one hundred dol¬ 
lars, and be imprisoned in the county jail, of the prop¬ 
er county, not more than six months nor less than one 
month. 

Sect. 12. Anyperson who shall furnish an elector 
who cannot read, with a ticket, informing him that it 
contains a name or names different from those which 
are written or printed thereon, with an intent to induce 
him to vote contrary to his inclination ; or who shall 
fraudulently or deceitfully change a ballot of any elec¬ 
tor, by which such elector shall be prevented from vo¬ 
ting for such candidate or candidates as he intended, 
shall, on conviction thereof, be imprisoned in the peni¬ 
tentiary, and kept at hard labor, not more than three 
years, nor less than one year. 

Sect. 13. If a person, offering to vote, is challenged 
as unqualified, by one of the judges of the election, or 
by an elector, one of the judges shall tender to him the 








THE NEW CONSTITUTION. 


79 


following oath or affirmation : “You do swear (or af¬ 
firm) that you will fully and truly answerall such ques¬ 
tions as shall be put to you touching your place of 
residence, and qualifications as an elector at this elec¬ 
tion.” 

First. If the person be challenged as unqualified, 
on the ground that he is not a citizen, the judges, or 
one of them, shall put the following questions : 

1st. Are you a citizen of the United States ? 

2d. Are you a native or naturalized citizen ? 

If the person offering to vote, claim to be a natural¬ 
ized citizen of the United States, he shall, before his 
vote shall be received, produce, for the inspection of 
the judges of the election, a certificate of his naturali¬ 
zation, and also state, under oath or affirmation, that he 
is the identical person named therein : provided, that 
the production of such certificate shall be dispensed 
with, if the person offering to vote shall state, under 
oath or affirmation, when and where he was natural¬ 
ized, that he has had a certificate of his naturalization, 
and that against his will the same is lost, destroyed, or 
beyond his power to produce to the judges of the elec¬ 
tion : provided, further, that if he shall state, under 
oath or affirmation, that by reason of the naturalization 
of his parents, or one of them, he has become a citizen 
of the United Stales, and when and where his parent 
or parents were naturalized, the certificate of said nat¬ 
uralization need not be produced. 

Second. If the person be challenged as unqualified, 
on the ground that he has not resided in this state for 
one year immediately preceding the election, the judg¬ 
es, or one of them, shall put the following questions : 

1st. Have you resided in this state for one year im¬ 
mediately preceding this election ? 

2d. Have you been absent from this state within 
the vear immediately preceding this .election ? If yes, 
then, 

3d. When you left, did you leave for a temporary 
purpose, with the design of returning, or for the pur¬ 
pose of remaining away ? 

4th. Did you, while absent, look upon and regard 
this state as your home ? 

5th. Did, you, while absent, vote in any other 
state ? 

Third. If the person be challenged, as unqualifi¬ 
ed, on the ground that he is not a resident of the 
county, township, or ward, where he offers to vote, 
the judges, or one of them, shall put the following 
questions : 

1st. When did you last come into this county ? 

2d. When you came into (his county, did youcome 
for a temporary purpose merely, or for the purpose of 
making it your home ! 

3d. Did you come into this county for the purpose 
of voting in this county ? 

4th. Are you now an actual resident of this town¬ 
ship, or ward ? 

Fourth. If the person [be] challenged as unqualifi¬ 
ed, on the ground that he is not twenty-one years of 
age, the judges, or one of them, shall put the following 
question : are you twenty-one years of age, to the best 
of your knowledge and belief? The judges of the 
election, or one of them, shall put all such other ques¬ 
tions to the person challenged, under the respective 
heads aforesaid, as may be necessary to test his qualifi¬ 
cations as an elector at that election. 

Sect. 14. If the person challenged as aforesaid, 
shall refuse to answer fully any questions which shall 
be put to him, as aforesaid, the judges shall reject his 
vote ? 

Sect. 15. If the challenge be not withdrawn after 
the person offering to vote shall have answered the 
questions put to him as aforesaid, one of the judges of 


the election shall tender to him the following oath : 

“ You do solemnly swear (or affirm) that you are a 
citizen of the United States, of the age of tvventv-oue 
years: that you have been an inhabitant of this state 
for one year next preceding the election ; that you are 
now an actual resident of this township or ward, and 
that you have not voted at this election.” 

Sect. 16. If any person shall refuse to take the 
oath or affirmation, so tendered, his vote shall be reject¬ 
ed : provided, that after’such oath shall have been taken, 
the judges may, nevertheless, refuse to permit such per¬ 
son to vote, if they shall be satisfied from record evi¬ 
dence, or other legal testimony adduced before them, 
that he is not a legal voter. And they are hereby au¬ 
thorized to administer the necessary oaths or affirma¬ 
tions to all witnesses brought before them, to testify to 
the qualifications of a person offering to vote. 

Sect. 17. Whenever any person’s vote shall be re¬ 
ceived, after having taken the oath prescribed in the 
fifteenth section oi this act, it shall be the duty of the 
clerks of the election to write on the poll Look at the 
end of such person’s name, the word “ sworn.” 

Sect 18. It shall be the dnty of each judge of the 
election to challenge every person offering to vote, 
whom he shall know, or suspect, not to be dulyqualifi- 
ed as an elector. 

Sect. 19. It shall be the duty of the judges of the 
election, or one of them, immediately before proclama¬ 
tion is made of the opening of the polls, to open the 
ballot boxes in the presence of the people there assem¬ 
bled, and turn them upside down, so as to empty them 
of every thing that may be in them, and then lock 
them ; and they shall not be reopened until for the 
purpose of counting the ballots therein, at the close of 
the polls. 

Sect. 20. Any person who shall, after proclamation 
made of the opening of the polls, fraudulently put a 
ballot or ticket into the ballot box, shall, on conviction 
thereof, be imprisoned in the penitentiary, and kept at 
hard labor, not more than three years nor less than one 
year. 

Sect. 21. Any judge of the election who shall, af¬ 
ter proclamation made of the opening of the polls, put 
a ballot or ticket into the ballot box, except his own 
ballot, or such as may be received in the regular dis¬ 
charge of his duty, shall, on conviction thereof, be 
imprisoned in the penitentiary, and kept at hard labor, 
not more than five years nor less than one year. 

Sect. 22. The judges of the election shall, if re¬ 
quested, permit the respective candidates, or one or 
more, not exceeding three of their friends, to be pres¬ 
ent in the room where the judges are, during the lime 
bf receiving and counting out the ballots. 

Sect. 23. If any person challenged as unqualified to 
vote, shall be guilty of wilful and corrupt false swearing, 
or affirming, in taking any oath or affirmation prescri¬ 
bed by this act, such person shall be adjudged guilty of 
wilful and corrupt perjury, and, upon conviction there¬ 
of, shall suffer the punishment attached by the laws of 
this state to the crime of perjury. 

Sect. 21. If any judge of the election shall, know- 
ingly, receive, or sanction the reception of a vote, from 
any person not having all the qualifications of an elec¬ 
tor prescribed by this act ; or shall receive, or sanction 
the reception of a ballot from any person who shall re¬ 
fuse to answer any question which shall be put to him, 
in accordance with the provisions of the thirteenth sec¬ 
tion of this act, or who shall refuse to take the oath 
prescribed by the fifteenth section of this act; or shall 
refuse, or sanction the refusal by any other judge of 
the board to which he shall belong, to administer eith r 
of the oaths or affirmations prescribed by the thirteenth 
and fifteenth sections of this act; or if any judge or 







so 


THE NEW CONSTITUTION. 


clerk of the election, on whom any duty is enjoined by 
this act,shall be guilty of any wilful neglectofsuch duty, 
or of any corrupt conduct in the execution of the same, 
such judge or clerk, on conviction thereof, shall be im¬ 
prisoned in the penitentiary, and kept at hard labor, not 
more than five years nor less than one year. 

Sect. 25. Every person who shall be convicted and 
sentenced to be punished by imprisonment in the peni¬ 
tentiary, for any offence specified in this act, or who 
shall be convicted of, and sentenced for, bribery, under 
the eleventh section of this act, shall be deemed forev¬ 
er after incompetent to be an elector, or to hold any of¬ 
fice of honor, trust or profit within this state, unless 
such convict shall receive, from the governor of this 
state, a general pardon, under his hand, and the seal of 
the state ; in which case said convict shall be restored 
to all his civil rights and privileges. s 

Sect. 26. All prosecutions under the provisions of 
this act, shall be by indictment, before the court of com¬ 
mon pleas, in the county where the offence shall have 
been committed. 

Sect. 27. All fines incurred under this act, shall be 
paid into the county treasury where the offence was 
committed, for the use of such county. 

Sect. 28. This act shall be given specially in charge 
to the grand jury, at each term of the court of common 
pleas, by the presiding judge thereof. 

Sect. 29. So much of the act entitled “ an act to 
regulate elections,” passed February 18, 1831, and so 
much of the act entitled “ an act to punish betting on 
elections, and for other purposes,” passed Marcli 18, 
1839, as conflicts with this act, be and the same is here¬ 
by repealed. This act shall take effect and be in force 
from and after thefirstday of October next. 

FUGITIVES FROM LABOR AND JUSTICE. 


AN ACT respecting fugitives from justice, and per¬ 
sons escaping from the service of their masters. 

Sect. 1. Be it enacted by the Senate and Home of 
Representatives of the United States in Congress assem¬ 
bled, That whenever the executive authority of any 
state in the Union, or of either of the territories north¬ 
west or south of the river Ohio, shall demand any per¬ 
son as a fugitive from justice, of the executive of any 
such state or territory, to which such person shall have 
fled, and shall, moreover, produce the copy of an in¬ 
dictment found, or an affidavit made before a magistrate 
of any state or territory as aforesaid, charging the per¬ 
son so demanded, with having committed treason, felo¬ 
ny, or other crime, certified as authentic, by the gov¬ 
ernor or chief magistrate of the state or territory from 
whence the person so charged fled, it shall be the duty 
of the executive authority of the state or territory to 
which such person shall have fled, to cause him or her 
to be arrested and secured, and notice of the arrest to 
be given to the executive authority making such de¬ 
mand, or to the agent of such authority appointed to 
receive the fugitive, and to cause the fugitive to be de¬ 
livered to such agent, when he shall appear ; but if no 
such agent shall appear within six months from the 
time of the arrest, the prisoner may be discharged.— 
And all costs or expenses incurred in the apprehending, 
securing and transmitting such fugitive to the state or 
territory making such demand, shall be paid by such 
state or territory. 

Sect. 2. And be it further enacted, That any agent, 
appointed as aforesaid, who shall receive the fugitive 
into his custody, shall be empowered to transport him 
or her to the state or territory from which he or she 
shall have fled. And if any person or persons shall, 
by force, set at liberty, or rescue the fugitive from such 
agent, while transporting as aforesaid, the person or 
persons so offending, shall, on conviction thereof, be 


fined not exceeding five hundred dollars, and be im¬ 
prisoned not exceeding one year. 

Sect. 3. And be it also enacted, That when a per¬ 
son held to labor in any of the United States, or in 
either of the territories on the north-west or south of 
the river Ohio, under the laws thereof, shall escape in¬ 
to any other of the said states or territory, the person 
to whom such labor or service may be due, his agent 
or attorney, is hereby empowered to seize or arrest such 
fugitive from labor, and to take him or her before any 
judge of the circuit or district courts of the United 
States, residing, or being within the state, .or before 
any magistrate of a county, cify or town corporate, 
wherein such seizure or arrest shall be made ; and, up¬ 
on proof to the satisfaction of such judge or magistrate, 
either by oral testimony, or affidavit, taken before and 
certified by a magistrate of any such state or territory, 
that the person so seized or arrested, doth, under the 
laws of the state or territory from which he or she fled, 
owe service or labor to the person claiming him or her, 
it shall be the duty of such judge or magistrate to give 
a certificate thereof to such claimant, his agent or at¬ 
torney, which shall be sufficient warrant for removing 
the said fugitive from labor to the state or territory from 
which he or she fled. 

Sect. 4. And be it further enacted, That any person 
who shall knowingly and willingly obstruct or hinder 
such claimant, his agent or attorney, in so seizing or 
arresting such fugitive from labor, or shall rescue such 
fugitiye from such claimant, his agent or attorney, 
when so arrested, pursuant to the authority herein giv¬ 
en or declared, or shall harbor or conceal such person, 
after notice that he or she was a fugitive from labor as 
aforesaid, shall, for either of said offences, forfeit and 
pay the sum of five hundred dollars ; which penalty 
may be recovered by and for the benefit of such claim¬ 
ant, by action of debt, in any court proper to try the 
same ; saving moreover to the person claiming such 
labor or service, his right of action for, or on account 
of said injuries, or either of them. [Attroved, Feb¬ 
ruary 12, 1793.] 

Singular state of affairs in California —A San 
Francisco letter of March 3, in the New Orleans Pica¬ 
yune, graphically describes a state of things there un¬ 
precedented in the world. The harbor looks droll 
enough, with about forty vessels of all nations, mostly 
with cargoes on board, and a solitary captain or mate 
walking the deck. A seamstress can easily make $20 
or $30 per day, making pants. Several new towns are 
coming into notice, Berniad, Stockton, &c., at the head 
of the bay. 

The Gold Mines of California. 

It is stated on the authority of the American Con¬ 
sul at Mazatlan, that the yield of the Gold Mines of 
California during the present season is estimated at 
thirty millions of dollars. 

THE NEW CONSTITUTION. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ «• “ 10 00 

[FT All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

O’ Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 












THE NEW CONSTITUTION. 



“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Vol. I. 

Columbus, Ohio, Saturday, June 9, 1849. 

No. 6. 


Postage. —The postage on this work is the same as 
on a newspaper. 

Back Numbers. 

AH new subscribers to our New Constitution are fur¬ 
nished with back numbers. Wo made arrangements 
for this in the commencement, and subscribers can 
send in their names accordingly. 

O’ The reader will find in our pages the law of New 
York, recommending a Convention of the people of 
that State. We shall follow it at an early day by that 
of Pennsylvania. 

Journal of the Convention that formed the 
Ohio Constitution. 

We shall in the next number of the New Constitu¬ 
tion publish the whole journals of the proceedings 
forming the piesent Constitution of Ohio. Though not 
voluminous, they may be found of service, and no 
doubt will contrast greatly with the proceedings of the 
next Convention of delegates that may be held in Ohio 
for a similar purpose. Their publication is necessary 
to a full history of the past, and the perfecting of our 
work. 


The Election of Judges by the People. 

We referred, in our last number, to an article in the 
American Law Journal of Philadelphia, on the elec¬ 
tion of judges by the people. Since then, we have been 
furnished by the writer of the article, with a copy of 
that journal, and it is with pleasure we refer our rea¬ 
ders to it, in our pages. 

It is gratifying to witness the liberal spirit of the wri¬ 
ter and the ability with which he handles the subject — 
Though a Pennsylvanian, we should be pleased to hear 
from him direct, on the reforms now agitating the pub¬ 
lic mind in all paitsof the country. 


The Progress of Constitutional Reform. 

At the next eleciion in Kentucky, Delegates will be 
elected to remodel the state Constitution. 

Indiana and Michigan, this fall, will vote yea or nay 
on a proposition to call a convention to form new 
Constitutions. 

The voters of Pennsylvania, in October, will decide 
whether the Judiciary shall be elected by the people. 

Virginia is loudly demanding a new Conftitution to 
redress the wrongs of her people. 

Thus doth the ball of Constitutional Reform and en¬ 
larged liberty to the masses, roll on. 


“The New Constitution.” 

The last number of this standard publication con¬ 
tains an ably written and very interesting history of the 
Constitutional Reform movement in this State. Re¬ 
ferring to the communications published in the Ohio 
Statesman in 1841, by the late lamented Hamar, the 
Constitution adds, “a writer in the “Ohio State Jour¬ 
nal,” whose name is still unknown to the public, sus¬ 
tained the views of Mr. IT.” We take pleasure in say¬ 
ing that the writer here referred to, is our friend R. S. 
Hart, Esq., of this city, a whig, but still, as then, a 
warm supporter of the reform movement. Mr. H. is 
a liberal minded gentleman, and we are happy to stand 
by him as a fellow laborer in this good cause. 

We well remember Gen. Hamar’s communications, 
having immediately thereafter prepared some two or 
more articles responsive to their views, which were pub¬ 
lished in the New Lisbon “Patriot,” of August 13, and 
Sept. 3, 1841 .—Dayton Empire, of June 6th. 

We a>-e pleased to see the above, from our friend 
Vallandigham, of the Empire. We are glad also, to 
learn the name of the writer referred to by us, and that 
he (Mr. Hart) is still a warm advocate for reform. We 
hope his pen may not be idle in the present contest, as 
we now have the opportunity of voting on the question. 
Our columns are open to him. 

Will Mr. Vallandigham send us the articles he refers 
to, that were published in the New Lisbon Patriot, in 
1841? There is an attempt making by a few, to show 
that the question of a New T Constitution has been got 
up as a new one, to answer present party purposes.— 
We desire to show that it has been one long agitated 
by some of the best minds of the State, and thus pre¬ 
vent prejudice to the cause of reform. 

It is very true that public opinion has been enlarged 
—greatly enlarged, in reference to constitutional re¬ 
forms, within the last few years—the masses of the 
people have thought more intently and more to the pur¬ 
pose upon such questions,throughout all civilized coun¬ 
tries than formerly, and the effect of these reflections 
will be largely and legibly stamped upon the written 
history of this era, in both Hemispheres. 

We do not desire to disguise this fact, because we 
think it is the most favorable indication of the times 
that it is so, and reflects the highest credit and is the 
greatest eulogy upon the sound sense and honest purpo¬ 
ses of those who set the ball of constitutional govern¬ 
ments in effective motion in 1776. 

The very knowledge of the fact, that the public is 
thus working out new features in constitutional guar¬ 
antees of public liberty and safety in the modern 
codes, is the strongest argument for a full and liberal 
discussion of them, and hence, the main object of this 
publication. 



























82 


THE NEW CONSTITUTION. 


Efforts at Cosistifuisosi S IScform «tai- 
riag tlie Legislative Sesssms of B.84§ 
’49—Passage of the Joint ISesolit- 
tions for cidlitig a Convention: 

The efforts of the friends of constitutional reform, 
narrated in the last No. of the New Constitution, 
though unsuccessful, were of a character to inspire 
them with renewed hopes. Though defeated for years, 
vet each defeat served but to show the additional 
strength gained in favor of the calling of a convention, 
by the discussion of the subject, and the session of 
1848-49 opened with high hopes of ultimately passing 
the measure. 

On the 4th day of January, the first day which the 
Senate, in consequence of the disorganized state of the 
House of Representatives, could do business, Mr. Ew¬ 
ing, of Hamilton, introduced into the Senate a bill “ to 
provide for ascertaining the will of the people of this 
state upon the calling of a convention to amend or 
change the constitution of the same.” In the regular 
order of business, the bill was read the second time on 
the 5th of January, and committed to a committee of the 
whole Senate, and on the 15th was reported back and 
referred to the standing committee on the Judiciary. 

On the 2d of February, Mr. Archbold, from the Ju¬ 
diciary committee, made a written report on the bill as 
follows: 

“The committee on the Judiciary, to whom was re¬ 
ferred Seuate bill No. 6. to ascertain the will of the 
people of this State concerning a constitutional con¬ 
vention, report the same back and unanimously re¬ 
commend its engrossment and passage with some slight 
verbal amendments. Circumstances admonish us to 
be brief in our argument. The strength of our con¬ 
victions must not be measured by the number of our 
words. 

“Our present Constitution, in astrain of sublime and 
simple eloquence, borrowed from Magna Charta, prom¬ 
ises that “the courts of justice shall be open, and every 
person for injury sustained in his lands, goods, person, 
or reputation, shall have remedy by due course of law 
and right, and justice administered without denial or 
delay.” It was right to make this promise for a civil 
suit in a court of justice as a substitute for private 
war. But the promise is not performed. Right and 
justice are both denied and delayed in the tribunals of 
iast resort; and this without any imputation on the 
Judges who are physically incapable of performing the 
task assigned. This is notoriously the case at present, 
with a population of two millions; less than twenty 
years will double our numbers. But the fault is in the 
Constitution itself, which will not allow a sufficient 
judiciary force on the supreme bench. 

‘fit is also thought by some gentlemen that the cre-e 
tion of courts of Probate, unembarrassed by the im¬ 
mense variety of business in our courts of Common 
Pleas would be highly advantageous. It is confident¬ 
ly believed thata vast mass of local matters which now 
claim the attention of the General Assembly might be 
advantageously committed to local jurisdictions in the 
several counties. 

“An extension of the principle of popular election 
to many posts and places now filled by appointment of 
the General Assembly is by m any thought advisable. 

“The committee will indulge in a few concluding 
observations. A majority of the States of the Union 
have changed their organic institutions since the com ■ 


mencement of the present century. It is not believed 
that any one of them was impelled to the change, by 
reasons so weighty as those which urge us to adopt the 
same policy. We are laboring under the pressure of 
admitted evils. Every man in and out of the General 
Assembly admits the defects of the present Constitution. 
We have peace in all our borders. No foreign foe 
threatens us from without; no insurrection or rebellion 
lifts its gorgon head within. We arc not supposed to 
be restrained from the task of amending our defective 
institutions by the pressure of external clanger, but by 
the presence of internal vice and weakness. And the 
ghosts of anarchy and confusion and agrarianism and 
disorganization and civil strife are conjured up and 
made to stalk across the stage before our eyes, in long 
and hideous array to overcome our firmness and dis¬ 
suade us from action. If these opinions are well found¬ 
ed, if we are really unable to relieve ourselves from 
the enormous burden of admitted evils, it is our duty, 
in candor to announce to the world that popular Gov¬ 
ernment is a failure in Ohio. Did weconcur with gen¬ 
tlemen in such ideas, we should invite the Assembly 
and the people to proceed instantly to lay our rights 
and liberties, all that we value, and all that we hold 
dear, at the footstool of despotism!! 

“EDWARD ARCHBOLD, 
Charman Jud. Com.” 

After the bill was amended, the question was on or¬ 
dering it to be engrossed, and the yeas and nays being 
ordered, were taken and resulted as follows : 

Yeas —Messrs. Ankeny, Archbold, Backus, Beaver, 
Bennett, Blake, Blocksom, Burns, Byers, Dennison, 
Dimmock, Dubbs, Emrie, Ewing, Goddard, Hendr.cks, 
Lewis, Myers, Patterson, Swift, Vinal, Whitman, Wil¬ 
son and [Randall] Speaker—24. 

Nays —Messrs. Cluypool, Conklin, Corwin, Haines, 
Kendall and Scott—6. 

So the bill was ordered to be engrossed. 

On the next day the bill was read the third time and 
then laid on the table. By referring to the reports in 
the “ Statesman” of that day, we find that the Senate 
was not full, and that it requiring two-thirds of the 
whole Senate to pass the bill, Mr. Goddard moved to 
lay it on the table for the present. 

On the 13th of March the bill was taken up, and af¬ 
ter a call of the Senate was had and Mr. Ewing excused 
on account of sickness, the question being, “Shall the 
bill pass ?” the yeas and nays were demanded and were 
us follows : 

Yeas —Messrs Ankeny, Archbold, Backus, Beaver, 
Bennett, Blake, Blocksom, Burns, Byers, Chase, Den¬ 
nison, Dimmock, Dubbs, Emrie, Evans, Goddard, Gra¬ 
ham, Hendricks, Horton, Lewis, Myers, Patterson, 
Scott, Swift, Wilson, Worcester and [Randall] Speak¬ 
er—27. 

Nays —Messrs. Claypool, Conklin, Corwin, Haines, 
Kendall and Vinal—6. 

So the bill passed. Ordered that the House be in¬ 
formed thereof. 

On the 5th of January, the day after theintroduction 
of Mr. Ewing’s bill into the Senate, Gov. Bebb trans¬ 
mitted the annual message of the Governor to the Le¬ 
gislature, and in which he thus spoke of the necessity 
of calling a convention to remodel the state constitu¬ 
tion. 

“ The constitution of the State of Ohio was formed 
in November, 1802, when there were but nine coun- 







THE NEW CONSTITUTION. 


83 


ties, and less than fifty thousand inhabitants in the 
state. That constitution declares that a frequent re 
cnrrence to the fundamental principles of civil govern¬ 
ment is absolutely necessary to preserve the blessings 
of liberty. It is one of those fundamental principles 
that governmental power emanates from the people. I 
therefore believe that all offices, legislative, judicial ahd 
executive, should be made elective directly by the peo¬ 
ple. I believe that biennial instead of annual sessions 
of the General Assembly, would, at less expense, bet¬ 
ter subserve the interests of the state. I believe that 
there should be some constitutional limitation upon the 
power to incur state debts. And I believe that our 
judicial system is susceptible of very material improve¬ 
ment. 

“ For these prominent reasons, as well as that the 
constitution may in other respects be accommodated to 
the present condition of the state, and entertaining the 
utmost confidence that the whole subject is safe in the 
hands of the people, and there only, I beg leave to urge 
upon the Legislature that 1 they shall recommend to 
the electors at the election for members to the General 
Assembly to vote for or against a convention,’ that this 
question may be brought before the people in the only 
mode prescribed by the constitution.” 

While the Senate was progressing with the bill 
introduced by Mr. Ewing, a bill was introduced into 
the House of Representatives by Mr. Smith, of Brown, 
on the 22d of January, “ to provide for ascertaining the 
will of the people of this state upon the question of 
calling a convention to amend or change, the constitu¬ 
tion of the same,” which was read the first time on the 
22d of January, and on the following day was read a 
second time and committed to acommittee of the whole 
House. On the 7th of February the bill was consid¬ 
ered in committee of the whole, and when reported 
back, on motion of Mr. Smith, of Brown, was re¬ 
committed to a select committee of one. 

On the 26th of February Mr. Smith, from the com¬ 
mittee on that subject, reported back the bill. Mr. 
Chaffee, of Ashtabula, moved its recommitment to a 
select committee of three—lost, yeas 31, nays 39. 

Mr. Hardesty, of Carroll, moved that the bill be in¬ 
definitely postponed. Lost, yeas 28, nays 42, as fol¬ 
lows : 

Yf.as— Messrs Bigger, Brainerd, Bundy, Copeland, 
Dodds, Foster, Giddings, Green, Gregory, Hambleton, 
Hammond, Hardesty, Holcomb, Howard, Johnson of 
Cuyahoga, Jones, Julian, Marsh, Olds, Pennington, 
Phillips, Randall, Rockwell, Scott, Smith of Madison, 
Thompson, Watt and Will—28. 

Nays —Messrs. Armstrong, Brewer, Burt, Chaffee, 
Cockerill, Dalzell, Dresbach, Durbin, Edson, Franks, 
Johnson of Medina, Keller, King, Larimer, Lee, Lei- 
ter, Long, Miller, McClure, Monfort, Moore, Morrow, 
Morris, Mott, Norris, Pierce, Potter, Pugh, Reber, Rid¬ 
dle, Ringwffod, Roedter, Smart, Smith of Brown, 
Townshend, Truman, Van Buskirk, Van Doren, Vor- 
hes, Whiteley and [Breslin] Speaker—42. 

Mr. Smith, of Brown, moved to lay the bill on the 
table, and that it be made the special order of the day 
for Monday next. Lost. 

Mr. Bigger, of Guernsey, moved to lay the bill on 
the table, and that it be made the special order of the 
day for Tuesday week next thereafter. Lost. 


The question was then taken on the engrossment 
of the bill, and it resulted as follows: 

Yeas— Messrs. Armstrong, Brewer, Burt, Chaffee, 
Cockerill, Dalzell, Dresbach, Durbin, Edson, Franks, 
Johnson, of Medina, Keller, King, Larimer, Lee, Lei- 
ter, Long, Miller, McClure, Monfort, Moore, Morrow, 
Morris, Morse, Mott, Norris, Pierce, Potter, Pugh, Re¬ 
ber, Riddle,Ringwood, Roedter,Smart, Smith, oJBrown, 
Townshend, Truman, Van Buskirk, Van Doren, Vor- 
hes, Whitely and Speaker—42. 

Nays —Messrs. Bigger, Brainerd, Bundy, Copeland, 
Dodds, Foster, Giddings, Green, Gregory, Hambleton, 
Hammond, Hardesty, Holcomb, Howard, Johnson, of 
Cuyahoga, Jones, Julian, Marsh, Olds, Pennington, 
Phillips, Randall, Scott, Smith, of Madison, Thompson, 
Watt and Will—27. 

The question was then taken on ordering the pream¬ 
ble to the bill to be engrossed, and it was lost without 
a division. The bill was then ordered to a third read¬ 
ing on to-morrow. 

On the 27th of February, the bill was read the third 
time, and the question being on its passage, pend¬ 
ing a motiou to postpone, an animated debate ensued. 
That portion of the reported debate, confined strictly 
Iy to the question we copy below: 

Mr. Olds was opposed to the reference. He had here¬ 
tofore expressed himself favorably to the measure, but 
circumstances had occurred since the meeting of the 
Legislature which had induced him to desire the post¬ 
ponement of this issue. If this bill were to become a 
law, the main issue at the next election would be on the 
constitution. He wished that the people should decide 
the issues made up at this session, and that they might 
dedlde them without their minds being disturbed by any 
other or foreign matters. He would, therefore, vote 
against the reference and against the bill. 

Mr. Chaffee expressed his intention of voting for the 
bill. He wanted a new constitution which would take 
from the Legislature the powers of election, and put a 
stop to the corrupt log rolling which he had seen this 
winter. 

Mr. Marsh concurred with Mr. Olds, but for other 
reasons. He did not understand that the people de¬ 
sired a new Constitution. On the contrary he thought 
that it was mainly the bar which had made the stir in 
this matter for the purpose of reforming the judiciary. 
When the proper time come he would vote for the new 
Constitution, and he believed he might promise for his 
friends that they would be found equally ready to take 
from the Legislature this power of election and restor¬ 
ing it to the people. No petitions had come up here 
from the people. How do gentlemen know that this is 
the desire of their constituents? We ought to under¬ 
stand our old constitution before we undertake to make 
a new one. We had grown up under an old constitu¬ 
tion to be the third State in the Union, and until this 
session it had never been supposed that we were with¬ 
out one. He did not think that times when every 
young man would answer fiippantly that is unconsti- ' 
tutional, or this is constitutional, when no reflection 
was given to questions of the most vital importance, 
but every thing was carried with hot haste, the proper 
time for considering such subjects. He was not willing 
that these men should have any hand in the making of 
the constitution, or in agitating the people on the sub¬ 
ject. 

Mr. Riddle. The friends of reform now are met 
with the same cry that they always have encountered; 
your reform is salutary or necessary but this is not the 
time1 When, sir, will the time dawn upon us, if this is 







84 


THE NEW CONSTITUTION. 


not the time? It never will come, sir, so long as poli¬ 
tics ami politicians may dictate its advent. It is their 
interest to keep the people apart; for the very moment 
that the great majority of the people are once fused 
upon this subject, that moment their old ideas and old 
leaders will be refused. lie regretted to see that a great 
party to which he had been proud to belong, setting 
itself almost in a body against this new constitution. 
It was a party of the past, it lingered around it, and 
hovered over it, for it distrusted the present, to which it 
was unequal, and, sir, that party would have no future. 
It belonged essentially to the past, and with the past 
must perish. The young men who have been blamed 
are those who must do this labor. Progress never came 
from an old politician, or from an old organization. It 
is from the same bosom from which the rash and hasty 
exclamation bursts, that flows also the yearning for pro¬ 
gress which drags mankind on its race. This constitu¬ 
tion has grown too strait for us. 

Mr. Pugh. This bill does not propose to call a Con¬ 
vention, it cannot do so, and the gentleman from Pre¬ 
ble has thrown away his eloquence and his indignation. 
If the people do not wish this new Constitution, we 
propose to let them say it. And this is the difference 
between the two parties on the two sides of this cham¬ 
ber. No proposition to submit to the people any in¬ 
quiry, has ever failed of our support, few have ever re¬ 
ceived theirs. These gentlemen think that they are 
sent here to govern the people, because they are the 
wisest and the best. We believe ourselves the servants 
of the people, to do their will, and to ascertain their 
will, whenever we are in doubt about it. That Consti¬ 
tution which suited a State composed of nine counties, 
is no longer adequate to the necessities of one compos¬ 
ed of over eighty. But this is not the time! It will 
interfere with the party electioneering arrangements. * 
* * ' * * * * 

Mr. Olds had not expected to have caused such a 
gush of eloquence as the House had heard since he had 
taken his seat, nor had he though that he was making 
himself a barrier between the wishes of the people, and 
their consummation. He would be swept away, were 
he foolish enough to do so, in the mighty rush of the 
waters, and be heard of no more. But he had not neard 
these cries of the people, nor did he think as the gentle¬ 
man from Geauga did, that this State was a great over¬ 
grown baby, striving to kick off its diaper grown too 
small for it, and shouting for another and a larger one 
to cover its nudity; nor did he conceive that it was an 
overgrown boy whose vest and breeches would not 
meet upon him, and blushed for larger and better fitting 
clothes to shield him from the admiring gaze of the 
sister States. He thought those enthusiastic boys, as 
the gentleman from Hamilton will have them who made 
this constitution, understood better the true principles 
of republicanism, than we, their descendents, have ev¬ 
er attained. He was not prepared to say that these 
men acted with the inconsiderateness of youth; for he 
thought on the contrary, they were men of large in¬ 
tellects and large hearts, and their works bear the marks 
of their genins. He called on gentlemen to let their 
gaze wander for a moment from the unknown future, 
to the uncertain, but anxious present, to recognize the 
present before they rushed wildly on the future. If 
they wish to maintain and guard their republican liber¬ 
ty, they had better study the past than to run blindly 
into the unknown future. 

He (Mr. 0.) was not opposed to a new constitution, 
but he did think that the events of this year should be 
considered by the people, and decided by them before 
this great cloaK of the new constitution shall be flung 
over all the principles of the past to shroud them from 
the eyes of the people of the State. Mr. O. continued 
at some length to illustrate this position. * * * 


Mr. Norris replied to the remarks which had been 
- made by Messrs. Olds and Marsh in the morning; and 
t asserted the right of the people in all cases to review 
I and amend the fundamental law. It was a right which 
I they could not surrender without, at trie same time, 

: surrendering their sovereignty, because the very basis 
; of their authority, and therefore the bulwark of their 
liberty, was the right of changing their laws, and their 
legislatures, wherever the one became oppressive or the 
other false to their trust. Without this right, a consti¬ 
tution, which like the laws of the States, would be un¬ 
alterable, would only differ from a despotism in that it 
was the creation of the people themselves. If, however, 
the law prescribed certain forms in accordance with 
which amendments, to be legal, must be made, what 
shall we say of those servants of the people, who taking 
advantage of their ministerial duty in this respect, re¬ 
fuse to the citizens the right even to say that they are 
dissatisfied with the government made by other men, in 
other times, and for widely different circumstances? Is 
not this a tyranny as gross as that which that Queen 
of England exercised, who sent her message to the Par¬ 
liament, that they should not concern themselves with 
matters of State? Do you not, by refusing to the peo¬ 
ple the right of revising this instrument upon which 
our whole political system is constructed, in effect, 
condemn that people to support a government which is 
not the one of their choice? And is not this the es¬ 
sence of the tyranny which has ever oppressed this 
globe. But when gentlemen unblushingiy avow thus 
their motive for such conduct on a point so momen¬ 
tous, it is nothing but a miserable calculation of party 
interest. Do we not begin to see that there is a neces¬ 
sity for some reform, which shall take the control of 
our rights and properties from the hands of such des¬ 
perate partisans. It is admitted on all sides that there 
is a necessity for reform; no man pretends to assert that 
this constitution is nearly what it should be. It is no¬ 
torious that the interest of the people and of the State, 
are suffering from the inadequacy of that instrument 
to provide for their wants, and to protect their inter¬ 
ests. ******* 

The motion to recommit was then withdrawn, and 
the question being, “Shall the bill pass ?” was taken 
and resulted as follows : 

Yeas —Messrs. Armstrong, Brewer, Burt, Chaffee, 
Cockerill, Dalzell, Dresbach, Durbin, Edson, Franks, 
Johnson of Cuyahoga, Johson of Medina, Keller, King, 
Larimer, Lee, Leiter, Long, McClure, Miller, Monfort, 
Morris, Morrow, Morse, Moore, Mott, Myers, Norris, 
Peirce, Potter, Pugh, Reber, Riddle, Ringwood, Roed- 
ter, Rockwell,Smith of Brown, Smart, Townshend, 
Truman, Van Btiskirk, Van Doren, Vorhes, Whiteley, 
and [Breslin] Speaker—45. 

Nays —Messrs. Bigger, Brainerd, Bundy, Copeland, 
Dodds, Foster, Giddiugs, Green, Gregory, Hambleton, 
Hammond, Hardesty, Holcomb, Howard, Jones, Julian, 
Marsh, Olds, Pennington, Phillips, Randall, Scott, 
Smith of Madison, Thompson, Watt and Will—26. 

The Speaker (Mr. Breslin) in deciding the vote,said: 

“ The yeas are 45, the nays 26. I shall • decide this 
question with some doubt in my own mind. The con¬ 
stitution prescribes that < whenever two-thirds of the 
General Assembly shall think it necessary’ they shall 
have power to calt upon the people to vote for or 
against calling a convention to amend the constitution. 
This is not the ‘ General Assembly ’—it is the House; 
forty-five members have voted for this bill • if, in the 
Senate, twentrj-seven members were to vote for the bill, 
the combined vote in the ‘ General Assembly ’ would be 
seventy-two—being ‘ two-thirds ’—yet it has always 







THE NEW CONSTITUTION. 


85 


been held that in each branch of the General Assembly 
two-thirds are necessary to pass a bill of this charac¬ 
ter. 1 find that decision has been made by several of 
my predecessors, and sustained by the Assemblies over 
which they presided. The question, at best, is one of 
doubt. I shall yield to precedent and decide the bill to 
be lost.” 

The bill in relation to a convention to remodel the 
state constitution, which passed the Senate, was sent 
to the House and was there read for the first time on the 
14th of March; on the following day it was read a 
second time, and on motion of Mr. Roedter, the rule 
was dispensed with, and the bill on the same day was 
read the third time. 

Pending this question, a resolution was introduced, 
directing the clerk to send a message to the Senate ask¬ 
ing that body for a certified copj of the yeas and nays 
on the passage of the bill. 

The reply was received before the final wote was ta¬ 
ken in the House. 

The question on the passage of the bill was then ta¬ 
ken and resulted as follows : 

Yeas— Messrs. Armstrong, Brewer, Burt, Chaffee, 
Cockerill, Dalzell, Durbin, Edson, Franks, Johnson of 
Medina, Keller, King, Larimer, Lee, Leiter, McClure, 
Miller, Monfort, Moore, Morrow, Morris, Morse, Mott, 
Myers, Norris, Pierce, Pugh, Reber, Riddle, Ring- 
wood, Roedter, Smart, Smith of Brown, Townshend, 
Truman, Van Buskirk, Van Doren, Vorhes, Whiteley 
and [Breslin] Speaker—40. 

Nays —Messrs. Bigger, Brainerd, Bundy, Copeland, 
Dodds, Foster, Giddings. Green, Gregory, Hambleton, 
Hammond, Hardesty, Holcomb, Jones, Julian, Olds, 
Pennington, Phillips, Randall, Rockwell, Scott, Smith 
of Madison, Thompson, Watt and Woodford—25. 

The Speaker (Mr. Breslin) remarked, that in accor¬ 
dance with his decision on a previous and similar occa¬ 
sion, and having ascertained bv the official vote of the 
Senate, that the combined vote of the “ General As¬ 
sembly,” there being j r eas 27, in the Senate, and ye s 
40 in the House, is not “ two-thirds,” he would decide 
the bill to be lost. 

Mr. Pugh, of Hamilton, then moved a reconsidera¬ 
tion of the vote by which the bill of the House, on the 
question of calling a convention, was lost. Carried, 
yeas 40, nays 25. The question then being, “shall 
the bill pass ?” was taken and lost, yeas and nays as 
follows: 

Yeas —Messrs. Armstrong, Brewer, Burt, Chaffee, 
Cockerill, i>alzell. Durbin, Edson, Franks, Johnson of 
Medina, Keller, King, Larimer, Lee, Leiter, McClure, 
Miller, Monfort, Morris, Morrow, Morse, Moore, Mott, 
Myers, Norris, Pierce, Pugh, Reber, Riddle, Ring- 
wood, Roedter, Smith of Brown, Smart, Townshend, 
Truman, Can Buskirk, Van Doren, Vorhes, Whiteley 
and [Breslin] Speaker—40. 

Nays —Messrs. Bigger, Brainerd, Bundy, Copeland, 
Dodds, Foster, Giddings, Green, Gregory, Hambleton, 
Hammond, Hardesty, Holcomb, Jones, Julian, Olds, 
Pennington, Phillips, Randall, Rockwell, Smith of 
Madison, Scott, Thompson, Watt and Woodford—25. 

On the 21st of March, Mr. Goddard, of Musking¬ 
um, introduced the following joint resolution in Senate 

“ Resolved by the General Assembly of the State of 
Ohio, (two-thirds of each branch concurring therein,) 


That it be recommended to the electors at the next 
election for members of the General Assembly to vote 
for or against a convention to amend the constitution 
of this state. 

“ Resolved further, That the votes for or against a 
convention shall be returned and certified in the same 
manner as votes for Governor are certified and re¬ 
turned.” 

Mr. Vinal, of Clark, moved the reference of the joint 
resolution to the standing committee on the Judiciary, 
which was agreed to. 

Ths same alternoon, Mr. Archbold, from the Judi¬ 
ciary committee, reported the following as a substitute 
for the resolution of Mr. Goddard, which was agreed to. 

“JOINT RESOLUTION, relative to taking a vote 

by the people to amend the constitution of the state : 

“ Resolved by the General Assembly of the State of 
Ohio, (two-thirds of the members of each House of 
the General Assembly concurring therein,) That it is 
necessary to amend the constitution of the state of 
Ohio, and we do hereby recommend to the electors, at 
the next election for members of the General Assem¬ 
bly, to vote for or against a convention, agreeably to 
the provisions of the fifth section of the seventh article 
of the constitution ; and the judgos of elections held 
within each and every townshipof this state shall receive 
and transmit with the returns of votes given for mem¬ 
bers of the General Assembly,to the clerk of the court 
ofcommon pleas within their respective connties a state¬ 
ment of all the votes given within their respective town¬ 
ships, for and against a convention, And the clerks of 
the courts of common pleas in the several counties 
within this state are directed to include in the general 
abstract of votes given within their respective coun¬ 
ties for members of the General Assembly, a statement 
of the number of votes given within their respective 
counties for and against a convention to amend the con¬ 
stitution of this state, and returned to their lespective 
offices, and forward the same to the office of the Secre¬ 
tary of State previously to the next session of the Gen¬ 
eral Assembly.” 

The question being on the passage of the resolution, 
as amended, was taken and resulted, yeas 29, Nays 5, 
as follows : 

Yeas —Messrs. Ankeny, Archbold, Backus, Beaver, 
Bennett, Blake, Blocksorn, Burns, Byers, Chase, Den¬ 
nison, Dimmock, Dubbs, Emrie, Evans, Goddard, 
Haines, Hendricks, Horton, Lewis Myers, Patterson, 
Scott, Swift, Vinal, Whitman, Wilson, Worcester and 
[Randall] Speaker—29. 

Nays— Messrs. Claypool, Conklin, Corwin, Judy, 
and Kendall—5. 

So the resolution passed, and was sent to the House 
of Representatives for concurrence. 

On Thursday, March 22, the resolution was received 
and read in the House of Representatives. Mr. Towns¬ 
hend, of Lorain, moved its reference to a select com¬ 
mittee of one, which was agreed to. 

On the next day, (March 23d,) Mr. Townshend, from 
the select committee on that subject, reported back the 
joint resolution in relation to the calling of a conven¬ 
tion to remodel the state constitution, and the ques¬ 
tion “ Shall the joint resolution pass ?” was taken and 
decided by yeas and nays as follows: 

y EAS —Messrs. Armstrong, Bigger, Brainard, Burt, 
Cockerill, Copeland, Dalzell, Dodds, Dresbach, Durbin , 







83 


THE NEW CONSTITUTION. 


Edson, Foster, Franks, Giddings, Green, Gregory, 
Hambleton, Hardesty, Howard, Johnson of Medina, 
Julian, Keller, King, Larimer, Long, Marsh, Miller, 
Montfort, Morris, Morse, Mott, Myers, Norris, Olds, 
Pierce, Randall, Reber, Ringwood, Roedter, Rockwell, 
Smith of Brown, Smith of Madison, Thompson, 
Townshend, Truman, Van Doren, Watt, Will, Wood¬ 
ford and [Breslin] Speaker—51. 

Nays —Messrs. Pennington and Phillips—2. 

Forty-eight votes being two-thirds of all the mem¬ 
bers of the House of Representatives, and the yeas and 
nays showing a recorded vote of fifty-one members in 
favor of its passage, and but two members against it, 
the Speaker decided the resolution finally passed. 

The announcement of the Speaker was received 
with much applause from the members and front the 
crowd of citizens in the gallery, who had watched the 
proceedings with marked interest. 

Thus this measure for which the friends o( constitu¬ 
tional reform had labored for years to accomplish, was 
passed, and the people have now to make their election 
whether the constitution needs change or not. 

In tracing the history of Ohio from the first discove¬ 
ry of the North-western Territory by the French mis¬ 
sionaries, through the conflicting titles of France and 
England, and of the different states, and in showing 
the kind of a government instituted under the Ordin 
ance of 1787, we have had two objects in view. The 
first, to preserve and present in compact form, much 
valuable information, collated with care from various 
sources, in relation to the early history of the beauti¬ 
ful state in which we live; and secondly, to show, by 
the same tracing of history, that the present constitu¬ 
tion of the state was formed in haste, for the purpose 
of ridding the people of an unpopular and oppressive 
territorial government. These objects were so blended 
together that the accomplishment of the latter necessa¬ 
rily involved the labor of the former, and though we 
have go ne into matters not necessarily appertaining to 
a revision of the constitution, yet the information we 
have gathered with much research in the state library, 
and in the private libraries of our citizens, is of that 
character worthy of preservation, and we feel a confi¬ 
dence that none of our readers will regret the space it 
has occupied. 

A good and complete history of Ohio has never yet 
bpen written. In our search among the records of the 
state, and of the different works on Ohio, this fact has 
impressed itself most forcibly upon our mind. Save 
in the personal adventures of our citizens, and their 
conflicts with the savage foe, but little is known. So 
far as we were able so to do, in our publication, we 
have supplied this vacuum, and though our skeleton 
history (for it makes pretensions to nothing else) Is far 
from being perfect, yet we have collated facts and doc¬ 
uments given in no other work in so connected a form. 
In doing this, we have availed ourself of all the libra¬ 
ries at our command, and have extracted freely from 
the legislative journals, from Chase, Howe, Bancroft, 


Whittlesey, and other writers of acknowledged cor¬ 
rectness, as wellas from the early laws of the state. 

The state authorities have paid but little or no at¬ 
tention to the preservation of the archives of the state* 
and so careless have they been in times past, that it is 
a fact, which as a citizen of the state we blush to ac¬ 
knowledge, that the state is not even the owner of a 
full set of the laws and journals since the organization 
of the state government, and that within the whole 
state,so far as is known, not a single full set can be 
found. A gentleman of this city has a set nearly com¬ 
plete, one or two volumes being mutilated ; and this 
comes the nearest of being a full set of any in exist¬ 
ence. These facts are given to show the extreme dif¬ 
ficulty of the task in making up a connected history of 
the state and of the efforts in favor of constitutional 
reform. 

The people now have it in their power to change 
the state constitution so as to make it .conform to 
the progressive spirit of the age, and by so doing to 
simplify their state government and make it cost less to 
the tax-payer, and at the same time better protect the 
citizen in his rights. That they will take advantage of 
the opportunity thus presented, and by an overwhelm¬ 
ing majority decide in favor of a new constitution, we 
have not a doubt. 


Written for the New Constitution. 
The New Constitution and Jndicial Reform. 

NUMBER TWO. 

Mr. Editor :—I promised in my last communication 
to make a few more suggestions upon the subject of 
judicial reform in Ohio ; and in order to present my 
views in connection with those already advanced, I 
would call the attention of the reader to that branch of 
our judicial proceedings which constitute the science of 
pleading. # 

Pleading is defined to be “the statement in alogical 
and legal form of the facts which constitute the plain¬ 
tiff’s cause of action, or the defendant’s ground of de¬ 
fence.” The practice in our courts under this defini¬ 
tion, when applied to the various forms of action now 
in use, has been a subject of much embarrassment,and 
fruitful only with nice forensic discussion ; and so long 
as the different forms of action are kept in use, so long 
this technical mode of pleading will be followed as a 
necessary consequence. The nice distinctions which 
prevail between the different forms of action, must 
mark and be followed by every material allegation in 
the declaration. Hence the great difficulty in securing 
the ends of justice through such a mass of useless 
technicality. 

Now, if all the forms of action were reduced to 
three, as stated in my former communication, the plead¬ 
ings would necessarily be reduced to a plain simple 
statement of the facts, in writing, by both parties.— 
Then this encumbering load of long usage, which has 
oppressed the suiters of court with such enormous ex¬ 
pense, “ so long whereof the memory of man runneth 
not to the contrary,” will find place only in the musty 
pages of by-gone writers, and read only by the anti¬ 
quarian and learned scholastic. 

I have thought proper to defer my remarks upon the 
re-organization of the courts until yournext No. of the 
Constitution. Yours, See., 

PER CURIA. 








THE NEW CONSTITUTION. 


S7 


Written for the New Constitution. 

The Constitution and Legal Reform—Internal 
Improvements. 

A revision of the present Constitution with a view to 
its alteration, so as to entirely prohibit the Legislature 
from hereafter engaging in schemes of internal improve¬ 
ment, cannot be too strenuously urged upon the peo¬ 
ple. To this system, most of the evils which have been 
entailed upon the State and under which we are now 
suffering are to be traced, to wit: A large State debt and 
its necessary attendant heavy taxation. No one at this 
present day will for a moment contend that the legis¬ 
lature ever had any express constitutional authority for 
entering into such a scheme, or will it be contended, 
that such authority existed by implication, unless the 
grossest latitude be allowed in the construction of that 
instrument,—a latitude and meaning which never enter¬ 
ed the minds of the framers of it. I do not propose 
now to discuss the constitutionality of the internal im¬ 
provement scheme, as it has been put into practice in 
Ohio; the time for that is gone by, the system has gone 
into operation and has resulted disastrously to the State. 
But what I j]o propose to discuss, is the propriety of ab¬ 
solutely prohibiting, expressly in the Constitution, by 
words not to be mistaken in their meaning, the legisla¬ 
ture from ever legislating on the subject. If it is ne¬ 
cessary and proper that improvements, such as canals 
and rail roads should be made in the State, individual 
capital and enterprise will make them if they are profit¬ 
able. This fact cannot be better illustrated than by refer¬ 
ence to the many improvements now in state of pro¬ 
gress within our borders, and others already completed, 
all of them conducted solely by individual enterprise.— 
This fact cannot be disputed—neither can it be dispu¬ 
ted but that such would have been the fact if the State 
had never moved an inch in this system of improve¬ 
ments—nothing with more truth can be laid down than 
this: that individual capital will always find investments 
where it is profitable to make such investments, if it is 
profitaole to make them in canals and rail roads, they 
will be made, if it is not profitable, they will be with¬ 
held. Now,'the advocates of this improvement system 
by the State, always place it upon the ground of its 
great profit to the State as a source of revenue, and that 
the State will at the same time reap such reward and 
benefit the region of country through which the im¬ 
provement passes. As I before said, individuals in mat¬ 
ters of finance, are generally as keen as the State, (to 
her sorrow she has found them a little more so,) and if 
any thing is to be made by the construction of such 
improvements, it will be found out long before the fact 
could be drilled into the ears of our slow motioned le¬ 
gislators. It follows, therefore, that all profitable im¬ 
provements will be made by individuals without the 
aid of the State, and that the aid of the State is only 
to be invoked and given to improvements which are 
unprofitable. Such has been tested by experience to be 
the fact. The lowest estimate of the cost of the pub¬ 
lic works owned by the State including turnpike stock, 
&c., is not a dime under $18,000,000. The interest on 
this yearly, is $1,080,000. The auditor of State’s re¬ 
port for the year 1847-8, shows the nett receipt on ac¬ 
count of the public works from tolls and dividends, af¬ 
ter deducting expenditures for repairs on the same, &c., 
to be $512,455. Deduct this amount from the interest 
paid yearly on their costs, and we have the sum of 
$567,545, for the yearly loss of (he State, on account 
of those pubJic improvements. These are stubborn 
facts, and go far to show the utter worthlessness of the 
public works to the State, as a source of revenue, and 
the complete fallacy of the arguments used by those 
friendly to the system. But it is said that great bene¬ 
fits result from improvements made by the State, in 


this, that they raise the price of land and produce, and 
that if the State suffers in its treasury by them, the peo¬ 
ple at large are benefited by them. This is not true as 
to the whole State, it is only true as to those who live 
on the immediate line of such improvements,—those 
who are off of such line, are not benefitted by the rise 
of property and produee, although they contribute 
equally to the construction of these improvements, 
hence the inequality and injustice of the system,—an 
inequality and injustice which cannot be corrected ex¬ 
cept an improvement be made to the door of every man 
in the State. 

To avoid this, the safer and better plan for the State 
to pursue, would be to make none, but leave such im¬ 
provements entirely to individual enterprise. 

F MARCUS. 

From the (Bucyrus) People’s Forum. 

A Constitution for Ohio. 

The Legislature of last winter authorized the people 
of Ohio at their next October election, to make known 
through the ballot box, their sentiments relative to call¬ 
ing a convention for the purpose of amending our pres¬ 
ent constitution. 

That a complete revision and many and extensive 
amendments are necessary but few can deny. It is now 
near half a century since our present constitution was 
established. At that time the state of Ohio was al¬ 
most an unbroken wilderness, with a population ot 
about one-half the number that is now contained in 
the city of Cincinnati alone, made up of hardy pio¬ 
neers, devoutly attached to republican principles it is 
true, but without experience in written constitutions, 
who in their scattered condition and limited intercourse 
with each other, needed but the simplest forms of gov¬ 
ernment. It could not be expected that such men, sit¬ 
uated as were those of that day, however patriotic they 
might have been, could frame a constitution adapted to 
the wants and for the government of the third state of 
the Union. However well adapted our present con¬ 
stitution may have been to the people by whom it wee 
framed, it falls far short of being what is absolutely 
necessary for the government of two millions of peo¬ 
ple. In this day and age in the world, the age of both 
mental and physical progress, the minds, dispositions, 
and liberal principles of the people have discarded ma¬ 
ny of the antiquated notions of government, and de¬ 
mand a more liberal system. Our judiciary system 
must be remodled —all officers must be elective by the 
people—the power to run the state in debt and to cre¬ 
ate banking and other monopolies must be taken from 
the Legislature and placed where it rightfully belongs, 
in the hands of the people—the Legislature must meet 
but once in two years—there must be less law making, 
the people of Ohio as well as other parts of the world 
have been governed too much ; a reformation in this 
particular is loudly called for—all these and other chan¬ 
ges are absolutely necessary to meet the liberal spirit 
of the age in which we live. The people of Ohio will 
doubtless, at the coming election, by an overwhelming 
majority, take the initiatory step to bring about a more 
liberal form of government, more republican in its de¬ 
tails, than the one under which we at present live. It 
is an old and true saying that “ power is ever stealing 
from the many to the few so long has this been the 
case under our present constitution, that but P ow ‘ 
er remains with the many to “ steal ” »wav. An op¬ 
portunity now ofi'ers for the people to right these things, 
and rescue the rights and powers which have been 
filched from them, and they will do it, or we are mista¬ 
ken. ___ 

ffTThe Detroit Free Press says, the State debt of 
Michigan is only $2,516,533, and the State is rapidly 
paying it. 















88 


THE NEW CONSTITUTION. 


Votes for Governor since the Adoption of the 
State Constitution. 

Below we present a table giving the votes for Gov¬ 
ernor, as counted out by the Legislature and pro¬ 
claimed by the Speaker of the Senate, at the various 
elections since the organization of the state govern¬ 
ment. They havo been carefully compiled from the 
journals of the Legislature, and are now presented as a 
valuable table for future reference, and equally valua¬ 
ble for the evidence they show of the rapid incroase of 
population in our state. The first Governor was Ed¬ 
ward Tiffin, who received every vote cast, being only 
4,564. The constitution was adopted in November, 
1802, and the votes were counted out by the Legisla¬ 
ture on the 3d of March, 1803. At what time the elec¬ 
tion took place, we have been unable to find. Under 
the constitution, the first Governor held his office from 
the time of his election until the first Monday in De¬ 
cember, 1805, and until his successor was elected and 
qualified. From that time the gubernatorial election 
occurred every two years, and the returns are here col¬ 
lected and arranged so as at a glance to show the steady 
increase of the vote, keeping pace with the increased 
population. Since 1840, the vote has not shown the 
same increase as before, for the reason that an excited 
election has caused a heavy vote to be polled, while at 
the election two years after, the absence of excitement 
reduced the vote. This was the casein 1842, when the 
vote was 16,635 less than in 1840, and in 1846, when 
the vote polled was 54,218 less than in 1844. 

A statement of the vote of the state since its organ¬ 
ization, has never before been published. That which 
we present below has been made out with care, and is 


worthy of preservation : 

1803—Edward Tiffin received. 4,564 

1806—Edward Tiffin “ 4,785 

1808—Samuel Huntington received. 7,203 

Thomas Worthington. 5,601 

Thomas Kirker. 3,397 

Total. 16,291 

1810—Return J. Meigs received .... 9,924 

Thomas Worthington. 7,731 

Total. 17,655 

1812—Return J. Meigs received .... 11,359 

Thomas Scott. 7,903 

Total. 19,262 

1814—Thomas Worthington received 15,879 

Othniel Looker. 6,171 

Total. 22,050 

1816—Thomas Worthington received 22,931 

James Dunlap. 6,225 

Ethan Allen Brown. 1,607 

Total. 30,833 

1818—Ethan Allen Brown received . 30,194 

James Dunlap. 8,075 

Total. 38,269 

1820—Ethan Allen Brown received . 34,836 

Jeremiah Morrow. 9,426 

William H. Harrison. 4,348 

Scattering. 241 

Total. 48,851 


1822—Jeremiah Morrow received ... 26,059 

Allen Trimble. 22,899 

WilliamW. Irvin. 11,050 

Total. 60,008 

1824—Jeremiah Morrow received .. 39,526 

Allen Trimble. 37,108 

Total. 76,634 

1826—Allen Trimble received. 71,475 

John Bigger. 4,114 

Alexander Campbell. 4,765 

Benjamin Tappan. 4,192 

Scattering. 137 

Total. 84,683 

1828—Allen Trimble received. 53,970 

John W. Campbell. 51,951 

Scattering. 112 

Total. 106,033 

1830—Duncan McArthur received .. 49,668 

Robert Lucas. 49,186 

Scattering. 226 

Total. 99,080 

1832—Robert Lucas received. 71,251 

Darius Lyman. 63,185 

Scattering. 33 

Total. 134,469 

1834—Robert Lucas received. 70,738 

James Findlay. 67,414 

Scattering. 38 

Total. 138,190 

1836—Joseph Vance received. 93,204 

Eli Baldwin. 86,158 

Scattering. 200 

Total. 179,562 

1838—Wilson Shannon received.... 107,884 

Joseph Vance. 102,146 

Scattering. 7 

Total. 210,037 

1840—Thomas Corwin received .... 145,442 

Wilson Shannon. 129,312 

Scattering. 8 

Total. 274,762 

1842—Wilson Shannon received.... 127,971 

Thomas Corwin. 124,851 

Leicester King. 5,305 

Total. 258,127 

1844—Mordecai Bartley received ... 146,333 

David Tod. 145,062 

Leicester King. 8,898 

Scattering. 11 

Total. 300,304 

1846—William Bebb received. 118,857 

David Tod. 116,484 

Samuel Lewis. 10,799 

Scattering. 46 

Total. 246,186 

1848—Seabury Ford. 148,756 

John B. Weller. 148,415 

Scattering. 742 

Total. 297,943 


Railroads in England. —In a speech lately delivered 
by Lord Brougham, in the British Parliament, he stated 
that £180,000,000 had been already invested in railroads 
in great Britain, and that $150,000,000 would have fur¬ 
ther to be paid up, to make good tho existing subscrip¬ 
tions. 






































































































89 


THE NEW CONSTITUTION. 


From the American Law Journal for May, 1849. 

ELECTION OF JUDGES. 

The following communication on the subject of the 
proposed amendment of the constitution of Pennsyl¬ 
vania, has been furnished by an eminent member of 
the bar of that state. The friends of an Elective Ju¬ 
diciary have a right to be heard, and the article is pub¬ 
lished as a matter of interest throughout the United 
States. When thejudgesderivetheirauthorityimmedi- 
ately from the people, and can take an appeal to the 
same paramount power, the fear of removal by address, 
for resisting Legislative usurpations, will no longer ex¬ 
ist, and we shall probably hear less of the validity of 
retrospective acts destroying vested rights—of Legis¬ 
lative reversals of judgments without notice to the par¬ 
ties—and of other usurpations of judicial power, un¬ 
der the new definition of law that it is a rule proscribed 
instead of being prescribed. It is a prevalent opinion 
that the present judicial tenure has failed to secure ei¬ 
ther the independence of the judiciary or the rights of 
the people.— Ed. Am. Law Jour. 

The principle of eleciing Judges has been incorpora¬ 
ted into the constitutions of several of the states of the 
American Uninn ; and the most important act of the 
last session of the Legislature of Pennsylvania, was 
the passage of a joint resolution, by a decisive and sig¬ 
nificant majority, to amend the constitution of that 
state so us to give to the people the election of their 
Judges That it will become a part of the constitu¬ 
tional law of Pennsylvania, as soon as the machinery 
for effecting it will admit, there cannot be a rational 
doubt. It is part of “ the stream of human opinion in 
omne volubilis aevum, which the accession of everyday 
will swell, and which is destined to sweep into the 
same oblivion the resistance of learned sophistry, and 
of powerful oppression.” The tendency is every¬ 
where to give to the people the election of their offi¬ 
cers— to make government, in all its departments, em¬ 
anate immediately from the people—and the doctrine 
that the officers of the judiciary should form an 
exception to the general rule, is daily losing ground, 
and will soon be entirely exploded. 

That this reform should excite the fears of the timid, 
and the opposition of the interested, is quite natural ; 
for such is the fate of every proposition to disturb the 
settled order of things, or to interfere with the tenure 
and emoluments of placemen, no matter how necessa¬ 
ry it may be to the real interest of the people. Previ¬ 
ously to the adoption of the present amended constitu¬ 
tion of Pennsylvania, the same classes of persons in¬ 
dulged in the most gloomy vaticinations of the evils, 
especially in relation to the change in the judicial ten¬ 
ure, which it would bring on the state. Their doleful 
forebodings have not been verified ; and no one now 
thinks of going back to the ancien regime of life offices. 
On the contrary, the popular demand is for more thor¬ 
ough reform in the tenure of judgeships. 

<-^his reform will also be opposed by some of the 
rf^bers, U the legal profession The education, hab¬ 
its of th fight, and professional practice of lawyers, are 
calculated to make them ultra conservative ; and it 
must be confessed that, unless the effects of the studios 
and practice of their profession be counteracted by oth¬ 
er liberal studies, they are in no little danger of becom¬ 
ing bigoted and intolerant in regard 10 all changes in 
law and government. Their researches are not direc¬ 
ted to the discovery of what ought to be, but of what 
is held to be the law in any given case ; and in their 
practice they put their trust and confidence in estab¬ 
lished forms and precedents. Hence they are liable to 
adopt the creed, that “ what is, is right.” Yet their 
views are not so “ cabin’d, cribb’d, confined,” as the 
nature of their professional studies and pursuits would 


lead one to suppose. On the contrary, lawyers are 
among the most liberal men in the community. They 
are too well read, and have too great a share of the lit¬ 
erature of the day—they are too well acquainted with 
the wonderful revolutions which science is daily pro¬ 
ducing—they mingle too much with the men of their 
times—and they are too familiar with the advances and 
improvements which are made in the arts and in poli¬ 
tics, not to partake of the progressive spirit of the age; 
while their professional education and habits act as a 
salutary check, and prevent them from being hurried 
into excesses and extravagances. Such men are not 
likely to think that, while every other human contri¬ 
vance is capable of improvement, the present judicial 
system of Pennsylvania is fixed at the point of perfec¬ 
tion. Like the eminent and learned men who have un¬ 
dertaken the work of legal reform in the state of New 
York, and the great number of able lawyers through¬ 
out that state, who have given their countenance and 
support to that reform, they will redeem their profess¬ 
ion from the charge of illiberality and contractedness. 
Still there will be some lawyers, who, from having 
grown old under the system of judicial appointments, 
and having thus contracted inveterate prejudices against 
changing it—from constitutional temperament—or from 
too exclusive an attention to the routine of their pro¬ 
fessional reading and practice—can see nothing but 
evil in the proposed change. And there may be others 
who are weak enough to think that it smacks of the 
aristocracy of professional caste to debar the profamnn 
vulgus from all participation in the selection of Judges. 

It is too late in the day to oppose this reform by 
canting about the danger of changing the constitution, 
and about the “ radicalism ” of electing Judges. The 
cry of danger from altering state constitutions, has 
been too often raised, and too often falsified, to create 
much alarm. Almost every day affords additional evi¬ 
dence of the confidence that can be reposed in the hon¬ 
esty and intelligence of the people, when left to decide 
questions of the greatest moment. Each day furnish¬ 
es fresh proof of their ability for self-government, and 
of their unwillingness to adopt any notions that are 
really wild and extravagant. And the term “ radical¬ 
ism ” has been applied to too many changes in law and 
politics, which turned out to be salutary improvements, 
to retain much of its eriginal power of exciting alarm. 
Besides, the proposition to make Judges elective has 
received the approbation and support of too many con¬ 
servative men to afford a pretext for calling it radical. 
It can be opposed only by reason and argument. 

What are the arguments that are urged against an 
elective judiciary ? It is said that the people are not so 
competent to select their Judges as they are to select 
the equally important officers whom they now elect.— 
This is denying the fitness of the people for self gov¬ 
ernment, in a very important particular. Yet, if true, 
it is a valid objection. But, is it true ? Are not the 
American people as well acquainted with the nature of 
the duties of a Judge as they are with those of a Con¬ 
gressman or Governor ? Nay, are they not better ac¬ 
quainted with the duties and qualifications of a Judge 
than they are with those of the Executive and Legisla¬ 
tive offices ? Comparatively but few of the voters in 
this country ever see the state or national legislatures 
in session, or the state or national executive execute 
the functions of their offices, or aie acquainted with 
the candidates for those important places. But from 
their habit of attending the courts, as parties, jurors, 
witnesses, and spectators, they have a much better idea 
of the traits of character, and sort of talents which fit 
a man for Judge than they have of those which qualify 
him for the other offices mentioned ; and from what 
they see in court, as well as from their business rela¬ 
tions with members of the bar, from whom the candid- 








9a 


THE NEW CONSTITUTION. 


ates for judgeships will betaken, they are much better 
qualified to vote fora man for Judge, than they are to 
vote for a man whom they never saw, and who is a 
candidate for an office, the functions of which they nev¬ 
er saw exercised. Besides, the competency of the peo¬ 
ple to form an opinion of the qualifications of a Judge, 
their interest in his selection, and their right to be 
heard on the subject, are practically admitted under the 
old system. This is evidenced by the eagerness with 
which their signatures to petitions for, and remonstran¬ 
ces against, the appointment of candidates are sought, 
whenever there is a contest about it. If the will of 
the people is to be ascertained at all, the proper method 
is to ascertain it through the ballot boxes. 

It is objected that it would degrade the judicial qf- 
fice, and taint the purity of the administration of jus¬ 
tice, to allow candidates for judgeships to enter the po¬ 
litical arena and canvass for votes. But under the old 
system, candidates do enter the political arena. As 
things are, lawyers are not likely to “ have greatness 
thrust upon them,” in the judicial line, nor, indeed, in 
any line. In these office-seeking times, the modest 
student and the learned recluse rate low in the political 
market. ASlawyer whose ambition lies in the direction 
of a judgeship, takes the stump to secure the election 
of a Governor who will bestow it on him. The elec¬ 
tion gained, he claims the appointment as the reward of 
his services. It cannot be pretended that, when he is 
impelled by personal ambition but covers it under the 
pretence of laboring for the success of his party, he 
will be more restrained by considerations of decency 
and propriety, than when he is avowedly a candidate 
for an office, among the qualifications for which, dig¬ 
nity, honor, and honesty are considered indispensable 
But candidates for judgeships do often canvass for the 
“ sweet voices ” of the people, and under circumstan¬ 
ces more calculated to affect their partiality than if they 
were elected immediately by the people. It is not ea¬ 
sy to understand that it is more degrading to canvass 
for votes than for signatures. There is certainly less 
sacrifice of dignity in becoming a candidate by being 
placed on a ticket by a nominating convention, and be¬ 
ing voted for along with the other candidates on the 
ticket, than in taking the field alone, and being sup¬ 
ported an personal grounds. Under the system of ap¬ 
pointments, the contest is between aspirants of the same 
party, and is therefore personal, and consequently more 
bitter—excites more malignant passions, and creates 
stronger friendships and more intense hatred than when 
it is merely political. In an election, any particular 
candidate is hid in the crowd, and his importance is 
merged in that of the whole, and lost sight of in the 
excitement of the political struggle. But under the 
system of appointments, each applicant stands out in 
bold relief, and all is personal. The man who carries 
round a petition, or in any other manner takes an ac¬ 
tive part for an applicant, renders him a personal ser¬ 
vice, and lays him under a personal obligation ; and, on 
the other hand, the man who is active in opposing his 
appointment, is considered and treated as a personal en¬ 
emy. The man who pins up in his bar room a peti¬ 
tion, and procures to it the signatures of the loafers 
who there “ most do congregate,” has a much stronger 
claim on the Judge for a license, than if he had sup¬ 
ported him with twenty others on the same ticket, on 
political and not on personal grounds. 

There have ' een, it is freely conceded, many judicial 
appointments made at the unanimous request of the 
bar and the people of the districts, which reflect credit 
on all concerned in procuring them. But there have 
been instances in which the system of appointments 
has operated as here represented ; and that the two sys¬ 
tems—that of appointments and that of elections—are 


calculated to operate as here represented, few unpre¬ 
judiced and candid observers of political events can 
doubt, although they mays from a hatred of innova¬ 
tion; or a distrust of the intelligence and competency 
of the people, still prefer “ the old paths.” Q. 


Written for the New Constitution. 

Friend Medary: —I perceive you have many well 
written communications on the subject of reform, rela¬ 
tive to the anticipated convention—among which are 
some on the subject of the Judiciary. I have long 
thought, there is nothing in all our system of juris¬ 
prudence, so defective as that which relates to the pro¬ 
ceedings of our courts. All will admit, that the object 
of law is the protection of the rights and liberties of 
our citizens, and that in the passage of laws, no exclu¬ 
sive privileges ought to be given to one man, or class of 
men over another; that no distinction should be made 
on account of wealth, birth, or education, in the ad¬ 
ministration of justice by our courts—and that the on¬ 
ly distinction that should exist, is what men make 
themselves, by their virtue or their vice. It then fol¬ 
lows, that great care ought to be observed in the forma¬ 
tion of our laws—having in view, the grand object of 
their existance. Hence the necessity of vigilance in 
the formation, and adoption of a constitution which is 
paramount to, and is intended as the regulator of all 
law. How is it with us now? Is the present constitu¬ 
tion—and are the laws predicated upon it, and the ad¬ 
ministration of them by our courts, commensurate with 
their avowed object ? No, far from it. Instead of lit¬ 
igants obtaining justice, in a certain, cheap, and speedy 
manner—the arbitrary rules, precedents, and technicali¬ 
ties observed, and tenaciously adhered to in our courts, 
almost preclude the idea of attempting to get justice, 
either in a cheap or speedy manner—or at any rate.— 
The manner in which our courts are conducted, law 
has become a mere lottery, and a man might about as 
well (if it were morally right) trust the event of a suit 
to the toss of a copper—and even if he should succeed 
—unless the sum in controversy is large, perhaps nine 
times out of ten it will result as in the case of the Indi¬ 
ans gun—cost more than it is worth. I may now be 
asked to point out a remedy. Well I will try—however, 
I will first premise by saying, one great cause of the 
present defect lies in our courts tenaciously adhereing 
to occult and arbitrary rules not warranted by the spir¬ 
it of our present constitution, and in giving <oo much 
latitude to the members of the bar, in resorting to tech¬ 
nicalities, to gain their points, irrespective of justice.— 
The new constitution ought to be so framed, and spe¬ 
cifically guarded, as to prevent the possibility of such 
evils, making it an impeachable offence, for any judge 
or court, to establish and enforce any rule of practice, 
transcending his official limits, subversive of justice to 
the conflicting parties. 

Mr. Editor, I confess it is necessary for our courts to 
establish rules for their government—and that those 
rulesshould be uniform,—that a limited regard ought 'o 
be had to former precedents, and that some' ifMineCah- 
ties might be attached to them not easily comprehend¬ 
ed at the first glance, by those unacquainted with law 
proceeding. But I think no one can controvert the 
position, that our whole system of jurisprudence ought 
to be renovated and so simplified as to prevent the re¬ 
currence of the evils I have alluded to, and which eve¬ 
ry attentive observer, whether litigant or otherwise, 
must have seen, and wich all have deprecated. 

There is one evil existing in, and practised by our 
courts, to which I would call public attention aud I 
advert to it the more cheerfully, because it is not strict¬ 
ly a party question, (the more particularly confined to 
one party, than the other, perhaps) and because it is a 





THE NEW CONSTITUTION. 


91 


subject I believe, less thought of and less understood, 
than almost any other,—it isthe doctrine too contended 
for by many, that the judiciary has a right to set aside 
laws as being unconstitutional, and thus nulifying the 
official acts of the legislative branch of the government. 
Our government is constituted of three co-ordinate 
branches, independant of each other—each one moving 
within its proper sphere, and discharging its functions 
without infringing upon the rights and prerogatives of 
the others—the legislature, the executive and the judi¬ 
cial. It is the duty of the legislature to make the laws, 
the executive to enforce them, and of judiciary to de¬ 
cide in matters of controversy between conflicting par¬ 
ties, according to law and evidence. It is the duty of 
the latter to expound and say what the law is, and not 
what it ought to be, otherwise, we might dispense with 
one branch, viz: the legislature, and permit the judici¬ 
ary to make the laws, and afterwards decide upon them 
in their judicial capacity—which would be absurd, and 
would throw the whole system into anarchy. The 
question may then be asked, what is the court to do, if 
they find a law to be unconstitutional, seeing they are 
sworn to support the constitution? I answer, the le¬ 
gislature is also sworn to support that instrument, and 
to pass laws in accordance therewith. Now who is to 
decide in the matter? I grant there is no perfection in 
legislative bodies—neither is there in courts. To grant 
that prerogative to the court, is making the thing crea¬ 
ted, greater than its creator—it is raising the.stream 
higher than the fountain hea 1,—seeing the judges are 
elected by the. legislature—and they are often the mem¬ 
bers of the legislature, which passed those laws. I 
have even known one who after voting fora certain 
law, to be elected a judge, go home and nullifiy on the 
bench, the law he helped to make. This gives the 
judges, the power of deciding upon matters of impor¬ 
tance, according to their wishes or caprice—or as their 
prejudices may be enlisted, for or against the parties in 
litigation, and I contend, that if the judges of the Su¬ 
preme court, have a right to exercise this power, so 
have the township magistrates, (many of whom are 
limited in knowledge and no more honest than they 
ought io be) to the extent of his jurisdiction, which 
would be in effect saying, that the township magistrate 
has either more knowledge, or honesty, than a majori¬ 
ty of the members of the legislature, for it requires a 
majority to pass a law, and in our State, it requires 108 
to constitute that body. 

I may be asked again, what will a judge do, if he be¬ 
lieves the law to be unconstitutional, must he violate 
his oath? I answer, as Blackstone does,—let him re¬ 
sign, and let another take his place. Perhaps some may 
ask again, suppose the law to be really unconstitution¬ 
al and oppressive, have we no redress—must we bear 
under its baneful effects? I say let the people petition 
the legislature to have it repealed, or amended. Sup¬ 
pose too, the law is good and wholesome in its opera¬ 
tions, but thorough ignorance, or corruption, (which is 
just as likely) the judges say it is unconstitutional, and 
trample it under foot, what redress have we then?— 
The doctrine in my estimation, is absurd in the highest 
degree, and one which no good citizen ought to em¬ 
brace. I have known an instance where a court passed 
such a decision, to the damage of an individual, 
amounting to several hundreds of dollars, when no one 
doubted, but the law was just and constitutional, and 
that the court was governed from wrong motives.— 
When we can find perfect men, who through wisdom 
and integrity cannot err, and we can put them upon 
the judicial bench, then I will embrace the doctrine, 
that “the king can do no wrong,”— or in other words, 
that our judges cannot err—but not till then. And, as 
an individual, I wish to see such guards placed around 
our constitution,as to forever preclude such usurpations. 


I never could brook the idea of any man, or com¬ 
munity of men—either in the religious or political 
world, assuming to themselves rights and privileges 
which did not belong to them—or to all men in com¬ 
mon, according to their stations, like some religious 
bigots, who consider that they are the true church, and 
that all who do not subscribe to their dogmas, and come 
up to their standard of faith and practice, are heretics 
and ought to be shuned and treated as such—believing 
that wisdom dwells with, and will die with them—who, 
like the Pharisees of old, fold their arms in self-com¬ 
placence, and say “Lord I thank thee, that I am not 
like other men, or even as this publican.” 

Perhaps you may hear from me again. 

Yours, &c., HOMO. 

Election ot Judges by the People. 

Every mail that comes to us, brings the most cheer- 
iug accounts of the progress and triumphs of the spir¬ 
it of reform among the people. On the subject of the 
election of judges by the people, we have repeatedly 
expressed our opinion in favor of that measure. Judg¬ 
ing from the opinions expressed by the press in Michi¬ 
gan and Indiana, os well as Ohio, we think we may 
safely announce, that this measure has already triumph¬ 
ed ; and that it has been decided by the people—the 
whole people, without reference to party, to incorpo¬ 
rate this measure, which we regard as a fundamental 
feature in a representative government, in the new con¬ 
stitution. 

Never was the spirit of reform so thoroughly aroused 
in the north-west, as at this time. The press, in obe¬ 
dience to the demands and wishes of the people, are 
engaged in a hold and earnest mode of investigation of 
the specific measures of reform needed, and, also, into 
the original and fundamental principles of government. 
This is as it should be .—Toledo Commercial. 


All is Action——All is Motion. 

BY J. HAGEN. 

All is action, till is motion, 

In this mighty world of ours ; 

Like the current of the ocean, 

Man is urged by unseen powers ! 

Steadily, but strongly moving, 

Life is onward evermore ; 

Still the present is improving 
On the age that went before. 

Duty points, with outstretched fingers, 
Every soul to actions high ; 

Woe betide the soul that lingers— 
Onward ! onward ! isthe cry. 

Though man’s form may seem victorious, 
War may waste and famine blight, 

Still from out the conflict glorious, 

Mind comes forth with added light. 

O’er the darkest night of sorrow, 

From the deadliest field of strife. 

Dawns a clearer, brighter morrow. 
Springs a truer, nobler life. 

Onward, onward, onward ever ! 

Human progress none may stay ; 

All who make the vain endeavor, 

Shall like chaff be swept away. 


ET Tom Moore, the Irish poet, is said to be afflicted 
by a disease of the brain, by which he has entirely lost 
his memory. His brilliant genius has long since been 
dead to the world. 











92 


THE NEW CONSTITUTION. 


CONVENTION LAW OF NEW YOItk. 

AN ACT 

Recommending a convention of the people of this state. 

Passed May 13,1845. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Sect. 1. The inspectors of election in each town, 
ward and election district in this state, at the annual 
election to be held on the Tuesday succeeding the first 
Monday of November, one thousand eight hundred and 
forty-five, shall provide a proper box to receive the bal¬ 
lots of the citizens of this state entitled to vote at such 
election, in relation to the convention hereinafter pro¬ 
vided for. On such ballots shall be written or printed, 
or partly written and partly printed, by those voters 
who are in favor of the proposed convention, the 
word “ convention,” and by those voters who are op¬ 
posed thereto, the words “ no convention and all 
citizens of this state who shall be entitled by law to 
vote at such annual election, shall be allowed to vote 
by ballot as aforesaid at the poll or election district in 
which he resides, and not elsewhere. 

Sect. 2. So much of articles one, two and three, of 
title four, of chapter one hundred and thirty, of an act 
entitled ‘‘an act respecting elections other than for 
military and town officers.” passed April 5, 1842, as 
regulates the manner of conducting elections and 
challenges, oaths to be administered, and inquiries to 
be made of persons offering to vote, shall be deemed 
applicable to the votes to be given or offered under this 
act ; and the manner of voting and challenges, and the 
penalties for false swearing, prescribed by law, are 
hereby declared in full force and effect in voting under 
this act. 

Sect. 3. The said votes given for and against a 
“ convention,”in pursuance of this act, shall be can¬ 
vassed by the inspectors of the several election dis¬ 
tricts or polls of the said election, in the manner pre¬ 
scribed by law, and as provided in article four, of title 
four, chapter one hundred and thirty, of the said act, 
entitled “an act respecting elections other than for mi¬ 
litia and town officers,” passed April 5, 1842, as far as 
the same are applicable ; and such canvass shall be 
completed by ascertaining the whole number of votes 
given in each election district or poll, for convention, 
and the whole number of such votes given against such 
convention in the form aforesaid; and the result being 
found, the inspectors shall make a statement in words 
at full length of the whole number of ballots received 
in relation to such proposed convention, and shall also 
state in words at full length the whole number of bal¬ 
lots having thereon the word “ convention ” alone, and 
also the whole number of ballots having thereon the 
words “ no convention ” Such statements as afore¬ 
said shall contain a caption stating the day on which, 
and the number of the district, the town or ward and 
the county at which the election was held, and at the 
end thereof a certificate that such statement is correct 
in all respects ; which certificate shall be subscribed by 
all the inspectors, and a true copy of such statement 
shall be immediately filed by them in the office of the 
clerk of the town or city. 

Sect. 4. The original statements, duly certified as 
aforesaid, shall be delivered by the inspectors, or by 
one of them, to be deputed for that purpose, to the su¬ 
pervisor, or in case there be no supervisor, or he shall 
be disabled from attending the board of county canvas¬ 
sers, then to one of the assessors of the town or ward, 
within twenty-four hours after the same shall have 
been subscribed by such inspectors, to be disposed of as 
the other statements at such election are now required 
by law. 


Sect. 5. So much of article first, second, third and 
fourth, of title fifth of chapter one hundred and thirty, 
of the act entitled “ an act respecting elections other 
than for militia and town officers,” passed April 5, 
1842, as regulates the duties of county canvassers and 
their proceedings, and the duty of county clerks and 
the secretary of state, and the board of state canvassers, 
shall be applied to the canvassing and ascertaining the 
will of the people of this state in relation to the pro¬ 
posed convention ; and if it shall appear by the said 
canvass that a majority of the ballots or votes given in 
and returned as aforesaid are for “ no convention,” then 
and in such case the said canvassers are hereby requi¬ 
red to certify and declare that there shall be no further 
proceedings under this act in relation to calling a con¬ 
vention. But if it shall appear by the said canvass that 
a majority of the ballots or votes given as aforesaid are 
for a convention, that then and in such case, the can¬ 
vassers shall certify and declare that a convention will 
be called accordingly, and a copy of the said certificate 
shall be transmitted by the secretary of this state to the 
sheriff, clerk or first judge of each of the counties of 
this state, and shall be by them published, and copies 
delivered to the supervisors of the several towns and 
cities within their respective counties, in the same man¬ 
ner as notices for the election of senators are now by 
law required to be published and delivered. 

Sect 6. In case the said canvassers shall certify and 
declare a majority of such ballots or votes to be for a 
convention, it shall and may be lawful, and it is hereby 
recommended to the citizens of this state, on the last 
Tuesday of April, eighteen hundred and forty-six, to 
elect by ballot, delegates to meet in convention for the 
purpose of considering the constitution of this state, 
and to make such alterations in the same as the rights 
of the people demand, and as they may deem proper. 

Sect. 7. The number of delegates to be chosen to 
such convention shall be the same as the number of 
members of Assembly from the respective cities and 
counties in this state. All persons entitled to vote for 
members of Assembly shall be entitled to vote for 
such delegates. Such election shall in all respects be 
conducted as is now provided for the election of mem¬ 
bers of Assembly; the polls opened and held in the 
same manner, and the canvass and other proceedings to 
determine the election of such delegates conduct' d as 
is now prescribed by law for electing members of As¬ 
sembly. 

Sect. 8. The delegates so chosen, shall meet in 
convention at the capital in the city of Albany, on the 
first Monday of June, eighteen hundred and forty-six. 
They shall, by ballot, elect one of their number presi¬ 
dent, and may appoint one or more secretaries, a print¬ 
er, and such door-keepers and messengers as their con¬ 
venience shall require ; and such delegates and the sec¬ 
retaries of the convention shall be entitled to the same 
mileage for travel and the same per diem allowance as 
is now paid to members of the legislature and the 
printer, door-keepers and messengers shall receive the 
same compensation as is provided by law for similar 
services and attendance upon the Assembly. The 
amount of pay shall be certified by the president of the 
convention, and shall be paid by the treasurer of state, 
on the warrant of the comptroller; in the same manner 
as members of the legislature are paid. It shall be the 
duty of the secretary of state to attend said conven¬ 
tion at the opening thereof, and he and all public offi¬ 
cers shall furnish such convention with all such papers, 
statements, books or other public documents in their 
possession, as the said convention shallorderor require; 
and it shall be the duty of the comptroller to furnish 
the members with all such stationery as is usual for 
the legislature while in session. 

' Sect. 9. The proceedings of the said convention 






THE NEW CONSTITUTION. 


93 


shall be filed in the office of the secretary of state, and 
the amendments to the constitution agreed to by the 
said convention, shall be recorded in his office ; the 
said amendments shall be submitted by the convention 
to the people for their adoption or rejection, at the an¬ 
nual election to be held on the Tuesday next succeed¬ 
ing the first Monday in November, one thousand eight 
hundred and forty-six ; and every person entitled to 
vote at that election may vote thereon, in the election 
district in which he shall then reside, and not else¬ 
where. The said amendments shall be so prepared and 
distinguished, by numbers or otherwise, that they can 
be voted upon separately, and they shall be so voted 
upon, unless the convention shall be of the opinion that 
it is impracticable to prepare them so that they can be 
voted upon in that manner ; and if the said convention 
shall by resolution declare that in its judgment the said 
amendments cannot be prepared so as to be voted upon 
separately, they shall be voted upon together. In ei¬ 
ther case the convention shall prescribe the form of the 
ballot, the publication of the amendments, and the no¬ 
tice to be given of the election. In case the said 
amendments shall be voted upon separately, every per¬ 
son entitled to vote thereon, may vote for or against 
any one or more of them. At the election mentioned 
in this section, the inspectors in every election district 
shall provide a suitable box to receive the ballots given 
upon the said amendments, which ballots shall have 
the word “ constitution,” written or printed, or partly 
written and partly printed upon them, so that when 
they are folded it will appear on the outside of the bal¬ 
lot ; and all the provisions of the laws of this state in 
relation to the election of officers at a general election 
shall apply to the voting upon the said amendments, so 
far as the same can be made applicable thereto ; and 
the votes given upon the said amendments, shall be giv¬ 
en and canvassed, and all the proceedings shall be had in 
regard to them, as nearly as practicable in the manner 
prescribed by law in respect to the votes given for gov¬ 
ernor. Each of the said amendments which shall re¬ 
ceive a majority of all the votes given upon it at the 
election mentioned in this section, shall be deemed and 
taken to be a part of the constitution of this state, and 
shall take effect from and after the thirty-first day of 
December, in the year one thousand eight hundred and 
forty-six, unless the said convention shall prescribe 
some other time on which the same shall take effect; 
and each of the said amendments which shall not re¬ 
ceive a majority of all the votes given upon it at the 
said election, shall be void and of no effect. 

Sr.«T. 10. All wilful and corrupt false swearing, in 
taking any of the oaths prescribed by this act, or by 
the laws of this state made applicable to this act, or any 
other mode or form in carrying into effect this act, 
shall be deemed perjury, and shall be punished in the 
manner now prescribed by law for wilful and corrupt 
perjury. 

Sect. 11. It shall be the duty of the secretary of 
state to cause this act to be published once a week for 
twelve successive weeks previous to the election, in not 
less than two or more than four of the public newspa¬ 
pers published in each of the several counties of this 
state in which two or more public newspapers are pub¬ 
lished ; and in the public newspaper in all those coun¬ 
ties where only one public newspaper is published ; and 
shall also cause to be transmitted to the several clerks 
of counties in this state such number of copies of this 
act, with the necessary forms and instructions as shall 
be sufficient to supply the several officers who are to 
perform the duties prescribed by this act; and the said 
clerks of counties shall distribute the same to such of¬ 
ficers ; and the expense of publishing and distributing 
the same, and all other legal expenses incurred in print¬ 
ing for the convention, shall be audited by the comp¬ 


troller, and paid by the treasurer according to law. 

Sect. 12. The copy of the certificate of the state 
canvassers shall in no case be directed to the clerk of 
a county, unless the office of sheriff of such county 
shall then be vacant, nor to the first judge, unless the 
office of sheriff and clerk shall both be vacant. 

Sect. 13. The county of Hamilton and the county 
of Fulton shall jointly elect one delegate to the con¬ 
vention in the same manner, and the votes shall be can¬ 
vassed and transmitted in the same manner as now pro¬ 
vided by law in reference to member of Assembly. 

“The Home E)ej>ar9ment.” 

AN ACT to establish the Home Department, and to 
provide for the Treasury Department an Assistant 
Secretary of the Treasury, and a commissioner of 
the customs. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, That from and after the passage of this act, there 
shall be created a new executive department of the gov¬ 
ernment of the United States, to be called the Depart¬ 
ment of the Interior ; the head of which department 
shall be called the Secretary of the Interior, who shall 
be appointed by the President of the United States, by 
and with the advice and consent of the Senate, and 
who shall hold his office by the same tenure, and re¬ 
ceive the same salary, as the Secretaries of the other 
executive departments, and who shall perform all the 
duties assigned to him by this act. 

Sec. 2. And be it further enacted, That the Secreta¬ 
ry of the Interior shall exercise and perform all the acts 
of supervision and appeal in regard to the office of Com¬ 
missioner of Patents, now exercised by the Secretary 
of State ; and the said Secretary of ihe Interior shall 
sign all the requisitions for the advance or payment of 
money out of the treasury on estimates or accounts, 
subject to the same adjustment or control now exercis¬ 
ed on similar estimates or accounts by the First or 
Fifth Auditor and First Comptroller of The Treasury. 

Sec. 3. And be it further enacted, That the Secreta¬ 
ry of the Interior shall perform all the duties in rela¬ 
tion to the General Land Office, of supervision and ap¬ 
peal, now discharged by the Secretary of the Treas¬ 
ury ; and the said Secretary of the Interior shall sign 
all requisitions for the advance or payment of money 
out of the treasury or estimates on accounts, approved 
or certified by the Commissioner of the General Land 
Office, subject to the same control now exercised by the 
First Comptroller, of the Treasury. 

Sec. 4. Andbeit further enacted, That the supervi¬ 
sory power now exercised by the Secretary of the 
Treasury over the accounts of the marshals, clerks, 
and other officers of all the courts of the United States, 
shall be exercised by the Secretary of the Interior, who 
shall sign all requisitions for the advance or payment 
of money out of the treasury, on estimates or accounts, 
subject to the same control now exercised on like esti¬ 
mates or accounts by the First Auditor and First Comp¬ 
troller of the Treasury. 

Sec. 5. And be it further enacted , That the Secretary 
of the Interior shall exercise the supervisory and ap¬ 
pellate powers now exercised by the Secretary of the 
War Department, in relation to all the acts of the Com¬ 
missioners of Indian Affairs ; and shall sign all requi¬ 
sitions for the advance or payment of money out of the 
treasury, on estimates, or accounts, subject to the same 
adjustment or control now exercised on similar esti¬ 
mates of accounts by the Second Auditor and Second 
Comptroller of the Treasury. 

Sec. 6. And be it further enacted, That the Secreta¬ 
ry of the Interior shall exercise the supervisory and 
appellate powers now exercised by the Secretaries of 
the War and Navy Departments, in relation to all the 





94 


THE NEW CONSTITUTION. 


acts of the Commissioner of Pensions ; and shall sign 
all requisitions for the advance or payment of money 
ou of the treasury, on estimates or accounts, subject to 
the same adjustment or control now exercised on simi¬ 
lar estimates or accounts by the Third or Fourth Audi¬ 
tors and Second Comptroller of the Treasury. 

Sec. 7. And be it further enacted, That the Secreta¬ 
ry of the Interior shall exercise all the supervisory and 
appellate powers now exercised by the Secretary of 
State, in relation to all acts of marshals and others in 
taking and returning the census of the United States ; 
and shall sign all requisitions for the advance or pay¬ 
ment of money out of the treasury, on estimates or 
accounts, subject to the same adjustment or control 
now exercised over similar estimates and accounts by 
the Fifth Auditor and First Comptroller of the Treas¬ 
ury. 

Sec. 8. And be it further enacted, That the supervi¬ 
sory and appellant powers now exercised by the Secre¬ 
tary of the Treasury over the lead and other mines of 
the United States, and over the accounts of the agents 
thereof, shall be exercised by the Secretary of the In¬ 
terior ; who shall sign all requisitions for the advance or 
payment of money out of the treasury, on estimates 
or accounts, subject to the same adjustment or con¬ 
trol now exercised on similar estimates or accounts by 
the Second Auditor and Second Comptroller of the 
Treasury. 

Sec. 9. And be it further enacted, That the supervi¬ 
sory, and appellate powers now exercised by the Presi¬ 
dent of the United States over the Commissioner of 
Public Buildings, shall be exercised by the Secretary 
of the Interior ; who shall sign all requisitions for the 
advance or payment of money out of the treasury on 
estimates, or accounts, subject to the same adjustment 
or control now exercised on similar estimates or ac¬ 
counts by the First Auditor and First Comptroller of 
the Treasury : Provided, That nothing in this section 
contained shall be construed to fake from the presiding 
officers of the two houses of Congress the power now 
possessed by them to make and enforce rules and regu¬ 
lations for the care, preservation, orderly keeping, and 
police of the Capitol, and its appurtenances. 

Sec. 10. And be it further enacted, That the Secretary 
of the Interior shall have and exercise a supervisory 
power and control over the board of inspectors and 
warden of the penitentiary of the District of Colum¬ 
bia; and shall sign all requisitions for the advance or 
payment of money out of the treasury on estimates or 
accounts, subject to the same adjustment cr control 
now exercised on similar estimates or accounts by the 
First Auditor and First Comptroller of the Treasury. 

Sec. II. And be it further enacted, That the Secretary 
of the Interior is hereby authorized to appoint a chief 
clerk of his department, who shall receive a salary of 
two thousand dollars per annum; and that the Presi 
dent of the United States, on the recommendation of the 
said Secretary of the Interior, may transfer from the 
Treasury Department proper, to the Department of 
the Interior, such clerks in the office of the Secretary 
of the Treasury as perform the duties over which the 
supervision and control are given by this act to the 
Secretary of the Interior, which said clerks shall be 
hereafter subject to the appointing and removing pow¬ 
er of the Secretary of the Interior, as also the clerks 
in the several bureaus heretofore appointed or remova¬ 
ble by the heads of departments, which bureaus are 
transferred by this act to the Department of the Inte¬ 
rior. 

Sec. 12. A nd be it further enacted, That an officer 
shall be appointed by the President of the United States, 
by and with the advice and consent of the Senate, in 
the Department of the Treasury, as one of its bereaus, 


to be called the Commissioner of Customs, who shall 
perform all the acts and exercise all the powers, now 
devolved by law on the First Comptroller of the Treas¬ 
ury, relating to the receipts from customs and the ac¬ 
counts of collectors and other officers of the customs, 
or connected therewith ; who shall hold his office by 
the same tenure, and receive the same amount of sala¬ 
ry as the First Auditor of the Treasury, and payable in 
the same manner. And the Secretary of the Treas¬ 
ury shall transfer from the office of the First Comp¬ 
troller such clerks as may be necessary to the bureau 
of the Commissioner of Customs, for whom the said 
Secretary of the Treasury shall also appoint one chief 
clerk, at a salary of seveteen hundred dollars per annum. 

Sec. 13. And be it further enacted, That an officer 
shall be appointed in the Treasury Department by the 
Secretary of the Treasury, to be called the Assistant 
Secretary of the Treasury, whose salary shall be three 
thousand dollars per annum, payable in the same man¬ 
ner as that of the Secretary of the Treasury, who shall 
examine all letters, contracts and warrants, prepared 
for the signature of the Secretary of the Treasury,and 
who shall perform all such other duties in the office of 
the Secretary of the Treasury, now performed by some 
of his clerks, as may be devolved on him by the Sec¬ 
retary of the Treasury, who shall also appoint a clerk 
at a salary of seventeen hundred dollars per annum, 
who shall perform such duties as a clerk in the Treas¬ 
ury Department, in aid of said Assistant Secretary, as 
may be assigned to him by the Secretary ol the Treas¬ 
ury. 

Sec. 14. And be it further enacted, That the Secre¬ 
tary of the Treasury shall transfer from the office of 
the First Comptroller one of his messengers, to per¬ 
form the same duties in the office of the Commissioner 
of Customs, as also such portion of the contingent 
fund of the office of the First Comptroller, as may be 
required in that of the Commissioner of Customs, in 
consequence of the transfer of clerks from one office 
to another, or the transfer of a messenger from that 
office to another. And the Secretary of the Treasury 
shall transfer one of his messengers to the office of the 
Secretary of the Interior, as also such portion of the 
contingent fund of the office of the Secretary of the 
Treasury as may be required in the office of the Secre¬ 
tary of the Interior, in consequence of the transfer of 
clerks from one department to the other . 

Sec. 15. And be it further enacted, That nothing 
in this act contained shall be so construed as to affect or 
impair any of the powers conferred, or duties devolved, 
on the Secretary of the Treasury, in relation to the 
transfer, safe-keeping, or disbursement of public mon¬ 
eys, by the act, of the sixth of August, one thousand 
eight hundred and forty-six, entitled “An act to pro¬ 
vide for the better organization of the treasury, and for 
the collection, safe keeping, transfer, and disbursement 
of the public revenue.” 

Approved March 3, 1849. 


Constitution of the French Republic. 

The following is an extract from the preamble to sec¬ 
tion 5 of the Constitution of France, adopted on the 
formation of the Republic: 

“It (the republic) respects the nationality of foreign 
people, as it is determined to make its own to be respect¬ 
ed. It undertakes no wars for the purpose of con¬ 
quest, and never employs its armies against the liberty of 
any people.” 

The Romans very appropriately suspended the above 
quotation to their barricades in the streets of Rome, 
during the late attack of the French. 








THE NEW CONSTITUTION. 


95 


INDIANA. 

From the South Bend Register. 

The Constitutional Convention. 

The Legislature of our state having submitted to the 
people the question whether they will or will not have 
a convention to amend the constitution, it becomes not 
only the privilege but the duty of the public press as 
well as of the electors at large, to investigate all mat¬ 
ters pertaining thereto, so that next August every vo¬ 
ter can give an intelligent answer to the question of his 
township inspector. Our decision, as we stated several 
weeks since, is made up decidedly in favor of such a 
convention, not hastily, but upon mature reflection, 
and we shall frankly state the reasons why, as a citi¬ 
zen, (not as a partizan,) we have thus decided. 

Indiana has been governed by her present constitu¬ 
tion for thirty-three years. When she emerged from 
her territorial childhood, and entered the family of 
sovereign states, equal with them in rights and privil¬ 
eges, her delegates, elected from every county then ex¬ 
isting, framed the sections and articles which form our 
state constitution. Since that year—since 18IG—not a 
clause of that instrument has been altered—not a line 
erasec l—not a section added. Unchanged in every re¬ 
spect, it remains as our earlv citizens framed it. 

At every period when the Legislature sent down the 
question of convention or no convention to the peo¬ 
ple, the answer has come back, “ We desire no change 

_vve would rather bear what errors there may be in 

the constitution than hazard its being made worse by 
amending.” In 1828. the political world was agitated 
by the contest between Jackson and Adams, and the 
people most wisely then resolved that their constitution 
should not be touched at such a time of bitter party 
slrife. In 1840 the question was again submitted to 
the people, but the country was rocking with that 
fiercely fought contest—that most exciting struggle, 
acrimonious on both sides—between Van Buren and 
Harrison, and again the people most wisely said no.— 

In 1844 the question was again put. The waves of 
party strife had measurably subsided, when compared 
with the tempest of the previous national struggle; 
and thouglfa majority of those who thought upon the 
question at all, voted lor a convention, but one-half of 
the people voted altogether, and the popular verdict 
was too equivocal to warrant the imi ortant step of 
calling such an important body together. But 1849 
is now here. We see and feel that party strife has lost 
much of its bitterness. The arms of the combatants 
seem to be hung up. And. though each citizen holds 
to his political faith, there is a happier era of toleration 
commenced. We need not argue this point to prove 
its truth. We need not state what we consider the 
reason of this auspicious epoch dawning upon tha 
country. It is enough that it is here, and that we 
breathe a different atmosphere from that in which we 
moved from 1837 to 1843. 

The present, therefore, seems a propitious time for 
investigating what defects, if any, exist in our state 
charter. We can risk now its submission to a conven¬ 
tion of intelligent citizens, without fear that any party 
will strive to engraft its ultraisms upon it. It is no 
hazard to commit it to the honor of all parties, and 
with the understanding that the people shall finally 
adopt or reject the convention’s amendments. Parties 
differ yet as they have ever and will ever ; but we can 
trust to the honor of our adversaries’ delegates as we 
doubt not they can also to ours, that no matter which 
should be in the ascendant, no amendments should be 
adopted through mere party drill, embodying features 
purely political, or engrafting upon an instrument 
which all should respect and esteem, provisions that 


should be found only in party creeds, and carried out, 
if at all, only in legislative halls where the popular will 
can procure their repeal as easily as it can command 
their enactment. 

The first question that springs up in the mind of a 
voter as he turns his thoughts to this subject, is as to 
the amendments that are advocated by those who fa¬ 
vor the calling of this convention ; and the reasons for 
pressing those amendments. For one, we have no con¬ 
cealment in this matter. We shall speak frankly as to 
a few of the amendments which we approve and up¬ 
hold ; speaking of course not for our party, but as an 
individual citizen. And first, the most important one 
that we suggest is, 

The election of the Judiciarv by the People. 

—To some this may seem radical. Ten years since it 
would scarcely have received the support of a handful 
of voters of any party. But the great Empire State 
dared the experiment; and its results with the experi¬ 
ence of other states who followed in her footsteps, 
prove the value of this reform. The judiciary of New 
York embodies in the aggregate more talent now than 
at any former period of her history. The people, wil¬ 
ling as they are to divide politically on those national, 
state and county offices which have an influence upon 
the state of parlies at large, will, in the selection of 
their judiciary, look for talent and for worth—for hon¬ 
or and impartiality—for fearlessness and strength of 
m i nc j—rather than for political brotherhood. At least 
a sufficient number of the mass of both parties will do 
this to ensure, in nine cases out of ten, the wisest and 
best selection. Thus has it proven in New York.— 
And the very fact of judicial candidates having to pass 
this public ordeal, compels parties, where they nomin¬ 
ate at all, to nominate their best and ablest men, or if 
they do not, to hazard that defeat which they will al¬ 
most certainly receive. Illinois followed New York, 
and the experiment there has, as is conceded by all, re¬ 
sulted most successfully. Wisconsin has tested it with 
equally favorable results. And now sober and staid 
Pennsylvania, by a decided majority of her Legislature, 
expresses her desire to do likewise. Witnessing, as we 
have, how judges are nominated and elected at our cap¬ 
ital—how they are often caucussed out as a reward for 
political services, and not on account of distinguished 
legal attainments—we feel certain that a choice by the 
people at an electiou to be held separate and distinct 
from any political contest, conld not fail to improve 
and heighten the character of our judiciary and topre- 
vent its being made an asylum for broken down or de¬ 
feated politicians. 

This of course naturally brings us to our second 
proposition : 

Electing all State Officers by the People. —If it 
is right to elect the Governor and Lieutenant Govern¬ 
or by the free suffrage of the voters at large, it must be 
judicious to elect the Secretary of State, State Treasu¬ 
rer, and State Auditor in a similar manner. To op¬ 
pose this, is to argue that the people’s representatives 
can discriminate more wisely than the people them¬ 
selves as to the qualifications required of incum¬ 
bents of those offices. For one, we are not afraid of 
trusting them. We have, however, purposely except¬ 
ed the President of the State Bank. The miserable 
farce enacted of the Legislature going into secret ses¬ 
sion when they elect the President or State Directors 
of this institution ought in some way to be got rid of, 
and although, on account of the interest of private 
stockholders in the bank (extending as it does to one- 
half the capital) it might not be deemed just to submit 
that office also to the popular suffrage, we think that a 
much better system than the one now in force would 
be his election by the Board of Directors, to which 
might be added for this purpose, the Governor and 









96 


THE NEW CONSTITUTION. 


state officers. Then, the rights and interests of private 
stockholders would be guarded by the delegate from 
each branch who assist in forming the Board, while 
the four State Directors, with the state officers would 
balance this power and guard the interests of the state 
and its people in the selection. This may be looked 
upon as impracticable, but it would be certainly equit¬ 
able. 

Single Districts for Representatives in the state 
Legislature. This would be bringing the Representa¬ 
tive nearer to his constituents than the present system 
of counties electing three and four representatives by 
general ticket. Besides this, it would render the Legis¬ 
lature a more correct reflex of the popular will. A 
small majority in each of the largest counties may give 
to this body a different political aspect than is desired 
by a clear and overwhelming majority perhaps of the 
people of the state. As it now also, the four repre¬ 
sentatives from Wayne county are almost certain to be 
all whig, while with single districts, one democrat 
might be elected, if any of the districts contained a 
majority of that party. And Dearborn is equally cer¬ 
tain to elect all democrats, where with single districts, 
one whig would be elected out of the three members. 
Minorities, whetherthey be whig or demooratic, have 
rights, and the election of representatives by single dis¬ 
tricts would assist in giving them their due weight. 

From the Toledo Republican. 
Constitutional Iieform--Excessive Legislation. 

The dawn of abetter day is breaking upon our be¬ 
loved state. The desire for a new constitution—that 
old things may be done away—is so generally expressed 
by all parties, that we look for such an instrument, as 
the certain result of present movements. It is not, 
therefore, quite so important a question with us, as to 
whether we shall have a constitution or not, as what 
that constitution shall be. In avoiding Sylla we should 
beware of Charibdys, and in the early part of our 
voyage lislen not to the Syrens. The subject matter of 
a constitution, such as the people of the state of Ohio 
need, cannot be too much or too laboriously discussed. 
When we look back upon our career under the present 
instrument, glorious though it has been, who can fail 
to discover prominent defects in our system, from 
which both state and people have quietly suffered. 

The motto is becoming familiar, and we are glad of 
it, that “ the world is governed too much.” No where 
else has the truth of this sentiment been more clearly 
demonstrated than in Ohio. Our citizens have done 
little else, since the state organization, but legislate.— 
No state in the Union, of the same age, can exhibit 
such a huge pile of statutory laws, with so much that 
has been tried upon experiment—and so much that has 
been repealed. The husband who constitutedhis fam¬ 
ily a body of legislators to decide upon the economical 
affairs of his household, and summoned them together, 
always, to determine upon the daily provisions which 
should be eaten at his table, was not more ridiculous in 
his notions than the Legislature of Ohio, which has 
with such elaborate minuteness squandered thousands 
in filling the statute books with worthless and injudi¬ 
cious laws. Indeed this matter of excessive legislation, 
aside from the heavy burden it has imposed upon the 
people, in the shape of taxation to support a Legisla¬ 
ture year by year, has operated very injuriously to the 
character of the state, and credit of many of its enter¬ 
prising citizens. 

A glance at the past is sufficient. Our collection 
laws will serve as an illustration. What have they 
amounted to since the passage of the first law upon the 
subject, with the exception of the single law passed a 
few years ago, to subject water craft to the payment of 


debts contracted on account of it, we ask in what re¬ 
spect have the people of Ohio been benefitted by legis¬ 
lation upon the subject ? Let those who live abroad, 
as well as in the state, who have experienced a few 
years of tedious litigation upon the subject, without 
success, answer. 

Our petty system of local laws, which have swelled 
volumo after volume of the statutes, but which might 
all be included under one general system, furnishes an¬ 
other instance—our long list of allowances and prohi¬ 
bitions of checks and guards on the subject of banking, 
which have one by one exploded in our ears day by 
day, ever since the first organization of the state gov¬ 
ernment, is another subject which is to be considered. 
The public mind has undergone a very great change on 
this subject within the past five years. Those who 
then were ready to condemn every thing wearing the 
appearance of free banking, are now among its most 
strenuous advocates. This is especially the caseamong 
our commercial population, who have suffered more 
than any other class by the restrictive policy which 
has been pursued by all parties on this subject. Bank 
ing should be no monopoly. All should be permitted 
to enjoy its benefits, who, with the ability to bank, are 
willing to comply with the terms of a general law, pla¬ 
cing the security for their circulation in the hands of 
the state. Great improvements mnst be made upon 
this subject, and that before long to meet the just de¬ 
mands of the people. 

We might go on to enumerate specific laws, ad infi¬ 
nitum, which under a new constitution will be exam¬ 
ined and improved. The evils of excessive legislation 
—that spirit of legislating for every thing, will be cor¬ 
rected, and in their stead we shall find some confidence 
reposed in the honor and intelligence of the people.— 
An important duty rests upon the people of Ohio, in 
this work of remodelling their constitution. It is to be 
a thing for time to which all law from the time of its 
passage is to be referrable. 


The New Constitution. —This valuable and time¬ 
ly publication has now reached its fifth number. It is 
published in pamphlet form, suitable for binding, each 
number containing 16 pages, and will be issued week¬ 
ly for six months at $1,00 per single copy. 

This journal is valuable to every man, be his political 
views what they may, as a lepository of important po¬ 
litical and historical documents, not easily accessible to 
the mass. As the question of a Convention to reform 
our State Constitution will be decided at the next Oc¬ 
tober election, it behooves every voter to be well in¬ 
formed on the points involved in that question. The 
“New Constitution” is the only periodical published in 
the State specially devoted to spreading light on that 
subject, and at the same time advocating Reform. 

Published by S. Medary, Columbus, Ohio.— Zanes¬ 
ville Platform, (a Homestead Journal.) 

0"Charle.s Whitney, the American Elocutionist, is 
giving his imitations of American orators at Willis’, 
London. 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 
Seven copies, “ “ “ 5 00 

Fifteen “ “ «• ; “ 10 00 

O" All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

O’ Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 









THE NEW CONSTITUTION. 


“POWER is always stealing from the many to the few.” 

Vol. I. Columbus, Ohio, Saturday, June 16, 1849. No. 7. 


Postage. —The postage on this work is the same as 
on a newspaper. 

Journal of the Convention that formed the 
present Constitution of Ohio. 

We publish in this number of the “New Constitu¬ 
tion” the whole of the journal kept during the sitting 
of the Convention that formed the present Constitution 
of Ohio. Though it excludes everything else, or near¬ 
ly so, we supposed our readers would prefer it in one 
number than to have it divided. 

The Legislature of last winter thought this journal of 
the Convention of 1802 of sufficient importance to or¬ 
der it published with the journals of the session. Al¬ 
though brief, and not of a very exciting character, yet 
it contains all there is on record of so great an event as 
that of forming a new State, and hence it is sufficient¬ 
ly important to be sought after on an occasion like the 
present. 

To Correspondents. 

Correspondents will excuse us, no doubt, for the 
non-appearance of their valuable favors this week. 
They shall appear in our next. We assure our cor¬ 
respondents, although some of them may differ with 
us in opinion, that we feel under great obligations 
to them for their well written articles, and shall ever 
hold their friendship in high estimation. 

Stark and Lorain. 

While many counties have done well in patronising 
our New Constitution, yet Stark and Lorain counties 
stand at the head of the list—Stark far ahead of all the 
rest. Hamilton, Butler, Montgomery, Miami, Defi¬ 
ance, Seneca, Wyandott, Union, Crawford, Knox, Cuy¬ 
ahoga, Jefferson, flolmes, Monroe, Guernsey, Morgan, 
Athens, Scioto and Pickaway, have done well, very 
well, and so have others done fine, and we feel under 
deep obligations to them for thus aidiug us in a sub¬ 
stantial way to prosecute our work with vigor and 
success. We have the most friendly and decided pro¬ 
mises from others that they are preparing to add large¬ 
ly to our list. All praise the work so far, and this 
alone, is no small remuneration for our labors. 

lETThe first newspaper ever published, was issued 
at Venice, in 1583, and was called the Gazette. The 
first newspaper published in the United States was is¬ 
sued in 1604, at Boston, about twenty-one years after 
the first newspaper printed. 


JOURNAL OF THE CONVENTION 
For forming a 

Constitution and State Government, 

Begun and held at the town of Chillicoihe, in the county 
of Ross, on the first Monday in November, in the 
year of our Lord, one thousand eight hundred and two, 
and of the Independence of the United States of Ameri¬ 
ca, the twenty-seventh. 

On which day, being the time and place appointed for 
the meeting of the convention, for the purpose of form¬ 
ing a constitution and state government, by the act of 
Congress, entitled, “An act to enable the people of 
the eastern division of the territory north-west of the 
river Ohio, to form a constitution and state govern¬ 
ment, and for the admission of such state into the Un¬ 
ion on an equal footing with the original states, and for 
other purposes,” the following members appeared, who 
produced certificates of their having been dnly chosen 
to serve in the convention, and having severally taken 
the oath of fidelity to the United States, and also an 
oath faithfully to discharge the duties of their office, 
took their seats, to wit: 

From thecounty of Adams —Joseph Darlinton, Thom¬ 
as Kirker and Israel Donalson. 

From the county of Belmont —James Caldwell. 

From the county of Hamilton —Francis Dunlavy, John 
Paul, Jeremiah Morrow, John Wilson, Charles WilllDg 
Byrd, Willing Goforth, John Smith, and John Reily, 
From the county of Jefferson— Rudolph Bair, John 
Milligan and George Humphrey. 

From the county of Ross— Edward Tiffin, Nathaniel 
Massie, Thomas Worthington, Michael Baldwin and 
James Grubb; and 

From the county oj Trumbull— Samuel Huntington. 
On motion, The convention proceeded to the choice 
of a Presidentpro tempore, when William Goforth, Es¬ 
quire, was chosen and took the chair. 

On motion, The convention proceeded to the choice 
of a Secretary, pro tempore ; whereupon Mr. William 
McFarland was chosen and proceeded to the duties o 
his office. 

On motion, 

Resolved, That a standing committee of Privilege 
and Elections, to consist of five members, be chosen 
by ballot, whose duty it shall be to examine and report 
upon the credentials of the members returned to serve 
in the convention, and to take into consideration all 
such matters as shall or may be referred to them, touch¬ 
ing returns and elections, and to report their proceed¬ 
ings, with their opinion thereupon, to the convention. 

And a committee was appointed of Mr. Worthing¬ 
ton, Mr. Darlinton, Mr. Smith, Mr. Milligan, Mr. 
Huntington. 

On motion, The convention proceeded, by ballot, to 
the choice of a door-keeper, to serve during the plea¬ 
sure of the convention; and upon examining the 
ballots, a majority of the votes was found in favor of 
Adam Betz. 


















THE NEW CONSTITUTION. 


9S 


On motion, Ordered, That a committee of three be 
appointed to prepare and report rules for the regulation 
and government of the convention, and that Mr. Rei- 
ly, Mr. Milligan and Mr. Worthington be said com¬ 
mittee 

And then the convention adjourned until to-morrow 
morning, ten o'clock. 

TUESDAY, Nov. the 2d, 1802. 

Several other members, to wit: from the county of 
Belmont, Elijah Woods; from the county of Fairfield, 
Emanuel Carpenter and Henry Abrams; from the 
county of Jefferson, Bazaleel Wells and Nathan Up- 
degraff; from the county of Hamilton, John W. 
Browne; and from the county of Washington, Rufus 
Putnam, Ephraim Cutler, John Mclntire and Benja- 
man Ives Gilman, appeared, who severally produced 
certificates of their having been chosen as members to 
the convention, and having taken the oath of fidelity 
to the United States, and also on oath faithfully to dis¬ 
charge the duties of their office, took their seats. 

Mr. Worthington, from the committee on Privileges 
and Elections, to whom was referred the several returns 
of election of members to serve in the convention, 
made a report, which he delivered in at the Secreta¬ 
ry’s table, where the same was read in the words fol¬ 
lowing, to wit: 

The committee of Privileges and Elections, to whom 
was referred the certificates of the elections of the fol¬ 
lowing members, viz : 

From the tounty of Adams —Joseph Darlinton, Thom¬ 
as Kirker and Israel Donalson, Esqrs. 

From the county of Belmont —James Caldwell, Esq. 

From the county of Clermont —Philip'Gatch and James 
Sargent, Esqrs. 

Fromthe county of Hamilton —Francis Dunlavy, John 
Paul, Jeremiah Morrow, John Wilson, Charles Wil¬ 
ling Byrd, William Goforth, John Smith, and John 
Reily, Esqrs. 

From the county of Jefferson —Rudolph Bair, John 
Milligan and George Humphrey, Esqrs. 

From the county of Boss —Edward Tiffin, Nathaniel 
Massie, Thomas Worthington, Michael Baldwin and 
James Grubb, Esqrs.; and 

From the county of Trumbull— Samuel Huntington, 
Esq. 

Having carefully examined the same, find them reg¬ 
ular and agreeably to a law of the territory, entitled 
“an act to ascertain the number of free, male inhabit¬ 
ants of the age of twenty-one, in the territory of the 
United States, north-west of the river Ohio ; and to 
regulate the election of representatives for the same ;” 
and that the members aforesaid, from the certificates to 
us referred, appear duly elected. 

The said report was again read, and on the question 
thereupon, agreed to by the convention. 

On motion. 

Resolved, That the convention proceed, by ballot, to 
the choice of a President. 

The convention accordingly proceeded tochoose their 
President, and upon examining their ballots it was 
found that Edward Tiffin, Esq., was duly chosen, who 
accordingly took his seat in the chair, and delivered 
the following address : 

Gentlemen —I beg you to be assured that I duly ap¬ 
preciate the honor you have conferred in selecting me 
to preside over your deliberations on this important oc¬ 
casion ; the duties of the chair will, I presume, be 
pleasiug and easy, for, from the known characters of 
the gentlemen who compose this convention, there can 
be no doubt but that the utmost propriety and decorum 
will be observed, without the aid of interference from 
the chair. Whatever rules you may adopt for the gov¬ 
ernment of the convention, shall be strictly observed, 


and in every decision which may be required from the 
chair, the utmost impartiality shall be evinced. 

On motion, 

Resolved, That the convention proceed, by ballot, to 
the choice of a Secretary, and that the person having a 
plurality of votes be elected. 

The convention accordingly proceeded to choose their 
Secretary, and upon examining the ballots, it was found 
that Thomas Scott, Esq., was duly chosen, who there¬ 
upon took the oath of fidelity to the United States, 
and also an oath faithfully to discharge the duties of 
his office. 

On motion, 

Resolved, That the convention proceed, by ballot, to 
the choice of an Assistant Secretary. 

The convention accordingly proceeded to the choice 
of an Assistant Secretary, and upon examining the 
ballots, a majority of the votes of the whole number 
was found in favor of Mr. William M’Farland, who 
thereupon took the oath of fidelity to the United States, 
and also an oath faithfully to discharge the duties of 
his office. 

And the convention adjourned until to-morrow 
morning, ten o’clock. 


WEDNESDAY, Nov. 3d, 1802. 

Another member, to wit : from the county of Ham¬ 
ilton, John Kitchel, who appeared, produced a certifi¬ 
cate of his having been duly chosen as a member of 
the convention, and having taken the oath of fidelity to 
the United States, and also an oath faithfully to dis¬ 
charge the duties of his office, took his seat. 

Mr. Reily, from the committee appointed to prepare 
and report rules for the regulation and government of 
the convention, made a report which was received and 
read ; whereupon, 

Resolved, That the same be established as the stand¬ 
ing rules and orders of the convention. 

standing rules and orders of the convention. 

1. The President shall take the chair every day at 
the hour to which the convention shall have adjourned 
on the preceding day; shall immediately call the mem¬ 
bers to o:der, and on the appearance of a quorum, 
shall cause the journal of the preceding day to be read. 

2. The President shall preservedecorum and order; 
may speak to points of order in preference to other 
members, rising from the chair for that purpose, and 
shall decide questions of order, subject to an appeal to 
the convention by any one member. 

3. The President, rising from his seat, shall dis¬ 
tinctly put the question in this form, viz : “ You who 
are of opinion that (as the case may be) say aye ; con¬ 
trary opinion say no.” 

4. If the President doubts, or a division be called 
for, the members shall divide, those in the affirmative 
first rising from their seats, and afterwards those in 
the negative. If a count be required by any member, 
the President shall name two members, one from each 
side, to tell the numbers, beginning with the affirma¬ 
tive, report of the same being made to the President, he 
rising from his seat, shall state the decision. 

5. Any member may call for a statement of the 
question, which the President may give sitting. 

G. The President with five members, shall be a suf¬ 
ficient number to adjourn ; seven to call a house and 
send for absent members, and make an order for their 
censure or discharge, and a majority of the whole num¬ 
ber, consisting of two-thirds of the whole number 
elected, be a quorum to proceed to business. 

7. When a member is about to speak in debate, or 
deliver any matter to the convention, he shall rise from 
his seat and respectfully address himself to Mr. Presi- 
I dent. 








THE NEW CONSTITUTION. 


99 


8. If any member in speaking or otherwise, trans¬ 
gress the rules, the President shall, or any member 
may, call to order ; in which case the member so called 
to order shall immediately sit down, unless permitted 
to explain, and the convention shall, if appealed to, de¬ 
cide on the case, but without debate. If the decision 
be in favor of the member called to order, he shall be 
at liberty to proceed ; if otherwise, and the case re¬ 
quire it, he shall be liable to the censure of the con¬ 
vention. 

9. When two or more happen to rise at the same 
time, the President shall name the person who is first 
to speak. 

10. No member shall speak more than twice to the 
same question, without leave of the convention. 

11. Whilst the President is putting a question or 
addressing the convention, none shall walk out of or 
across the room, nor when a member is speaking, en¬ 
tertain private discourse or pass between him and the 
chair. 

12. No person shall vote on any question or in any 
case where he was not present when the question was 
put. 

13. Upon calls of the convention for taking the 
yeas and nays on any question, the names of the mem¬ 
bers shall be called alphabetically, and each member 
shall answer from his seat. 

14. Any member shall have a right to call for the 
yeas and nays, provided he shall request it before the 
question be put. 

15. When a motion is made and seconded, it shall 
be stated by the President, or being in writing, shall be 
read aloud by the Secretary ; and every motion shall 
be reduced to writing, if the President or any member 
require it. 

1G. Any member may call for a division of the 
question, where the sense will admit of it. 

17. Each member shall particularly forbear personal 
reflection, nor shall any member name another in ar¬ 
gument or debate. 

18. After a motion is stated by the President, or 
read by the Secretary, it shall be deemed to be in pos¬ 
session of the convention, but may be withdrawn at 
any time before a decision or amendment. 

19. When a question is under debate, no motion 
shall be received unless it be the previous question, or 
for amending or committing the original motion or sub¬ 
ject in debate. 

20. The previous question shall be in this form, 
“ Shall the main question be now put ?” It shall only 
be admitted when demanded by threemembers,and un¬ 
til it is decided shall preclude all amendment and fur¬ 
ther debate on the original motion. 

21. In taking the sense of the convention, a ma¬ 
jority of the members shall govern 

22. If any member fails in attending to his duty, 
such officer as may be appointed for that purpose, by 
order of the convention, shall take him into custody, 
for which the officer shall receive one dollar per day 
for the time he is traveling to and from the place of 
residence of the member, and until he is admitted to 
hisseat, to be paid by the delinquent. 

23. No resolution, section orarticlein the constitu¬ 
tion, shall be finally concluded and agreed upon, until 
the same shall have received three several readings. 

24. The convention shall resolve itself into a com¬ 
mittee of the whole, when deemed necessary, and when 
in committee of the whole shall be governed by the 
foregoing rules, except that in committee of the 
whole, any member shall speak as often as he may 
think proper. 

25. The President shall appoint committees, liable 
to addition or amendment, on the motion of any mem¬ 
ber, unless otherwise directed by the convention. 


26. A motion to adjourn shall always be in order, 
and be decided without debate. 

A motion was made and seconded, that Arthur St. 
Clair, Sen., Esq., be permitted to address the conven¬ 
tion on those points which he deems of importance. 

And on the question thereupon, it was resolved in 
the affirmative—yeas 19, uays 14. 

Those who voted in the affirmative are, 

Messrs. Bair, Browne, Caldwell, Cutler, Dunlavy, 
Gilman, Humphrey, Huntington, M’lntire, Massie, 
Morrow, Paul, Putnam, Reily, Sargent, Smith, Upde- 
graff, Wells and Woods. 

Those who voted in the negative are, 

Messrs. Abrams, Baldwin, Byrd, Carpenter, Darling¬ 
ton, Donalson, Gatch, Goforth, Grubb, Kitchel, Kirker, 
Milligan, Wilson and Worthington. 

And thereupon, Arthur St. Clair, Sen., Esq., was 
permitted to address the convention. 

On motion, leave was given to lay before the con¬ 
vention a resolution on the subject of forming a con¬ 
stitution and state government; which resolution was 
received and read the first time. 

On motion, the said resolution was read the second 
time ; whereupon, 

Resolved, That the convention will immediately re¬ 
solve itself into a committee of the whole on the said 
resolution. 

The convention accordingly resolved itself into the 
said committee, Mr. Goforth in the chair, and after 
some time spent therein, Mr. President resumed the 
chair, and Mr. Goforth reported, that the committee 
had, according to order, had the said resolution under 
consideration, and made no amendment thereto. 

The said resolution was then amended at the Secre¬ 
tary’s table, and read the third time, and on the ques¬ 
tion that the convention do agree to the same, in the 
words following : 

Whereas, Congress did, by the law, entitled “ an act 
to enable the people of the eastern division of the ter¬ 
ritory north-west of the river Ohio, to form a constitu¬ 
tion and state government, and for the admission of said 
state into the Union on an equal footing with the orig¬ 
inal states, and for other purposes that the members 
of the convention thus duly elected, agreeably to the 
act aforesaid, when met, shall first determine by a ma¬ 
jority of the whole number elected, whether it be or 
be not expedient, at this time, to form a constitution and 
state government for the people within the said territo¬ 
ry: Therefore, 

Resolved, That it is the opinion of this convention, 
that it is expedient, at this time, to form a constitution 
and state government. 

It was resolved in the affirmative—yeas 32, nays 1. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Cald¬ 
well, Carpenter, Darlinton, Donalson, Dunlavy. Gatch, 
Gilman. Goforth, Grubb, Humphrey, Huntington, 
Kirker, Kitchel, M’lntire, Massie, Milligan, Morrow, 
Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells, 
Wilson, Woods and Worthington. 

The vote in the negative was, 

Mr. Cutler. 

On motion, 

Resolved, That the convention will now proceed to 
form a constitution and state government. 

On motion, 

Resolved, That a committee be appointed, to consist 
of one member from each county, to prepare and re¬ 
port a preamble and the first article of tile constitution. 

And a committee was appointed, to wit: 

From the county of Hamilton, Mr. Byrd ; from the 
county of Clermont, Mr. Gatch ; from the county of 
Adams, Mr. Darlinton ; from the county of Ross, Mr. 






100 


THE NEW CONSTITUTION. 


Massie ; from Ihe county of Fairfield, Mr. Carpenter ; 
from the county of Washington, Mr. Putman ; from 
the county of Jefferson, Mr. Milligan ; from the coun¬ 
ty of Trumbull, Mr. Huntington ; and from the coun¬ 
ty of Belmont, Mr. Caldwell. 

On motion, ordered that the following persons be ad¬ 
ded to the said committee, to wit: 

From the county of Hamilton, Mr. Paul and Mr. 
Smith ; from the county of Adams, Mr. Kirker ; from 
the county of Ross, Mr. Worthington ; from the coun¬ 
ty of Washington, Mr. Gilman ; and from the county 
of Jefferson, Mr. Wells. 

On motion, ordered that Mr. M’Farland, Assistant 
Secretary, attend the said committee. 

On motion, 

Resolved, That a committee of two be appointed, to 
provide fuel and stationery ; also, to contract for the 
necessary printing for the convention, and that Mr. 
Massie and Mr. Grubb be the said committee. 

Mr. Worthington, from the committee of Privileges 
and Elections, to whom was referred the several re¬ 
turns of elections of members to serve in the conven¬ 
tion, made a report, which he delivered in at the Sec¬ 
retary’s table, where the’same was read as follows : 

The committee of Privileges and Elections, to whom 
was referred the certificates of election of the following 
members, viz: 

From the county of Belmont, Elijah Woods, Esq.; 
from the county of Fairfield, Emanuel Carpenter and 
Henry Abrams, Esqrs.; from the county of Hamilton, 
John W. Browne and John Kitchel, Esqrs.; from the 
county of Jefferson, Nathan Updegraff and Bazaleel 
Wells, Esqrs.; and from the county of Washington, 
Rufus Putnam, Ephraim Cutler, John M’Intire, and 
Benjamin Ives Gilman, Esqrs., having carefully exam¬ 
ined the same, report, that from the certificates to us 
referred, the members aforesaid appear duly elected, 

The said report was again read, and on the question 
thereupon, agreed to by the convention. 

And then the convention adjourned until to-morrow, 
12 o’clock. 


THURSDAY, Nov. 4th,1802. 

Mr. Putnam, from the committee appointed to pre¬ 
pare a preamble and the first article of the constitution, 
reported a preamble to the constitution; which was 
received and read the first time ; Whereupon, 

Resolved, That the convention will immediately re¬ 
solve itself into a committee of the whole convention, 
on the said preamble. 

The convention accordingly resolved itself into the 
said committee, Mr. Reily in "the chair, and after some 
time spent therein, Mr. President resumed the chair, 
and Mr. Reily reported, that the committee had, ac¬ 
cording to order, had the said preamble under consid¬ 
eration, and made an amendment thereto ; which he 
delivered in at the Secretary’s table. 

Ordered, that the said preamble, with the amend¬ 
ments, do lie on the table. 

On motion, ordered, that the committee appointed to 
provide fuel and stationery, also to contract for the 
printing for the present convention, be directed to in¬ 
quire of the printer, what seven hundred copies of the 
journal and constitution will cost; what every addi¬ 
tional three hundred copies will cost, and report the 
same to the convention. 

On motion, ordered, that a committee of three be 
appointed to revise the journal of the convention be¬ 
fore it goes to the press. 

And a committee was appointed of Mr. Reily, Mr. 
Gilman, and Mr. Donalson. 

On motion, ordered, that a committee of nine be ap¬ 
pointed to prepare and report a bill of rights and a 


schedule, for the purpose of carrying into complete op¬ 
eration the constitution and government. 

And a committee was appointed, of Mr. Geforth, 
Mr. Dunlavy, Mr. Browne, Air. Baldwin, Mr. Grubb, 
Mr. Woods, Air. Updegraff, Mr. Cutler and Mr. Don¬ 
alson. 

And then the convention adjourned until to-morrow, 
12 o’clock. 


FRIDAY, Nov. 5th, 1802. 

A motion was made and seconded, that the conven¬ 
tion expunge from their journal, the resolution and all 
the proceedings relative thereto, which authorized the 
President to inclose to his excellency the Governor, and 
those members of the territorial Legislature who are 
not in the convention, their opinion on the improprie¬ 
ty of holding another session of the Territorial Legis¬ 
lature. 

And on the question, will the convention agree to 
the same ? it was resolved in the affirmative—yeas 25, 
nays 8. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Abrams, Bair, Browne, Cutler, Donalson, 
Dunlavy, Gatch, Gilman, Goforth, Grubb, Humphrey, 
Huntington, Kirker, Kitchel, M’Intire, Morrow, Paul, 
Putnam, Reily, Sargent, Smith, Updegraff, Wells, Wil¬ 
son and Woods. 

Those who voted in the negative, are, 

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlin- 
ton, Massie, Milligan and Worthington. 

On motion, 

Resolved, That the President, in behalf of the con¬ 
vention, request the Governor to dissolve or prorogue 
the present Territorial Legislature. 

Mr. Massie, from the committee directed to inquire 
of the printers, what seven hundred copies of the con¬ 
stitution will cost; also, what every additional three 
hundred copies will cost, made a report, which was 
received and read the first time ; Whereupon, 

Ordered, That the said report be committed to Mr. 
Smith, Mr. Darlinton, Mr. Massie, Mr. Cutler and Mr. 
Bair. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 

SATURDAY. Nov. 6th, 1802. 

Mr. Putnam, from the committee appointed to pre¬ 
pare and report a preamble and the first article of the 
constitution, reported the first article of the constitu¬ 
tion ; which was received and read the first time ; 
Whereupon, 

Ordered, That the said article be committed to a com¬ 
mittee of the whole convention, on Monday next. 

On motion, Ordered, That forty copies of the said 
article be printed for the use of the members and officers 
of the convention. 

On motion, Ordered, That a committee be appointed 
toprepare andreport thesecond article of the constitu¬ 
tion, on the supreme executive authority. 

And a committee was appointed of Mr. Paul, Mr. 
Byrd, Mr. Smith, Mr. Gatch, Mr. Darlinton, Mr. Kir¬ 
ker, Mr. Massie, Mr. Worthington, Mr. Carpenter, Mr. 
Putnam, Mr. Gilman, Mr. Huntington, Mr. Milligan, 
Mr. Wells and Mr. Caldwell. 

The convention proceeded to consider the amend¬ 
ment reported on Thursday last, from the committee 
of the whole convention, to the preamble to the con¬ 
stitution ; and the same being read, was agreed to. 

And then the convention adjourned until Monday 
morning, ten o’clock. 

MONDAY, Nov. 8th, 1802. 

The convention, according to the order of the day, 










THE jNEW CONSTITUTION. 


101 


resolved itself into a committee of the whole conven¬ 
tion, on the first article of the constitution, Mr. Dar- 
linton in the chair, and after some time spent therein, 
Mr President resumed the chair, and Mr. Darlinton re¬ 
ported that the committee had, according to order, had 
the said article under consideration, and made some 
progress therein. 

Resolved, That the convention will, to morrow, again 
resolve itself into a committee of the whole convention, 
on the said article. 

And then the convention adjourned until to-morrow, 
morning, ten o’clock. 

TUESDAY, Nov. 9th, 1802. 

Mr. Massie, from the committee appointed to prepare 
and report the second article of the constitution, on 
the supreme executive authority, made report; which 
was received and read the first time ; Whereupon, 

Ordered, That the said article be committed to a com¬ 
mittee of the whole convention, to-morrow. 

Mr. Smith, from the committee to whom was referred 
the proposals of Mr. Nathaniel Willis and Messrs. Car¬ 
penter and Findlay, for printing the journal and con¬ 
stitution, now framing, made a report; which was 
received, and read the first time and ordered to lie on 
the table. 

The convention, according to the order of the day, 
again resolved itself into a committee of the whole 
convention, on the first article of theconstitution, Mr. 
Darlinton in the chair, and after some time spent there¬ 
in, Mr. President resumed thechair, and Mr. Darlinton 
reported, that the committee had, according to order, 
again had the said article under consideration, and made 
several amendments thereto ; which he delivered in at 
the Secretary’s table. 

Ordered, That the said article, with the amendments, 
do lie on the table. 

On motion, Ordered, That a committee be appointed 
to prepare and report the third article of the constitu¬ 
tion, on the Judiciary. 

And a committee was appointed of Mr. Paul, Mr. 
Byrd, Mr. Smith, Mr. Gatch, Mr. Darlinton, Mr. Kir- 
ker, Mr. Massie, Mr. Worthington, Mr. Carpenter, 
Mr. Putnam, Mr. Gilman Mr. Milligan, Mr. Weils, Mr. 
Caldwell and Mr. Huntington. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 

WEDNESDAY, Nov. 10th, 1802. 

A motion was made and seconded that Mr. Nathaniel 
Willis be appointed printer to the convention. 

And on the question thereupon, it was resolved in 
the affirmative—yeas 27, nays 5. 

The yeas and nays being demanded, those who vo¬ 
ted in the affirmative are, 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Cald¬ 
well, Carpenter, Darlinton, Donalson, Gatch, Gilman, 
Goforth, Grubb, Humphrey, Huntington, Kirker, M’- 
Intire, Massie, Milligan, Morrow, Putnam, Sargent, 
Smith, Updegraff, Wilson, Woods and Worthington. 

Those who voted in the negative are, 

Messrs. Dunlavy, Kitcheli, Paul, Reily and Wells. 

On motion, Ordered, That Mr. Baldwin be added to 
the committee appointed toprepare and report the third 
article of the constitution, on the Judiciary. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the second article of the constitution, on the 
supreme executive authority, Mr. Massie in the chair, 
and after some time spent therein, Mr. President re¬ 
sumed the chair, and Mr. Massie reported, that the 
committee had, according to order, had the said article 
under consideration, and made several amendments 
thereto ; which he delivered in at the Secretary’s table. 


Ordered, That the said article, with the amendments, 
do lie on the table. 

@n motion, Ordered, That Mr. Reily be added to the 
committee appointed to prepare and report a bill of 
rights, and a schedule, for the purpose of carrying 
into complete operation the constitution and govern¬ 
ment. 

On motion, Ordered, That a committee be appointed 
to contract with Mr. Nathaniel Willis, printer, of Chil- 
licothe, for the printing of seven hundred copies of the 
journal of the convention, and one thousand copies of 
the constitution now framing, in octavo, on the terms 
proposed by the said Willis ; and also, for such other 
printing as may be! found necessary, during the sitting 
of the convention, on the same terms that such print¬ 
ing hath heretofore been contracted for by the Legisla¬ 
ture of the territory ; and that Mr. Darlinton and Mr. 
Reily be the said committee. 

And then the convention adjourned until to-morrow 
morning, twelve o’clock. 

THURSDAY, Nov. 11th, 1802. 

Mr. Goforth, from the committee appointed to pre¬ 
pare and report a bill of rights, and a schedule for the 
purpose of carrying into complete operation the con¬ 
stitution and government, reported a bill of rights ; 
which was received and read the first time ; W here¬ 
upon, 

Ordered, That the said bill of rights be committed to 
a committee of the whole convention, to-morrow. 

And then the convention adjourned until to morrow 
morning, twelve o’clock. 

FRIDAY, Nov. 12th, 1802. 

On motion, Ordered, That a committee of five be 
appointed to prepare and report the fourth article of 
the constitution, designating the qualifications of elec¬ 
tors. 

And a committee was appointed of Mr. Morrow, 
Mr. Paul, Mr. Kirker, Mr. Grubb and Mr. Bair. 

Mr. Smith, from the committee appointed to prepare 
and report the third article of the constitution, on the 
judiciary, made a report which was received and read 
the first time ; Whereupon, 

Ordered, That the said article be committed to a com¬ 
mittee of the whole convention, to-morrow. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the bill of rights, Mr. Worthington in the chair, 
and after some time spent therein, Mr. President re¬ 
sumed the chair, and Mr. Worthington reported, that 
the committee had, according to order, had the said 
bill of rights under consideration, and made several 
amendments thereto, which he delivered in at the Sec¬ 
retary’s table. 

Ordered, That the said bill of rights, with the amend¬ 
ments, do lie on the table. 

Another member, to wit: from thecounty of Trum¬ 
bull, David Abbot, who appeared, produced a certificate 
of his having been duly chosen as member in the con¬ 
vention, and having taken the oath of fidelity to the 
United States, and also an oath faithfully to discharge 
the duties of his office, took his seat. 

On motion, leave was given to lay before the conven¬ 
tion a resolution for submitting the constitution or 
frame of government now preparing, to the people of 
the eastern division of the territory north-west of the 
Ohio, for their acceptance or disapprobation ; which 
resolution was received and read the first time ; whero- 
upon, 

Ordered, That the said resolution be committed to a 
committee of the whole convention, to-morrow. 

On motion, Ordered, That a committee of six be ap¬ 
pointed, to prepare and report the sixth article of the 










102 


THE NEW CONSTITUTION. 


constitution, designating the manner in which sheriffs, 
coroners and certain other civil officers, shall be chosen 
or appointed. 

And a committee was appointed of Mr. Kitchel, Mr. 
Wilson, Mr. M’Intire, Mr. Abbot, Mr. Gilman and Mr. 
Baldwin. 

On motion, Ordered, That a committee of five be ap¬ 
pointed to prepare and report the fifth article of the 
constitution, declaring the manner in which militia of¬ 
ficers shall be chosen or appointed. 

And a committee was appointed of Mr. Putnam, 
Mr. Bvrd, Mr. Massie, Mr. Worthington and Mr. Sar¬ 
gent. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 


SATURDAY, Nov. 13th, 1802. 

Mr. Worthington, from the committee appointed to 
prepare and report the fifth article of the constitution, 
declaring the manner in which militia officers shall be 
chosen or appointed, made a report which was received 
and read the first time ; whereupon, 

Ordered, That the said article be committed to a 
committee of the whole convention on Monday next. 

Mr. Morrow, from the committee appointed to pre¬ 
pare and report the fourth article of the constitution, 
designating the qualifications of electors, made a re- 
porl, which was received and read the first time; where¬ 
upon, 

Ordered, That the said article be committed to a com¬ 
mittee of the whole convention on Monday next. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the resolution for submitting the constitution 
or frame of government now preparing, to the people 
of the eastern division of the territory north-west of 
the Ohio, for their acceptance or disapprobation, Mr. 
Byrd in the chair, and after some time spent therein, 
Mr. President resumed the chair, and Mr. Byrd report¬ 
ed, that the committee had, according to order, had the 
said resolution under consideration, and directed him 
to report to the convention their disagreement to the 
same. 

On the question, that the convention do agree with 
the committee of the whole convention, in their disa¬ 
greement to the said resolution, in the words following: 

Resolved, That the constitution or frame of govern¬ 
ment by this convention prepared for the people of the 
eastern division of the territory north-west of the Ohio, 
be submitted to them for their acceptance and confir¬ 
mation, in the following manner, to wit: Meetings of 
the people for that purpose, shall be holden in the sev¬ 
eral election districts in each county, on the day 
of next, at which meetings the opinion of the 
people shall be taken by ballot; those who are for ac¬ 
cepting the constitution, shall give in a ballot with the 
word yea wrote thereon ; and those in the negative opin¬ 
ion, a ballot with the word nay on it. Judges shall be 
chosen to preside, who shall receive, count and certify 
the number of yeas and nays to the prothonotary, in 
the same manner as provided by law, for the election 
of Representatives to the General Assembly , the pro¬ 
thonotary, in the presence of the sheriff and two justi¬ 
ces of the peace, shall count the yeas and nays, and 
make return thereof, sealed up, to , on or before 

the day of 

And be it further Resolved, That be and 

they are hereby appointed a committee, on the 
day of next, shall meet at and they, or a 

majority of them, shall open the returns of the several 
prothonotaries and count the number of yeas and nays, 
and if there appears a majority of the people for accept¬ 
ing the constitution, the committee shall give notice 
thereof in the newspapers printed at Cincinnati, Chil- 


j licothe and Marietta ; and the election of the Govern¬ 
or and members of the two Housee of the General As¬ 
sembly shall proceed as provided for by this constitu¬ 
tion. But if it appear that there is not a majority of 
the people for accepting of the constitution, then the 
committee aforesaid be, and they are hereby vested with 
power, in the name and by the authority of this con¬ 
vention, to call another convention for the purpose of 
amending this or forming a constitution, to be confirm¬ 
ed by the said convention, without further reference to 
the people. 

It was resolved in the affirmative—yeas 27, nays 7. 

Those who voted in the affirmative are, 

Messrs. Abbot,Abrams, Baldwin,Bair, Browne, Byrd, 
Caldwell, Carpenter, Darlinton, Donalson, Dunlavy, 
Gatch, Goforth, Grubb, Humphrey, Huntington, Kir- 
ker, Kitchel, Massie, Milligan, Morrow, PauREargeut, 
Smith, Wilson, Woods and Worthington. 

Those who voted in the negative are, 

Messrs. Cutler, Gilman, MTntire, Putnam, Reily, 
Updegraffand Wells. 

The convention, according to the order of the day, 
resolved itself into a committtee of the whole conven¬ 
tion, on the third article of the constitution, on the judi¬ 
ciary, Mr. Smith in the chair, and after some time spent 
therein, Mr. President resumed the chair, and Mr. 
Smith reported, that the committee had, according to 
order, had the said article under consideration, and 
made some progress therein. 

Resolved, That the convention will, on Monday 
next again resolve itself into a committee of the whole 
convention, on the said article. 

And then the convention adjourned until Monday 
morning, ten o’clock. 

MONDAY, Nov. 15th, 1802. 

The convention, according to the order of the day, 
again resolved itself into a committee of the whole con¬ 
vention, on the third article of the constitution, on the 
judiciary, Mr. Massie in the chair, and after some time 
spent therein, Mr. President resumed the chair, and Mr. 
Massie reported, that the committee had, according to 
order, again had the said article under consideration, 
and made a further progress therein. 

Resolved, That the convention will, to-day, again re¬ 
solve itself into a committee of the whole convention, 
on the said article. 

Mr. Worthington, from the committee on Privileges 
and Elections, to whom was referred the return of elec¬ 
tion of David Abbot, from the county of Trumbull, to 
serve in the convention, made a report, which he deliv¬ 
ered in at the Secretary’s table, where the same was 
read and agreed to in the words following, to wit: 

The committee on Privileges and Elections, having 
examined the certificate of election of David Abbot, 
Esq., from the county of Trumbull, find the Same 
agreeable to law, and further report, that it appears from 
the certificate aforesaid, thatthesaid David Abbot,Esq., 
is duly elected as a representative to the convention, 
from the county aforesaid. 

The convention, according to the order of the day, 
again resolved itself into a committee of the whole 
convention, on the third article of the constitution, on 
the Judiciary, Mr. Smith in the chair, and after some 
time spent therein, Mr. President resumed the chair, 
and Mr. Smith reported, that the committee had, ac¬ 
cording to order, again had the said article under con¬ 
sideration, and made several amendments thereto, which 
he delivered in at the Secretary’s table. 

On motion, Ordered, That the said article, with the 
amendments thereto, be recommitted to Mr. Byrd, Mr. 
Huntington and Mr. Darlinton. 

The several orders of the day were further postponed 
until to-morrow. 







THE NEW CONSTITUTION. 


103 


And then the convention adjourned until to-morrow 
morning, ten o’clock. 

TUESDAY, Nov. 16th, 1802. 

Mr. Kitchel, from the committee appointed to pre¬ 
pare and report the sixth article of the constitution, 
designating the manner in which sheriffs, coroners and 
certain other civil officers shall be chosen or appointed, 
made a report, which was received and read the first 
time ; Whereupon, 

Ordered, That the said article be committed to a com¬ 
mittee of the whole convention to-day. 

Mr- Darlinton, from the committee appointed to con¬ 
tract with Mr. Nathaniel Willis, printer, of Chillicothe, 
for the printing of seven hundred copies of the journal 
of the convention, and one thousand copies of the con¬ 
stitution now framing, in octavo, and also for such oth¬ 
er printing as may be found necessary, reported, that 
the committee had made the said contract, which he 
delivered in at the Secretary’s table, where the same 
was read and agreed to by the convention. 

Mr. Byrd, from the committee to whom was recom¬ 
mitted the third article of the constitution, on the judi¬ 
ciary, reported an amendatory article on the judiciary, 
which was received and read the first time. 

On motion, Ordered, That the said article be com¬ 
mitted to a committee of the whole convention to mor¬ 
row. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the fourth article of the constitution, designa¬ 
ting the qualifications of electors, Mr. Baldwin in the 
chair, and after some time spent therein, Mr. President 
resumed the chair, and Mr. Baldwin reported, that the 
committee had, according to order, had the said article 
under consideration, and made several amendments 
thereto, which he delivered in at the Secretary’s table. 

Ordered, That thesaid article, with the amendments, 
do lie on the table. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the fifth article of the constitution, declaring 
the manner in which Militia officers shall be chosen or 
appointed, Mr. Wells in the chair, and after some time 
spent therein, Mr. President resumed the chair, and 
Mr. Wells reported, that the committee had, according 
to order, had the said article under consideration, and 
made several amendments thereto, which he delivered 
in at the Secretary’s table. 

Ordered, That the said article, with the amendments, 
do lie on the table. 

On motion, Ordered, That a committee of five be 
appointed to prepare and report an article comprehend¬ 
ing the general regulations and provisions of the con¬ 
stitution. 

And a committee was appointed of Mr. Smith, Mr. 
Huntington, Mr. Worthington, Mr. Darlinton and Mr. 
Abrams. 

On motion, ordered, That a committee, to consist of 
one member from each county, be chosen by ballot, 
whose duty it shall be to take into consideration the 
propositions made by Congress, for the acceptance or 
rejection of the convention, and report their opinion 
thereupon. 

And a committee was accordingly chosen, to wit: 
From the county of Adams, Mr. Darlinton; from the 
county of Belmont, Mr. Woods; from the county of 
Clermont, Mr. Gatch; from the county of Fairfield, 
Mr. Carpenter; from the county of Jefferson, Mr. 
Wells; from the county of Hamilton, Mr. Byrd ; from 
the county of Ross, Mr. Worthington ; from the 
county of Trumbull, Mr. Huntington ; and from the 
county of Washington, Mr. Putnam. 

The convention, according to the order of the day, 


resolved itself into a committee of the whole conven¬ 
tion, on the sixth article of the constitution, designa¬ 
ting the manner in which sheriffs, coroners and certain 
other civil officers shall be chosen or appointed, Mr. 
Gilman in the chair, and after sometime spent therein, 
Mr. President resumed the chair, and Mr. Gilman re¬ 
ported, that the committee had, according to order, had 
the said article under consideration, and made several 
amendments thereto, which he delivered in at the Sec¬ 
retary’s table. 

Ordered, That the said article, with the amendments, 
do lie on the table. 

And then the convention adjourned udtil to-morrow, 
twelve o’clock. 


WEDNESDAY, Nov. 17th. 1802. 

Mr. Goforth, from the committee appointed to pre¬ 
pare and report a bill of rights, and a schedule for the 
purpose of carrying into complete operation the con¬ 
stitution and government, reported a schedule, which 
was received and read the first time ; Whereupon, 

Ordered, That the said schedule be committed to a 
committee of the whole convention to-morrow. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the third article of the constitution, on the 
judiciary, Mr. Smith in the chair, and after some time 
spent therein, Mr. President resumed the chair, and 
Mr. Smith reported, that the committee had, according 
to order, had the said article under consideration, and 
made several amendments thereto, which he delivered 
in at the Secretary’s table. 

Ordered, That the said article, with the amendments, 
do lie on the table 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 

THURSDAY, Nov. 18th, 1802. 

Mr. Smith, from the committee appointed to prepare 
and report the seventh article of the constitution, com¬ 
prehending the general regulations and provisions of 
the constitution, made a report, which was received and 
read the first time ; Whereupon, 

Ordered, That the said article be committed to a 
committee of the whole convention to-morrow. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the schedule to the constitution, Mr. Byrd in 
the chair, and after some time spent therein, Mr. Pres¬ 
ident resumed the chair, and Mr. Byrd reported, that 
the committee had, according to order, had the said 
schedule under consideration, and made several amend¬ 
ments thereto, which he delivered in at the Secretcry’s 
table. 

Ordered, That the said schedule, with the amend¬ 
ments, do lie on the table. 

The convention proceeded to consider the amend¬ 
ments reported on the 9th instant, from the committee 
of the whole convention, to the first article of the con¬ 
stitution, and the same beingread, some were agreed to 
and others disagreed to. 

A motion was then made further to amend the said 
article at the Secretary’s table, by striking out after the 
word “ of,” in the second line of the fourth section, 
the words “ twenty-five.” 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 10, nays 23. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Baldwin, Carpenter, Darlinton, Grubb, 
Humphrey, Kirker, Kitchel, Milligan, Morrow and 
Smith. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Bair, Browne, Byrd, Cald- 








104 


THE NEW CONSTITUTION. 


well, Cutler, Donalson, Gatch, Gilman, Goforth. Hun¬ 
tington, M’Intire, Massie, Paul, Putnam, Reily, Sar¬ 
gent, Updegraff, Wells, Wilson, Wood and Worthing¬ 
ton. 

Another motion was then made, further to amend 
the said article by striking out, after the word “cho¬ 
sen,” in the first line of the fifth section, the word 
“ biennially.” and to insert in lieu thereof the word 
“annualiy.” 

And on the qaestion thereupon, it passed in the neg¬ 
ative—yeas 15, nays 18 

And the yeas and nays being demanded, those who 
voted in the affirmative are, 

Messrs. Abbot, Abrams, Baldwin, Browne, Carpen¬ 
ter, Darlinton, Donalson, Gatch, Grubb, Humphrey, 
Kitohel, Milligan, Sargent, Wilson and Worthington. 

Those who voted in the negative are, 

Messrs. Byrd, Caldwell, Cutler, Dunlavy, Gilman, 
Goforth, Huntington, Kirker, M’Intire, Massie, Mor¬ 
row, Paul, Putnam, Reily, Smith, Updegraff, Wells 
and Wcods. 

Another motion was then made further to amend the 
said article by striking out, after the word “ than,” in 
the sixth line of the sixth section, these words, “ one- 
third.” 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 8, nays 25. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Abbot, Caldwell, Carpenter, Humphrey, 
Kiraer, Milligan, Morrow and Worthington. 

Those who voted in the negative are, 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Cut¬ 
ler, Donalson, Dunlavy, Gatch, Gilman, Goforth, 
Grubb, Huntington, Ivitchel, M’lntire, Massie, Paul, 
Putnam, Reily, Sargent, Smith, Updegraff, Wells, Wil¬ 
son and Woods. 

Another motion was then made, further to amend 
the said article,and debate arising thereon, an adjourn¬ 
ment was called for. 

And then the convention adjourned until threo o’clock, 


The convention met at three o’clock, P. M. 

A motion was made to amend the standing rules and 
orders of the convention, by inserting after the word 
“ it,” in the second line of the sixteenth rule, these 
words, “unless the ayes and noes has been previously 
called for.” 

And on the question thereupon, agreed to by the con¬ 
vention. 

The convention resumed the consideration of the 
amendments reported on the ninth instant, from the 
committee of the whole convention, to the first article 
of the constitution ; Whereupon, 

The sixteenth section of the said article being under 
consideration, in the words following: 

“ Sec. 16. Bills may originate in either Honse, but 
may be altered, amended or rejected by the other.” 

A motion was made to strike out the said section, 
and insert in lieu thereof, a section in the words fol¬ 
lowing : 

Sec. 16. Bills may originate in either House, but 
the other House may propose alterations and amend¬ 
ments ; and whenever the House of Representatives 
and Senate disagree, a conference shall be held in the 
presence of both, and shall be managed by committees 
to be by them respectively chosen ; and after such con¬ 
ference had, the points in difference, whether it be the 
alteration, amendment, or rejection of the bill, shall be 
determined by the joint vote of the members of both 
Houses. 

And on the question that the convention do agree to 
the same, it passed in the negative—yeas 10, nays 24. 


The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Abbot, Browne, Carpenter, Dunlavy, Grubb, 
Kitchel, Milligan, Morrow, Paul and Wilson. 

Those who voted in the negative are, 

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Cut¬ 
ler, Darlinton, Donalson, Gatch, Gilman, Goforth, 
Humphrey, Huntington, Kirker, M’Intire, Massie, 
Putnam, Reily, Sargent, Smith, Updegraff, Wells, 
Woods and Worthington. 

Another motion was then made, further to amend 
the said article, at the Secretary’s table, and debate ari¬ 
sing thereon, an adjournment was called for. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 

FRIDAY, Nov. 19th, 1802. 

A petition of sundry of the inhabitants of the coun¬ 
ty of Clermont, was presented to the convention and 
read, praying that those privileges which are the abso¬ 
lute right of all men, may be secured to them, &,c.— 
Whereupon, 

Ordered, That the said petition do lie on the table. 

The convention resumed the consideration of the 
amendments reported on the ninth instant, from the 
committee of the whole convention, to the first article 
of the constitution ; Whereupon, 

Tne amendment moved yesterday to the said article, 
being under consideration, which was to strike out the 
nineteenth section, in the words following : 

Sec. 19. The members of the General Assembly 
shall receive from the public treasury, a compensation 
for their services, which shall not exceed two dollars 
per day, during their attendance on the sessions of 
respective Houses, and two dollars for every twenty- 
five miles travel, in going to, and returning from their 
respective sessions,by the most usual route : Provided, 
that the same may be increased or diminished by law ; 
but no alteration shall take effect during the session at 
which such alteration shall be made. 

And insert in lieu thereof, a section in the words fol¬ 
lowing : 

Sec. 19. The Legislature of this state shall not al¬ 
ow the following officers of government, greater annu¬ 
al salaries than as follows : until the year to 

wit: 

The Governor not more than dollnrs. 

The Judges of the Supreme Court, not more than 
dollars. 

The Secretary not more than dollars. 

The Treasurer, not more than per cent, for 

receiving and prying out all moneys. 

No member of the Legislature shall receive more 
than per day, nor more for every miles 

he shall travel in going to and returning from the Gen¬ 
eral Assembly. 

And on the question that the convention agree to 
the same, 

It was resolved in the affirmative—yeas 21, nays 13. 

The yeas and naysbeing demanded, those who voted 
in the affirmative are, 

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, 
Carpenter, Darlinton, Donalson, Dunlavy,Gatch, Hum¬ 
phrey, Huntington, Kirker, Kitchel, Milligan, Mor¬ 
row, Paul, Sargent, Updegraff, Wilson and Worthing¬ 
ton. 

Those who voted in the negative are, 

Messrs. Baldwin, Byrd, Cutler, Gilman, Goforth, 
Grubb, M’Intire, Massie, Putnam,Reily, Smith, Wells 
and Woods. 

A motion was made to amend the said section, by ad¬ 
ding after the word “ than,” in the fourth line, these 
words, “ twelve hundred.” 

And on the question thereupon, 






THE NEW CONSTITUTION. 


105 


It passed in the negative—yeas 13, nays 21. 

The yeas and nays being demanded, those who voted 
in the affirmattve are, 

Messrs. Abbot, Baldwin, Byrd, Caldwell, Cutler, 
Gilman, Goforth, Huntington, Massie, Putnam, Smith, 
Wells and woods. 

Those who voted in the negative are, 

Messrs. Abrams, Bair, Browne,Carpenter,Darlinton, 
Donalson, Dunlavy, Gatch, Grubb, Humphrey, Kir- 
ker, Kitchel, M’lntire, Milligan, Morrow, Paul, Reily, 
Sargent, UpdegrafF, Wilson and Worthington. 

Another motion was then made, and the question be¬ 
ing put, further to amend the said section, by inserting 
after the word “than,” in the fourth line, the words 
“ one thousand.” 

It was resolved in the affirmative—yeas 23, nays 11. 
The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Abrams, Baldwin, Browne, Caldwell, Car¬ 
penter, Cutler, Gatch, Gilman, Goforth, Grubb, Hum¬ 
phrey, Huntington, Kirker, M’lntire,Massie, Milligan, 
Putnam, Sargent, Smith, UpdegrafF, Wells, Woods and 
Worthington. 

Those who voted in the negative are, 

Messrs. Abbot, Bair, Byrd, Darlinton, Donalson, 
Dunlavy, Kitchel, Morrow, Paul, Reily and Wilson. 

Another motion was then made, and the question 
being put, further to amend the said section, by in¬ 
serting after the word “ than,” in the eighth line, the 
words “six hundred.” 

It passed in the negative—yeas 5, nays 29. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Baldwin, Byrd, Gilman, Massie and Wells. 
Those who voted in the negative are, 

Messrs. Abbot, Abrams, Bair, Rrowne, Caldwell, 
Carpenter. Cutler, Darlinton, Donalson, Dunlavy, 
Gatch, Goforth, Grubb, Humphrey, Huntington, Kir¬ 
ker, Kitchel, MTntire, Milligan, Morrow, Paul, Put¬ 
nam, Reily, Sargent, Smith, UpdegrafF, Wilson, Woods 
and Worthington. 

Another motion was then made, and the question be¬ 
ing put, further to amend the said section by inserting, 
after the word “ than,” in the 14th line, the words “two 
dollars.” 

It was resolved in the affirmative—yeas 25, nays 9. 
The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Abbot, Abrams, Bair, Browne, Byrd, Car¬ 
penter, Cutler, Dunlavy, Gatch, Goforth, Grubb, 
Humphrey, Huntington, Kirker, Kitchel, MTntire, 
Milligan, Morrow, Putnam, Reily, Sargent, Smith, 
UpdegrafF, Wells and Worthington. 

Those who voted in the negative are, 

Messrs. Baldwin, Caldwell, Darlinton, Donalson, 
Gilman, Massie, Paul, Wilson and Woods. 

Another motion was then made, and the question be¬ 
ing put, further to amand the said section by adding to 
the end of the section a proviso, in the words folllow* 
ing: Provided, That no member of this convention 
shall berfppointed to any office created by this consti¬ 
tution, until the expiration of one year after the con¬ 
stitution shall take effect, except such officers as are 
hereby made elective by the people, and to county of¬ 
fices. 

It passed in the negative—yeas 3, nays 31. 

The yeas and nays being demanded, 

Those who voted in the affirmative art, 

Messrs. Abbot, Paul and Reily. 

Those who voted in the negative are, 

Messrs. Baldwin, Bair, Browne, Byrd, Caldwell, Car¬ 
penter, Cutler, Darlinton, Donaldson, Dunlavy, Gatch, 
Gilman, Goforth, Grubb, Humphrey, Huntington, 
Kirker, Kitchel, MTntire, Massie, Milligan, Morrow, 


Putnam, Sargent, Smith,. UpdegrafF, Wells, Wilson, 
Woods and Worthington. 

Another motion was then made, and the question 
being put, further to amend the said section by insert¬ 
ing between theseventh and eighth lines of the section, 
the words following : the auditor of public accounts 
not more than seven hundred and fifty dollars. 

It was resolved in the affirmative—yeas 17, nays 17. 

The convention being equally divided, and Mr. Pres¬ 
ident declaring himself with the yeas. 

The yeas and nays being demanded, were as follows: 

Yeas —Messrs. Abrams, Browne, Byrd, Carpenter, 
Dunlavy, Gatch, Gilman, Goforth, Humphrey, Kitch¬ 
el, Massie, Morrow, Paul, Reily, Sargent, Wilson and 
Worthington. 

Nays —Messrs. Abbot, Baldwin, Bair, Caldwell, Cut¬ 
ler, Darlinton, Donalson, Grubb, Huntington, Kirker, 
MTntire, Milligan, Putnam, Smith, UpdegrafF, Wells, 
and Woods. 

Another motion was then made, and the question 
being put, further to amend the said section, by in¬ 
serting, after the word “ greater,” in the second line of 
the section, these words, “ nor less.” 

It passed in the negative—yeas 5, nays 29. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Baldwin, Byrd, Gilman, Wells and Woods. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, 
Carpenter, Cutler, Darlinton, Donalson, Dunlavy, 
Gatch, Goforth, Grubb, Humphrey, Huntington, Kir¬ 
ker, Kitchel, MTntire, Massie, Milligan, Morrow, Paul, 
Putnam, Reily, Sargent, Smith, UpdegrafF, Woods and 
Worthington. 

The said section was further amended at the Secre¬ 
tary’s table, and on the question that the convention 
do receive the said section, as amended, in the words 
following : 

Sec. 19. The Legislature of this state shall not al¬ 
low the following officers of government greater annu¬ 
al salaries than as follows, until the year one thousand 
eight hundred and eight, to wit: 

The Governor, not more than one thousand dollars. 
The Judges of the Supreme Court, not more than one 
thousand dollars each. The Secretary, not more than 
five hundred dollars. The auditor of public accounts, 
not more than seven hundred and fifty dollars. The 
Treasurer, not more than four hundred and fifty dol¬ 
lars. No member of the Legislature shall receive more 
than two dollars per day during their attendance on the 
Legislature, nor more for every twenty-five miles he 
shall travel in going to, and returning from the General 
Assembly. 

It was resolved in the affirmative—yeas 21, nays 13. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Abrams, Bair, Browne, Caldwell, Carpenter, 
Darlinton, Donalson, Dunlavy, Gatch, Grubb, Hum¬ 
phrey, Kirker, Kitchel, Milligan, Morrow, Paul, Sar¬ 
gent, Smith, UpdegrafF, Wilson and Worthington. 

Those who voted in the negative are, 

Messrs. Abbot, Baldwin, Byrd, Cutler, Gilman, Go¬ 
forth, Huntington, MTntire, Massie, Putnam, Reily, 
Wells and Woods. 

The said article was further amended at the Secreta¬ 
ry’s table, and with the amendments, was ordered to 
lie on the table. * 

The convention, according to order of the day, re¬ 
solved itself into a committee of the whole convention, 
on the seventh article of the constitution, comprehend¬ 
ing the general regulations and provisions of the con¬ 
stitution, Mr. Smith in the chair, and after some time 
spent therein, Mr. President resumed the chair, and 
Mr. Smith reported that the committee had, according 






106 


THE NEW CONSTITUTION. 


to order, had the said article under consideration, and 
made some progress therein. 

Resolee.cl, That the convention will, to-morrow,again 
resolve itself into a committee of the whole conven¬ 
tion on the said article. 

And then the convention adjourned until to-morrow 
morning, nine o’clock. 

SATURDAY, Nov. 20th, 1802. 

The convention, according to the order of the day, 
again resolved itself into a committee of the whole con¬ 
vention, on the seventh article of the constitution, com¬ 
prehending the general regulations and provisions of 
the constitution, Mr. Smith in the chair, and after some 
time spent therein, Mr. President resumed the chair, 
and Mr. Smith reported, that the committee had, ac¬ 
cording to order, again had the said article under con¬ 
sideration, and made several amendments thereto, 
which he delivered in at the Secretary’s table. 

Ordered, That the said article, with the amendments, 
do lie on the table. 

The convention proceeded to consider the amend¬ 
ments reported on the tenth instant, from the commit¬ 
tee of the whole, convention, to the second article of 
the constitution, on the supreme executive authority, 
and the same being read, w T ere agreed to by the con¬ 
vention. 

The said article was further amended at the Secreta¬ 
ry’s table, and, together with the amendments, ordered 
to lie on the table. 

The convention proceeded to consider the amend¬ 
ments reported on the twelfth instant, from the com¬ 
mittee of the whole convention, to the bill of rights; 
and the same being read, some were agreed to, and oth¬ 
ers disagreed to. 

A motion was then made to amend the said bill of 
rights, at the Secretary’s table, by striking out after the 
word ‘ convicted,’ in the fourth line of the second sec¬ 
tion, the words following: * nor shall any male person 
arrived at the age of twenty-one years, or female per¬ 
son arrived at the age of eighteen years, be held to serve 
any person as a servant, under pretence of indenture 
or otherwise, unless such person shall enter into such 
indenture while in a state of perfect freedom, and on 
condition of a bona Jide consideration, received or to 
be received for their service, except as before excepted.’ 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 12, nays 21. 

The yeas and nays being demanded, 

Those who voted in the affirmative aro, 

Messrs. Abbot, Bair, Caldwell, Dunlavy, Grubb, 
Kitchel, Morrow, Paul, Reily, Sargent, Smith and Wil¬ 
son. 

Those who voted in the negative are, 

Messrs. Abrams, Baldwin, Browne, Byrd, Carpen¬ 
ter, Cutler, Darlinton, Donalson, Gatch, Gilman, Go¬ 
forth, Humphrey, Huntington, Kirker, M’Intire, Mil¬ 
ligan, Putnam, Updegraff, Wells, Woods and Wor¬ 
thington. 

Another motion was then made further to amend the 
said section, by inserting after the word ‘ convicted,’ in 
the fourth line of the said section, the words following: 
‘nor shall there be either slavery or involuntary servi¬ 
tude, ever admitted in any state, to be erected on the 
north-west side of the river Ohio, within the limits of 
tho United States, except as above excepted.’ 

And on the question thereuponjut passed in the'neg- 
ative—yeas 2, nays 31. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Paul and Reily. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, 
Byrd, Caldwell, Carpenter, Cutler, Darlinton, Donal¬ 


son, Dunlavy, Gatch, Gilman, Goforth, Grubb, Hum¬ 
phrey, Huntington, Kirker, Kitchel, M’lntire, Milli¬ 
gan, Morrow, Putnam, Sargent, Smith, Updegraff, 
Wells, Wilson, Woods and Worthington. 

Another motion was then made further to amend 
the said article by striking out after the word ‘ and,’ in 
the ninth and tenth lines of the 3d section, the words 
following : ‘ no religious test shall be required as a 
qualification to any office of trust or profit,’ and to in¬ 
sert in lieu thereof the words, ‘ no person who denies 
the being of a God, or a future state of rewards and 
punishments, shall hold any office in .the civil depart¬ 
ment of this state.’ 

And on the question thereupon, it passed in the 
negative—yeas 3, nays 30. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Caldwell, Humphrey and Milligan. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, 
Byrd, Carpenter, Cutler, Darlinton, Donalson, Dunla¬ 
vy, Gatch, Gilman, Goforth, Grubb, Huntington, Kir¬ 
ker, Kitchel, M’Intire, Morrow, Paul, Putnam, Reily, 
Sargent, Smith, Updegraff, Wells, Wilson, Woods and 
Worthington. 

Another motion was then made, further to amend the 
said article by inserting a new section, between the 
twenty-second and twenty-third sections, in the words 
following : 

That the laying taxes by the poll is grievous and op¬ 
pressive ; therefore the Legislature shall never levy a 
poll tax for county or state purposes. 

On the question that the convention do agree to the 
same, it was resolved in the affirmative—yeas 26, 
nays 6. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, 
Byrd, Caldwell, Carpenter, Darlinton, Donalson, Dun¬ 
lavy, Goforth, Grubb, Huntington, Kirker, Kitchel, 
Milligan, Morrow, Paul, Sargent, Smith, Wells, Wil¬ 
son, Woods and Worthington. 

Those who voted in the negative are, 

Messrs. Gatch, Gilman, Humphrey, M’Intire, Put¬ 
nam, Reily and Updegraff. 

Another motion was made further to amend the said 
article, and debate arising thereon, an adjournment was 
called for. 

And then the convention adjourned until Monday 
morning, ten o’clock. 


MONDAY, Nov. 22d, 1802. 

The convention resumed the consideration of the 
amendments reported on the twelfth instant, from the 
committee of the whole convention, to the bill of rights, 
and the same being further amended was ordered to lie 
on the table. 

The convention proceeded to consider the amend¬ 
ments reported on the seventeenth instant, from the 
committee of the whole convention, to the third article 
of the constitution, on the judiciary ; whereupon, 

Ordered, That the said article be recommitted to a 
committee of the whole convention, to-morrow. 

The convention proceeded to consider the amend¬ 
ments reported on the sixteenth instant, from the com¬ 
mittee of the whole convention, to the fourth article of 
the constitution, designating the qualifications of elec¬ 
tors, and the same being read, were agreed to by the 
convention. 

A motion was then made further to amend the said 
article, at the Secretary’s table, by striking out, after 
the word “ all,” in the first line of" the first section, the 
word “ white.” 







THE NEW CONSTITUTION. 


107 


And on the question thereupon, it passed in the neg¬ 
ative—yeas 14, nays 19. 

The yeas and and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Browne, Cutler, Dunlavy, Gatch, Gilman, 
Goforth, Grubb, Kitchel, Paul, Putnam, Sargent, Up- 
degraff, Wells and Wilson. 

Those who voted in the negative are, 

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Car¬ 
penter, Darlinton, Doualson, Humphrey, Huntington, 
Kirker, M’Intire, Massie, Milligan, Morrow, Reily, 
Smith, Woods and Worthington. 

Another motion was then made further to amend 
the said section, by striking out after the word “elec¬ 
tion,” in the third line, the words following : and who 
have paid, or are charged with a state or county tax.” 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 8, nays 26. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Baldwin, Bair, Browne, Caldwell, Grubb, 
Milligan, Sargent and Worthington. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Byrd, Carpenter, Cutler, 
Darlinton, Donalson, Dunlavy, Gatch,Gilman, Goforth. 
Humphrey, Huntington, Kirker, Kitchel, M’lntire, 
Massie, Morrow, Paul, Putnam, Reily, Smith, Upde- 
graff, Wells, Wilson and Woods. 

Another motion was then made further to amend the 
said section, by adding tio the end of the section, a pro¬ 
viso, in the words followeng : 

Provided, that all mal t negroes and mulattoes, now 
residing in this territory shall be entitled to the right 
of suffrage, if they shall, within months, make a 

record of their citizenship. 

And on the question thereupon, it was resolved in 
the affirmative—yeas 19, nays 15. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Abbot, Byrd, Cutler, Darlinton, Dunlavy, 
Gatch, Gilman, Goforth. Grubb, Kitchel, Morrow, 
Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells 
and Wilson. 

Those who voted in the negative are, 

Messrs. Abrams, Baldwin, Bair, Browne, Caldwell, 
Carpenter, Donalson, Humphrey, Huntington, Kir¬ 
ker, M’lntire, Massie, Milligan, Woods and Worthing¬ 
ton. 

Another motion was then made further to amend the 
said section, by adding to the end of the section a pro¬ 
viso, in the words following : 

And provided, also, that the male descendants of such 
negroes and mulattoes as shall be recorded, shall be en-! 
titled to the same privilege. 

And on the question thereupon, is passed in the neg¬ 
ative—yeas 16, nays 17. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Browne, Byrd, Cutler, Darlinton, Dunlavy, 
Gilman, Goforth, Grubb, Kitchel, Morrow, Paul, Put¬ 
nam, Sargent, Updegraff, Wells and Wilson. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Baldwin, Bair, Caldwell, 
Carpenter, Donalson, Humphrey, Huntington, Kirker, 
M’lntire, Massie, Milligan, Reily, Smith, Woods and 
Worthington. 

The said article was further amended at the Secreta¬ 
ry’s table, and with the amendments, ordered to lie on 
the table. 

The convention proceeded to consider the amend¬ 
ments reported on the sixteenth instant, from the com- 
iiittee of the whole convention, to the fifth article of 
the constitution, declaring the manner in which mili-1 


tia officers shall be chosen or appointed, and the same 
being read, was agreed to by the convention. 

The said article was further amended at the Secreta¬ 
ry’s table, and, with the amendments, was ordered to 
lie on the table. 

The convention proceeded to consider the amend¬ 
ments reported on the twentieth instant, from the com¬ 
mittee of the whole convention, to the seventh article 
of tb rconstitution, comprehending the general regu¬ 
lations and provisions of the constitution, and thesame 
being read, some were agreed to and others disagreed to. 

A motion was then made, further to amend the said 
article at the Secretary’s table, by striking out, after 
the word “ that,” in the fifth line of the fifth section, 
these words, “ a majority,” and insert in lieu thereof, 
these words, “ two-thirds.” 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 1, nays 33. 

The yeas and nays being demanded, 

The vote in the affirmative was, 

Mr. Kirker. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, 
Byrd, Caldwell, Carpenter, Cutler, Darlinton, Donal¬ 
son, Dunlavy, Gatch, Gilman, Goforth, Grubb, Hum¬ 
phrey, Huntington, Kitchel, M’lntire, Massie, Milligan, 
Morrow, Paul, Putman, Reily, Sargent, Smith, Upde¬ 
graff, Wells, Wilson, Woods and Worthington. 

Another motion was then made, further to amend 
the said article by adding a new section, as the seventh 
section, in the words following : 

Sec. 7. No negro or mulatto shall ever be eligible 
to any office, civil or military, or give their oath in any 
court of justice, against a white person, be subject to 
do military duty, or pay a poll tax in this state ; Pro¬ 
vided also, and it is fully understood and declared, that 
all negroes and mulattoes, now in, or who hereafter 
may reside in this state, shall be entitled to all the priv¬ 
ileges of citizens of this state, not excepted by this con¬ 
stitution. 

And on the question thereupon, it was resolved in 
the affirmative— yeas 19, nays 16. 

The yeas and nays being demanded, 

Those who voted in the affirmative are, 

Messrs. Abrams,Baldwin, Bair, Byrd, Caldwell, Car¬ 
penter, Darlinton, Donalson, Grubb, Humphrey, Kir¬ 
ker, M’lntire, Massie, Milligan, Morrow, Smith, Tiffin 
Woods and Worthington. 

Those who voted in the negative are, 

Messrs. Abbot, Browne, Cutler, Dunlavy, Catch, 
Gilman, Goforth, Huntington, Kitchel, Paul, Putnam, 
Reily, Sargent, Updegraff, Wells and Wilson. 

The said article was further amended at the Secreta¬ 
ry’s table, and with the amendments, was ordered to 
lie on the table. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 


TUESDAY, Nov. 23d, 1802. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the third article of the constitution, on the ju¬ 
diciary, Mr. Baldwin in the chair, and after some time 
spent therein, Mr. President resumed the chair, and Mr. 
Baldwin reported, that the committee had according to 
order, had the said article under consideration, and 
made several amendments thereto, which he delivered 
in at the Secretary’s table ; Whereupon, 

Ordered, That the said article, with the amendments, 
do lie on the table. 

The convention proceeded to consider the amend¬ 
ments reported on the eighteenth instant, from the 
committee of the whole convention, to the schedule to 












108 


THE NEW CONSTITUTION. 


the constitution, and the same being read, were agreed 
to by the convention. 

A motion was made, further to amend the said arti¬ 
cle at the Secretary’s table, by striking out, after the 
word “and,” in the fourth line of the seventh section, 
the word “ eight,” and insert in lieu thereof, the word 
“ten.” 

And on the question thereupon, it was resolved in 
the affirmative—yeas 19, nays 14. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Browne, Byrd, Carpenter, Cutler, Donalson, 
Dunlavy, Goforth, Kirker, Kitchel, Massie, Morrow, 
Paul, Putnam, Reily, Smith, Wells, Wilson, Woods 
and Worthington. 

Those who voted in the negative are, 

Messrs. Abbot, Baldwin, Bair, Caldwell, Darlinton, 
Gatch, Gilman, Grubb, Humphrey, Huntington, Mc- 
Intire, Milligan, Sargent and Updegraff. 

Another motion was then made further to amend 
the said section, by striking out after the word “to,” 
in the third line of the said section, the word “ four,” 
and insert in lieu thereof, the word “ five.” 

And on the question thereupon, it was resolved in 
the affirmative—yeas 17, nays 16. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Browne, Byrd, Carpenter, Cutler, Donalson, 
Dunlavy, Goforth, Kitchel, Massie, Morrow, Paul, 
Reily, Smith, Wells, Wilson, Woods and Worthing¬ 
ton. 

Those who voted in the negative are, 

Messrs. Abbot, Baldwin, Bair, Caldwell, Darlinton, 
Gatch, Gilman, Grubb, Humphrey, Huntington, Kir¬ 
ker, M’Intire, Milligan, Putnam, Sargent and Upde¬ 
graff- 

The said section being still under consideration, in 
the words following : 

Sec. 7. Until the first enumeration shall be made, 
as directed in the second section of the first article of 
this constitution, the county of Hamilton shall be en- 
entitled to five senators and ten representatives; the 
county of Clermont one senator and two representa¬ 
tives ; the county of Adams, two senators and three 
representatives ; the county of Ross, two senators and 
five representatives; the county of Fairfield, one sen¬ 
ator and two representatives ; the county of Washing¬ 
ton, two senators and four representatives ; the countv 
of Belmont, one senator and two represenjatives ; the 
county of Jefferson, two senators and five representa¬ 
tives; the county of Trumbull, one senator and two 
representatives : Provided, that no new county shall be 
entitled to a separate representation, prior to the first 
enumeration. 

A motion was made to strike out the said section, 
and to insert in lieu thereof, a section in the words fol¬ 
lowing : 

Sec. 7. Until the first enumeration shall be made, 
as directed in the second section of the first article of 
this constitution, the county of Hamilton shall be enti¬ 
tled to three senators and six re resentatives ; the 
county of Clermont, one senator and one representa¬ 
tive ; the county of Adams, one senator and three rep¬ 
resentatives ; the county of Ross, two senators and 
four representatives ; the county of Fairfield, one sen¬ 
ator and one representative ; the county of Washing¬ 
ton, one senator and three representatives ; the coun¬ 
ty of Belmont, one senator and one representative ; 
the county of Jefferson, one senator and three repre¬ 
sentatives ; the county of Trumbull, one senator ani 
two representatives : Provided, no now county shall be 
entitled to a separate rspresentation, prior to the first 
enumeration. 


And on the question thereupon, it passed in the neg¬ 
ative—yeas 10, nays 23. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Abbot, Browne, Darlinton, Donalson, Gatch, 
Huntington, Kirker, Kitchel, Massie and Morrow. 

Those who voted in the negative are, 

Messrs. Baldwin, Bair, Byrd, Caldwell, Carpenter, 
Cutler, Dunlavy, Gilman, Goforth, Grubb, Humphrey, 
M’Intire, Milligan, Paul, Putnam, Reily, Sargent, 
Smith, Updegraff, Wells, Wilson, Woods and Wor¬ 
thington. 

Another motion was then made further to amend the 
said section, by striking out after the word “to,” in 
the third line, the word “five,” and insert in lieu there¬ 
of, the word “ four.” 

And on the question thereupon, it was resolved in 
the affirmative—yeas 26, nays 7. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs. Abbot, Baldwin, Bair, Browne, Caldwell, 
Carpenter, Cutler, Darlinton, Donalson, Dunlavy, 
Gatch, Gilman, Grubb, Humphrey, Huntington, Kir¬ 
ker, M’Intire, Massie, Milligan. Putnam, Sargent, Up¬ 
degraff, Wells, Wilson, Woods and Worthington. 

Those who voted in the negative are, 

Messrs. Byrd, Goforth, Kitchel, Morrow, Paul, Rei¬ 
ly and Smith. 

Another motion was then made that the convention 
do receive the said section, with the amendments last 
aforesaid. 

And on the question thereupon, it was resolved in 
the affirmative—yeas 21, nays 12. 

The yeas and nays being demanded, those who voted 
in the affirmative are, 

Messrs Baldwin, Bair, Caldwell. Carpenter, Cutler, 
Gatch, Gilman, Grubb, Huntington, Kirker, M’Intire, 
Massie, Milligan, Putnam, Sargent, Smith, Updegraff, 
Wells, Wilson, Woods and Worthington. 

Those who voted in the negative are, 

Messrs. Abbot, Browne, Byrd, Darlinton, Donalson, 
Dunlavy, Goforth, Humphrey, Kitchel, Morrow, Paul 
and Reily. 

The said article was further amended at the Secreta¬ 
ry’s table, and with the amendments, was ordered to lie 
on the table. 

And then the convention adjourned until to-morrow 
morning, eleven o’clock. 


WEDNESDAY, Nov. 24th, 1802. 
Mr Gatch, from the committee to whom was refer¬ 
red the propositions made by Congress to the conven¬ 
tion, for their acceptance or rejection, made a report, 
which was received and read the first time: Where¬ 
upon, 

Resolved, That the convention will immediately re¬ 
solve itself into a committee of the whole convention, 
on the said report. 

The convention accordingly resolved itself into the 
said committee, Mr. Goforth in the chair, and after 
some time spent therein, Mr. President resumed the 
chair, and Mr. Goforth reported, that the committee had, 
according to order, had the said report under considera¬ 
tion and made some progress therein: Whereupon, 

Resolved, That the convention will to-day, again re¬ 
solve itself into a committee of the whole convention, 
on the said report. 

And then the convention adjourned until three 
o’clock, P. M. 

The convention met at three o’clock, P. M. 

The convention, according to the order of the day, 
again resolved itself into a committee of the whole con¬ 
vention, on the report of the committee to whom was 







THE NEW CONSTITUTION. 


109 


referred the propositions made by Congress to the con¬ 
vention, for their acceptance or rejection, Mr- Browne 
in the chair, and after some time spent therein, Mr. 
President resumed the chair, and Mr. Browne reported 
that the committee had, according to order, again had 
the said report under consideration, and had directed 
him to report their disagreement to the same. 

Ordered, That the said report do lie on the table. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 

THURSDAY, Nov. 25, 1802. 

The convention proceeded to consider the amend¬ 
ments reported on Tuesday last, from the committee 
of the whole convention, to the third article of the 
constitution, on the Judiciary: Whereupon, 

Ordered, That the said article be recommitted to a 
committee of the whole convention immediately. 

The convention accordingly resolved itself into the 
said committee, Mr. Byrd in the chair, and after some 
time spent therein, Mr. President resumed the chair, and 
Mr Byrd reported that the committee had, according to 
order, had the said article under consideration and made 
several amendments thereto, which he delivered in at 
the Secretary’s table. 

Ordered, That the said article, with the amendments, 
do lie on the table. 

On motion, The first article of the constitution was 
taken up and read the third time, in order for its final 
passage. 

A motion was made to strike out in the 19th* sec¬ 
tion, the words following: “The Legislature of this 
state shall not allow the following officers of govern¬ 
ment greater annual salaries than as follows, until the 
year one thousand eight hundred and eight, to wit :— 
the Governor, not more than one thousand dollars; the 
Judges of the supreme court, not more than one thou¬ 
sand dollars each ; the Presidents of the courts of com¬ 
mon pleas, not more than eight hundred dollars each ; 
the Secretary of State, not more than five hundred dol 
lars ; the Auditor of public accounts, not more than 
seven hundred and fifty dollars ; the Treasurer, not 
more than four hundred and fifty dollars. 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 11, nays 21. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messrs. Baldwin, Byrd, Cutler, Gilman, Goforth, 
M’Intire, Massie, Putnam, Smith, Wells and Woods. 

Those who voted in the negative, are 

Messrs. Abbot, Bair, Browne, Caldwell, Darlinton, 
Donalson. Dunlavy, Gatch, Grubb, Humphrey, Hun 
tington, Kirker, Kitchel, Miligan, Morrow, Paul, Rei- 
ly, Sargent, Updegraff, Wilson and Worthington. 

The said article was further amended at the Secreta¬ 
ry’s table, and on the question that the convention do 
receive the said article as amended, it was resolved in 
the affirmative. 

On motion, The second article of tho constitution, 
on the supreme executive authority, was taken up and 
read the third time, in order for its final passage, and 
on the question, that the convention do receive the said 
article, it was resolved in the affirmative. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 

_ 

FRIDAY, November 2G, 1802. 

On motion, Ordered, That a committee of five be ap¬ 
pointed to prepare an address to the President of the 
United States and both branches of the Federal Legis- 
lrture, expressive of the high sense this convention en¬ 
tertain of the cheerful and philanthropic manner in 
which they made provision for the admission of this 
state into the Union, and expressive of their approba¬ 


tion of the present administration of the general gov¬ 
ernment. 

And a committee was appointed of Mr. Goforth, Mr. 
Byrd, Mr. Massie, Mr. Huntington, and Mr. Baldwin. 

On motion, The fourth article of the constitution, 
designating the qualifications of electors, was taken up 
and read the third time, in order for its final passage. 

A motion was made to amend the said article, by strik¬ 
ing out after the word “election,” in the seventh line 
of the first section, the words following : “Provided, 
That all male negroes and mulattoes now residing in 
this territory, shall, at the age of twenty-one years, be 
entitled to the right of suffrage, if they shall, within 
one year, make a record of their cisizenship with the 
clerk of the county in which they may reside ; and, 
provided, also, that they have paid or are charged with 
a state or county tax.” 

And on the questiou thereupon, it was resolved in 
the affirmative—yeas 27, nays 17. 

The convention being equally divided, and Mr. Pres¬ 
ident declaring himshlf with the yeas. 

The yeas and nays being demanded, were as follows: 

Yeas —Messrs. Abrams, Baldwin, Bair, Caldwell, 
Carpenter,Darlington, Grubb, Humphrey, Huntington, 
Kirker, M’Intire, Massie, Milligan, Smith, Woods and 
Worthington. 

Nays —Messrs. Abbot, Browne, Byrd, Cutler, Dun¬ 
lavy, Gatch, Gilman, Goforth, Kitchel, Morrow, Paul, 
Putnam, Reily, Sargent, Updegraff, Wells and Wilson. 

Another motion was then made, further to amend the 
said article, by striking out the fifth section, which 
follows, in these words, to wit: 

“Sec. 5. Nothing contained in this article shall be 
so construed as to prevent white male persons, above 
the age of twenty-nine years,who are compelled to la¬ 
bor on the roads of their respective townships or coun¬ 
ties, and who have resided one year in the state, from 
having the right of an elector.” 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 13, nays 21. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messrs. Abbot, Cutler, Gilman, Goforth; Hunting- 
ton, Kirker, M’Intire, Massie, Putnam, Reily, Upde¬ 
graff, Wells and Woods. 

Those who voted in the negative, are 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Cald¬ 
well, Carpenter, Darlinton, Donalson, Dunlavy, Gatch, 
Grubb, Humphrey, Kitchel, Milligan, Morrow, Paul, 
Sargent, Smith, Wilson and Worthington. 

On motion, that the convention do receive the said 
article as amended, it was resolved in the affirmative. 

The convention proceeded to consider the amend¬ 
ments reported on yesterday,from the committee of the 
whole convention, to the third article of the constitu¬ 
tion, on the judiciary, and the same being read, were 
agreed to by the convention. 

The said article was further amended at the secreta¬ 
ry’s table, and, with the amendments, was ordered to 
lie on the table. 

On motion, the fifth article of the constitution, de¬ 
claring the manner in which militia officers are to be 
chosen or appointed, was taken up and read the third 
time, in orderfor its final passage. 

And on the question that the convention do receive 
the said article, it was resolved in the affirmative. 

On motion, the sixth article of the constitution, de¬ 
signating the manner in which sheriffs, coroners, and 
certain other civil officers are chosen or appointed, was 
then taken up and read the third time, in order for its 
final passage. 

And on the question that the convention do receive 
the said article, it was resolved in the affirmative. 

On motion, the seventh article of the constitution, 






110 


THE NEW CONSTITUTION. 


comprehending the general regulations and provisions 
of the constitution, was taken up and read the third 
time, in order for its final passage. 

A motion was then made to amend the said article 
at the secretary’s table, by striking out after the word 
“contents,” in the fifth line of the third section, the 
words following : “No new county shall be establish¬ 
ed by the legislature, which is not entitled by its num¬ 
bers to a representative.” 

And on the question thereupon, it was resolved in 
the affirmative—yeas 22, nays 12. 

The yeas and nays being demanded, those who voted 
in the affirmative are 

Messrs. Abbot, Abrams, Bair, Browne, Carpenter, 
Darlinton, Donalson, Dunlavy, Gatch, Grubb, Hum¬ 
phrey, Huntington, Kirker, Kitchel M’Intire, Paul, 
Putnam, Reily, Updegraff, Wilson, Woods and Wor¬ 
thington. 

Those who voted in the negative are 

Messrs. Baldwin, Byrd, Caldwell, Cutler, Gilman, 
Goforth, Massie, Milligan, Morrow, Sargent, Smith and 
Wells. 

Another motion was then made further to amend the 
said section by striking out after the word “than,” in 
the fourth line, the word “four,” and insert in lieu 
thereof the word “five.” 

And on the question thereupon, it passed in the ne¬ 
gative—yeas 11, nays 23. 

The yeas and nays being demanded, those who voted 
in the affirmative are 

Messrs. Abbot,Caldwell, Cutler, Gilman, M’Intire, 
Massie, Putnam, Reiley, Sargent, Smith and Wells. 

Those who voted in the negative are 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Car¬ 
penter, Darlinton, Donaldson, Dunlavy, Gatch, Go¬ 
forth, Grubb, Humphrey, Huntington, Kirker, Kitchel, 
Milligan, Morrow, Paul, Wilson, Woods and Worth¬ 
ington. 

Anothermotion was then made, further to amend the 
said article by striking out after the word “that,” in 
the first line of the fifth section, these words, “after 
the year one thousand eight hundred and six.” 

And on the question thereupon, it passed in the ne¬ 
gative—yeas 12, nays 21. 

The yeas and nays being demanded, those who voted 
in the affirmative are 

Messrs. Abbot, Abrams,Cutler, Gilman, Huntington, 
M’lntire, Paul, Putnam, Reiley, Updegraff, W r ells and 
Woods. 

Those who voted in the negative are 

Messrs. Baldwin, Browne, Byrd, Caldwell, Carpen¬ 
ter, Darlinton, Donalson, Dunlavy, Gatch, Goforth, 
Grubb, Humphrey, Kirker, Kitchell, Massie, Milligan, 
Morrow, Sargent, Smith, Wilson and Worthington. 

Another motion was then made further to amend the 
said article by striking out the seventh section in the 
words following : 

Sec. 7. But no negro or mulatto shall ever be eligi¬ 
ble to any office, civil or military, or give their oath in 
any court of justice against a white person, be subject 
to do military duty, or pay a poll tax in this state ; 
provided always, and it is fully understood and declar¬ 
ed, that all negroes and inulattoes now in, or who may 
hereafter reside in this state, shall be entitled to all the 
privileges of citizens of this state, not excepted by this 
constitution. 

And on the question thereupon, it was resolved in 
the affirmative—yeas 17, nays 16. 

The yeas and nays being demanded, those who voted 
in the affirmative are 

Messrs. Abbot, Browne, Cutler, Dunlavy, Gatch, 
Gilman, Goforth, Huntington, Kitchel, Milligan, Paul, 
Putnam, Reiley, Sargent, Updegraff, Wells and Wilson. 

Those who voted in the negative are 


Messrs. Abrams, Baldwin, Bair, Byrd,i Caldwell, 
Carpenter, Darliuton, Donalson, Grubb, Humphrey, 
Kirker, Massie, Morrow, Smith, Woods and Worth¬ 
ington. 

A motion was made and seconded to amend the said 
article by adding a new section, as the seventh section, 
in the words following : 

Sec. 7. No negro or mulatto shall ever be eligible 
to any office, civil or military, or be subject to do mili¬ 
tary duty. 

The previous question was called for by three mem¬ 
bers, to wit : “Shall the main question to receive the 
said section be now put ?” 

And on the previous question, shall the main ques¬ 
tion be now put ? it was resolved in the negative. 

The said article was further amended at the Secre¬ 
tary’s table. 

And on the question being put, that the convention 
do receive the said article, as amended, it was resolved 
in the affirmative 

On motion, The eight article of the constitution 
was taken up and read the third time, in order for its 
final passage. 

A motion was made to amend the said article, by.in¬ 
serting after the word “indenture,” in the tenth line of 
the second section, these words, “of any negro or mu¬ 
latto.” 

And on the question thereupon, it was resolved in 
the affirmative—yeas 20, nays 13. 

The yeas and nays being demanded, those who vot¬ 
ed in the affirmative, are 

Messrs. Abbot, Browne, Byrd, Caldwell, Carpenter, 
Darlinton, Gatch, Gilman, Goforth, Humphrey, Hunt¬ 
ington, Kirker, Kitchel, Massie, Morrow, Putnam, 
Smith, Updegraff, Wells and Worthington. 

Those who voted in the negative, are 

Messrs. Abrams, Baldwin, Bair, Donaldson, Dunla¬ 
vy, Grubb, M’lntire, Milligan, Paul, Reily, Sargent, 
Wilson and Woods. 

Another motion was then made, further to amend 
the said article, by striking out after the word “wor¬ 
ship,” in the eighth and ninth lines, the words “and 
no religious test shall be required as a qualification to 
any office of trust or profit.” 

And on the question thereupon, it passed in the ne¬ 
gative—yeas 6, nays 28. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messrs. Caldwell, Cutler, Gilman, Plumphrey, Mor¬ 
row and Putnam. 

Those who voted in the negative, are 

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, 
Byrd, Carpenter, Darlinton, Donalson, Dunlavy, Gatch, 
Goforth, Grubb, Huntington, Kirker, Kitchel, M’In¬ 
tire, Massie, Milligan, Paul, Reily, Sargent, Smith, Up¬ 
degraff, Wells, Wilson, Woods and Worthington. 

The said article was further amended at the Secreta¬ 
ry’s table. 

And on the question that the convention do receive 
the said article as amended, 

It was resolved in the affirmative. 

On motion, The schedule to the constitution was 
taken up and read the third time, in order for its final 
passage. 

The said schedule was further amended at the Sec¬ 
retary’s table. 

And on the question that the convention do receive 
the said schedule as amended, 

It was resolved in the affirmative. 

And then the convention adjourned until to-morrow 
morning, ten o’clock. 


SATURDAY, Nov. 27th, 1802. 
Mr. Goforth, from the committee appointed to pre- 






THE NEW CONSTITUTION. 


Ill 


pare an address to the President of the United States, 
and both branches of the Federal Legislature, express¬ 
ive of the high sense the convention entertain of the 
cheerful and philanthropic manner in which they made 
provision for the admission of this State into the Un¬ 
ion; and expressive of their approbation of the present 
administration of the general government, made a re¬ 
port which was received and read the first time. 

On motion, the said report was read the second time, 
and on the question thereupon, agreed to by the Con¬ 
vention, in the words following: 

To the President and both 

Houses of Congress of the United States: 

The Convention of the State of Ohio, duly apprecia¬ 
ting the importance of a free and independent State 
government, and impressed with sentiments of grati¬ 
tude to the Congress of the United States, for the 
prompt and decisive measures taken at their last ses¬ 
sion, to enable the people of the north-western territo¬ 
ry to emerge from their collonial government, and to 
assume a rank among the sister States, beg leave to 
take the earliest opportunity of announcing to you 
this important event; on this occasion the convention 
ca. not help expressing their unequivocal approbation 
of the measures pursued by the present administra¬ 
tion of the general government, and both houses of 
Congress, in diminishing the public burthens, cultiva¬ 
ting peace with all nations, and promoting the happi¬ 
ness and prosperity of our country. 

Resolved, That the President of this convention, do 
inclose to the President of the United States, to the 
President of the Senate, and to the Speaker of the 
House of Representatives of the United States, the fore¬ 
going address. 

On motion. The third article of the constitution was 
taken up and read the third time, in order for its final 
passage. 

A motion was made, further to amend the said arti¬ 
cle, at the Secretary’s table by striking out after the 
word '‘himself,” in the eighth line of the ninth section, 
the words following: “They shall be removeable for 
breach of good behavior, at any time, by the judges of 
the respective courts.” 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 13, nays 20. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messrs. Browne, Caldwell, Darlinton, Donalson, Dun- 
lavy, Grubb, Milligan, Morrow, Paul, Reily, Smith, 
Wilson and Worthington. 

Those who voted in the negative, are 

Messrs. Abbot, Abrams, Baldwin, Byrd, Carpenter, 
Cutler, Gatch, Gilman, Goforth, Humphrey, Hunting- 
ton, Kirker, Kitchel, M’lntire, Massie, Putnam, Sar¬ 
gent, Updegraff, Wells and Woods. 

The said article was further amended at the Secreta¬ 
ry’s table. 

And on question, that the convention do receive the 
said article as amended, it was resolved in the affirma¬ 
tive. 

On motion, ordered, that the constitution now fram¬ 
ed, be engrossed. 

On motion the report of the committee of the whole 
convention, on Thursday last, on their disagreement to 
the report of the select committee, to whom was refer¬ 
red the propositions made by Congress to the conven¬ 
tion for their acceptance or rejection, was taken up and 
read: Whereupon, 

Ordered, That the sad report be committed to Mr. 
Putnam, Mr. Smith, Mr. Huntington, Mr. Massie and 
Mr. Wells, who are to report their opinion thereon. 

Mr. Putnam, from the committee to whom was re¬ 
committed the propositions made by Congress to the 


convention, for their acceptance or rejection, made a 
report, which was received and read the first lime: 
Whereupon, 

Ordered, That the said report be committed to a com¬ 
mittee of the whole convention, on Monday next. 

And then the convention adjourned until Monday 
morning, nine o’clock. 

MONDAY, Nov. 29, 1802. 

The convention, according to the order of the day, 
resolved itself into a committee of the whole conven¬ 
tion, on the report of the select committee, to whom 
was recommitted the propositions made by Congress 
to the convention, for their acceptance or rejection, 
Mr. Wells in the chair, and after some time spent 
therein, Mr. President resumed the chair, and Mr. 
Wells reported that the committee of the whole conven¬ 
tion had, according to order, had under their considera¬ 
tion, the said report and made several amendments 
thereto, which he delivered in at the Secretary’s table. 

The convention proceeded to consider the said amend¬ 
ments, and the same being read, some were agreed to 
and others disagreed to. 

The preamble to the said report being under consid¬ 
eration, in the words following: 

“We, the representatives of the people of the eastern 
division of the territory north-west of the river Ohio, 
being assembled in convention, pursuant to an act of 
Congress, entitled ‘an act to enable the people of the 
eastern division of the territory north-west of the river 
Ohio, to form a constitution and State government, 
and for the admission of such State into the Union, on 
an equal footing with the original States, and for other 
purposes,’ and having had under consideration the pro¬ 
positions offered by said act, for our free acceptance or 
rejection, do resolve to accept of the said propositions 
provided the following addition to, and modification of 
the said propositions, shall be agreed to by the Con¬ 
gress of the United States, viz: 

A motion was made and seconded to strike out the 
proviso to the said preamble, in the words following: 
Provided the following addition to, and modification 
of the said propositions, shall be agreed to by the Con¬ 
gress of the L T nited States, viz: 

The previous question was called for by three of the 
members to wit: 

Shall the main question to strike out the proviso be 
now put. 

And on the previous question, shall the main ques¬ 
tion be now put, it was resolved in the negative—yeas 
11, nays 22. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlin¬ 
ton, Donalson, Gatch, Grubb, Kirker, Massie and Sar¬ 
gent. 

Those who voted in the negative are, 

Messrs. Abbot, Abrams, Bair, Browne, Cutler,Dun- 
lavy, Gilman, Goforth, Humphrey, Huntington, Kitch¬ 
el, M’lntire, Milligan, Morrow, Paul, Putnam, Reily, 
Smith, Updegraff, Wells, Wilson and Woods. 

On motion, ordered, That a committee be appointed 
to prepare and report a resolution for ascertaining the 
fees of the officers of the convention, and that Mr. 
Reily, Mr. Browne, and Mr. Goforth, be the said com¬ 
mittee. 

On motion, ordered, That a committee be appointed 
to prepare and report a resolution on the subject of dis¬ 
tributing the journals and constitution in the several 
counties, and that Mr. Dunlavy, Mr. Paul and Mr. Bair, 
be the said committee. 

Mr. Reily, from the committee appointed to prepare 
and report a resolution for ascertaining the fees of the 





112 


THE NEW CONSTITUTION. 


officers of the convention, made a report, which was re¬ 
ceived and read the first time and agreed to by the con¬ 
vention in tiie words following, to wit: 

Resolved, That there be allowed to the Secretary of 
this convention, the sum of three dollars per day; to 
the assistant Secretary, the sum of three dollars per 
day; and to the door keeper, the sum of one dollar 
and fifty cents per day, for their services respec¬ 
tively, during their attendance on the convention. 

Mr. Dunlavy, from the committee appointed to pre¬ 
pare and report a resolution on the subject of distribu¬ 
ting the journals of the convention and the constitution, 
made a report which was received and read the first 
time, and agreed to by the convention in the words 
following: 

Resolved, That the following number of copies of the 
journal of the convention and of the constitution of the 
State of Ohio, be sent by the printer, to be put in the 
possession of the members of this convention, to be dis¬ 
tributed by them for the information of the people in 
their “espective counties, to wit: 

To the county of Adams, sixty copies of the journal 
and eighty-eight copies of the constitution, to be sent to 
Israel Donalson. To the county of Belmont, forty co¬ 
pies of the journal and sixty copies of the constitution, 
to be sent to James Caldwell, at St. Clairsville. To 
the county of Clermont, forty copies of the journal 
and sixty copies of the constitution to be sent to Roger 
Warren. To the county of Fairfield, forty copies of j 
the journal and sixty copies of the constitution, to be * 
sent to Emanuel Carpenter. To the county of Hamil-! 
ton, two hundred copies of the journal and two hun¬ 
dred and eighty copies of the constitution, to be sent to 
John Reily. To the county of Jefferson, one hundred 
copies of the journal, and one hundred and forty copies 
of the constitution, to be sent to John Ward. To the 
county of Ross, one hundred copies of journal and one 
hundred and forty copies of the constitution, to be sent 
to Edward Tiffin. To the county of Trumbull, forty 
copies of the journal and sixty copies of the constitu¬ 
tion, to be sent to Calvin Pease. To the county of 
Washington, eighty copies of the journal, and one hun¬ 
dred and twelve copies of the constitution, to be sent 
to Benjamin Ives Gilman. 

On motion, 

Resolved, That the Secretary of the convention be 
authorized to deliver the engrossed constitution to the 
President, to be by him kept until a Secretary of State 
shall be elected and duly qualified; after which it shall 
be the duty of the President, to deliver the said constitu¬ 
tion to the Secretary of State, to be by him filed in his 
office. 

On motion, 

Resolved, That the constitution be ratified by the 
convention. 

And thereupon, the following members ratified and 
subscribed their names to the constitution, to wit: 

EDWARD TIFFIN, President, 

And Representative from the county of Ross. 

From Adams county —Joseph Darlinton, Israel Don¬ 
alson and Thomas Kirker. 

From Belmont county —James Caldwell and Elijah 
Woods. 

From Clermont county —Philip Gatch and James Sar¬ 
gent. 

From Fairfield county —Henry Abrams and Emanuel 
Carpenter. 

From Hamilton county —John W. Browne, Charles 
Willing Byrd, Francis Dunlavy, William Goforth, 
John Kitchel, Jeremiah Morrow, John Paul, John Rei¬ 
ly, John Smith and John Wilson. 

From Jefferson county —Rudolph Bair, George Hum¬ 
phrey, John Milligan, Nathan Updegraff and Bazaleel 
Wells. 


From Ross county —Michael Baldwin, James Grubb, 
Nathaniel Massie and T. Worthington. 

From Trumbull county —David Abbot and Samuel 
Huntington. 

From Washington county —Ephraim Cutler, Benja¬ 
min Ives Gilman, John M’Intireand Rufus Putnam. 

A motion was made and seconded, that the conven¬ 
tion adjourn until the-Tuesday of March next. 

And on the question thereupon, it passed in the neg¬ 
ative—yeas 8, nays 24. 

The yeas and nays being demanded, those who voted 
in the affirmative, are 

Messis. Abbot, Abrams, Bair, Browne, Humphrey, 
Huntington, Putnam and Smith. 

Those who voted in the negative, are 

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Cutler, 
Darlinton, Donalson, Dunlavy,Gatch,Gilman, Goforth, 
Grubb, Kirker, Kitchel, M’lntire, Massie, Milligan, 
Morrow, Paul, Reily, Sargent, Updegraff, Wells and 
Wilson. 

And then the convention adjourned sine die. 

Attest 

THOMAS SCOTT, Secretary. 


The British Colonies. —The North American pos¬ 
sessions of Great Britain, which include Canada, Nova 
Scotia, Prince Edward’s Island, New Brunswick, New¬ 
foundland and Burmuda, entailed a total expense, for 
the five years ending the 31st of March, 1847, of £2,- 
646,094 for the pay of troops and commissariat expen¬ 
ses; the West Indian possessions entailed during the 
same period, acost of £1,779,337 for the same purposes; 
Mediterranean and African possessions, including Gib¬ 
raltar, Malta, the Ionian Islands, the Capecolony. Sier¬ 
ra Leone, Gambia, the settlements on the Gold Coast, 
and St. Helena, entailed an expenseof £3,170,988; and 
the Australian and miscellaneous possessions an ex¬ 
pense of £5,052,935. It follows that the colonial 
empire ofGreatBritain entailedupon themother country 
for the five years ended the 31stof March,1847, a gross 
total cost of £9,743,354 solely for the pay of Her' 
Majesty’s troops and for commissariat expenses ,being 
on an average nearly £2,000,000 per annum. 


AN ACT 

To amend the act to authorize and require the recording 
of the official bonds of certain public officers. 

Sec. 1. Be it enacted by the General Assembly of the 
Slate of Ohio, That the provisions of the act entitled an 
act to authorize and require the recording of the official 
bonds of certain public officers, passed January nine¬ 
teenth, one thousand eight hundred and forty three, be, 
and the same is hereby extended and made applicable to 
the bonds of executors, administrators, and guardians. 

JOHN G. BRESLIN. 
Speaker of the House of Representatives. 

BREWSTER RANDALL, 
Speaker of the Senate. 

March. 13, 1849. 


THE NEW CONSTITUTION. 

BY S. MED ARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ *• “ 10 00 

HE All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

O’ Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 














“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Vol. I. 


Columbus, Ohio, Saturday, June 23, 1849. 


No. 8. 


Postage. —The postage on this work is the same as 
on a newspaper. 

Our Correspondents. 

We surrender our columns to-day, almost wholly to 
our correspondents, whose favors are thankfully re¬ 
ceived. Some of them make their first appearance on 
the subject of constitutional reform in the present No. 
of our New Constitution. 

The different subjects are handled with ability, and 
though some of their views clash with our own, yet as 
this is the era of free discussion, and our paper devoted 
to the free discussion of principles, all have a chance of 
being heard. It is only by such means that the people 
can arrive at proper conclusions. 

Revision of the State Constitution. 

O" Mr. Vallandigham, the able editor of the Dayton 
Empire, agreeably to our request, has sent us the com¬ 
munication written hy him, and published in the Ohio 
Patriot, of 1841. The communications signed “A 
Democrat,” and referred to by him as published in the 
“ Ohio Statesman ” of last year, it will be recollected 
were from the pen of the late Gen. ThomasL. Hamar. 
We lay the first of Mr. Vallandigham’s communica¬ 
tions before our readers to-day, and will publish the sec¬ 
ond in our next number. They will be found exceed¬ 
ingly well written, and are worthy of a careful perusal. 

The Constitutional Reform Laws of Penn¬ 
sylvania. 

On another page will be found the law allowing the 
people of Pennsylvania to vote for or against the call¬ 
ing of a convention to amend their constitution, passed 
April 14, 1835, together with a statement of the vote 
thereon, and the law subsequently passed, calling the 
convention. Asa part of the history of constitutional 
reform, these laws will be found interesting and wor¬ 
thy of preservation. 

An energetic movement is in progress in Great Bri¬ 
tain, for the accomplishment of this object. One of 
the means adopted for keeping before the government 
public sentiment on the subject, is a handsomely en¬ 
graved envelop, with the emblems of—Peace, com¬ 
merce, railways, canals—with mail steamers traversing 

the sea_the whole surrounded with the inscription— 

“Britains, from thee the world expects an ocean penny 
postage, to make her children one fraternity.” 


Debts of the State— Prohibition of its 
increase without the assent of the 
People. 

Among the reforms proposed to be rdopted, when the 
people shall have decided in favor of calling a conven¬ 
tion to remodel the present state constitution, that in 
relation to the creation of state debts, possesses an in¬ 
terest inferior to none other. 

Ohio is now encumbered with a debt of near 
twenty millions of dollars. Though the payment 
of the semi-annual interest had to be provided for 
by taxation, it has been promptly met, and never for 
one single day has Ohio failed regularly to meet her en¬ 
gagements. Her good faith has been kept, and that too, 
in periods of trial and of difficulty and this fact is 
known and acknowledged. 

The framers of the present constitution never sup¬ 
posed Ohio would take rank as among the first of the 
states of this Confederacy, and that her people, within 
the first half century of her existence, would be en¬ 
cumbered with, and by taxation have to pay, so heavy 
a state indebtedness, and hence no provision was in¬ 
serted in the constitution, to restrain the Legislature 
from running the state in debt. 

The Legislature of Ohio, under the practice which 
has grown up since 1825, when the first debt was 
created, has the right to order the sale of state bonds 
and thus to plunge the state deeper in debt. The 
last Legislature, had the members been so disposed, or 
the next Legislature may, increase the debt, and with 
it the taxes of the people, to double its present amount. 
They who have to foot the bill may, indeed, punish 
the members who so voted, by’denying them a re-elec¬ 
tion, but further than this they have no power to go.— 
When a debt is once contracted by the state, and its 
bonds, which pledge the faith and resources of the state 
for the repayment of the money, then no power but 
repudiation can be of avail, and that is an idea but few, 
if any of our citizens would ever seriously entertain 
of resorting to, however heavy the burden of taxation, 
for it would be a punishment of the innocent to spite 
the guilty. 

The Legislature of the state of Michigan, during 
the times when the spirit of speculation and the mania 
for internal improvements took away the sober senses 
of men, entailed a heavy state debt upon) that then in¬ 
fant state. Canals were to be dug through regions 
where scarce the smoke of a settler’s cabin was to be 
seen, and railroads were planned and commenced 































Ill 


THE NEW CONSTITUTION. 


through boundless forests and over vast prairies, where 
scarce a tree was cut, or a furrow broken. Tlie defy 
weighed heavy upon the new state, and after the ex¬ 
citement of the moment passed away, and tht famed 
Clinton and Kalamazoo canal was abandoned for want 
of funds, and the other works of internal improvement 
stopped, hopes were entertained that the’debt of the 
state had reached its highest point. But they who 
thus supposed, reckoned without their host. Although 
the bonds of the state were below par, they were sunk 
still lower by the Legislature, who ordered them to be 
sold, that more money might be raised to be squan¬ 
dered. Fortunately for the people of the state, and 
still more fortunate for the sake of the good name of 
state itself, the framers of the constitution provided 
within the instrument for a change of its provis¬ 
ions. The amendments proposed are to be reduced to 
writing, and to pass each branch of the Legislature by 
a two-thirds vote, and then to be referred to the next 
Legislature, when, if concurred in by a recorded vote 
of two-thirds of the members elected, in each branch, 
then they are to be submitted to the people, for appro¬ 
val or rejection If approved, then the amendments 
become, by virtue of the voice of the people, a part of 
the constitution. 

Feeling that their state was on the verge of bank¬ 
ruptcy, having already failed to pay the interest for 
loans contracted at a ruinous discount, the people of 
Michigan demanded a change of their constitution. 

The following amendment to the constitution of the 
state was submitted to the Legislature of 1842 and 
passed both branches, and at the next session again 
received the constitutional vote and was submitted to 
the people for approval or rejection, by jointresolution, 
approved March 9,1843, and ratified by a large majori¬ 
ty of the people at the election in November of the 
same year : 

“ That the constitution of this state be so amended, 
that every law authorizing the borrowing of money or 
the issuing of state stocks, whereby a debt shall be 
created on the credit of the state, shall specify the ob¬ 
ject for which the money shall be appropriated ; and 
that every such law shall embrace no more than one 
such object, which shall be simply and specifically sta¬ 
ted, and that no such law shall take effect until it shall 
be submitted to the people at the next general election, 
and be approved by a majority of the votes cast for and 
against it at such election ; that all money to be raised 
by the authority of such law be applied to the specific 
object stated in such law, and to no other purpose, ex¬ 
cept the payment of such debt thereby created. This 
provision shall not extend or apply to any law to raise 
money for defraying the actual expenses of the Legis¬ 
lature, the judicial and state officers, for suppressing in¬ 
surrection, repelling invasion, or defending the state in 
time of war.” 

This constitutional prohibition of borrowing money, 
unless first acquiesced in by the people, at the ballot 
boxes, had all the good effect the most sanguiue friends 
of the state anticipated. The credit of the state was 
restored, the interest provided for, and more than one- 
half of the principal of the state debt has since been 


paid, and the remainder of the state indebtedness put 
in a train of liquidation. 

In forming a new constitution for Ohio, the conven¬ 
tion can profit by the experience of other states. Mich¬ 
igan, in the amendment to her constitution which we 
have quoted, has set an example which Ohio can fol¬ 
low with profit. 

The Legislature, with the present constitution, has 
the power of running the state in debt, but it is the 
people who have to foot the bill—money is collected 
from them to pay the interest, and ultimately by taxa¬ 
tion the principal will have to be paid. Why then 
should not those most interested have the right to judge 
of the expediency of new loans? 

In a republican government, such as we boast of, the 
people hold, or should hold the sovereign power. Our 
government is not a pure democracy, for with our ex¬ 
tended limits, and with a population of over two mill¬ 
ions of souls, it would be impossible to bring the whole 
population together, in mass convention, to make laws, 
and hence it is, that the people have ceded to their del¬ 
egates in the Legislature the power of making laws for 
their benefit and for their protection. The power giv¬ 
en to the Legislature should be brought within the 
narrowest limits compatible with the objects sought to 
be obtained. In the case of the creation of state debts, 
this can be done by a constitutional provision, such as 
that we have quoted. When the Legislature deemed 
it necessary to borrow money, for any state improve¬ 
ment, the law would have simply and specifically to 
to state the object, and then it would become a subject 
matter of discussion, and if deemed right and proper, 
the assent of the people would be obtained, and not oth¬ 
erwise. Is there any thing wrong in this ? If yea, we 
cannot see it. Had the constitution of the state, enact¬ 
ed in 1802, contained such a provision,but few, if any, 
of the public works of the state that for years past have 
required more for repairs than the entire annual revenue 
for tolls and water rents, would have been commenced, 
and the public debt of the state would have been a mere 
trifle compared with the present enormous amount. 

But we have less to do, just now, with the past than 
we have with the future. The past furnishes the ex¬ 
perience by which we can profit, and it is the part of 
wisdom to do so. At any moment that the Legisla¬ 
ture chooses so to do, the state debt can be in¬ 
creased, for capitalists being convinced of the anti-re¬ 
pudiating tendencies of our people, will readily invest 
their capital in the stocks of a state that even in the 
most gloomy period of the financial difficulties which 
the country encountered, paid its interest, and thus 
maintained its credit. To guard against this, is one of 
the objects proposed by a new constitution, and we have 
as little doubt of a section similar to that of Michigan 
being engrafted upon it, as we have of a vast majority 
of the people responding to the recommendation of the 

last Legislature in favor of the calling of the conven¬ 
tion. 








THE NEW CONSTITUTION. 


115 


Written for the New Constitution. 

BIENNIAL SESSIONS. 

Dear Sir: —It marks plainly the salutary spirit of 
the age, as that of bold and free inquiry into the prin¬ 
ciples of constitutional government, to peruse your 
work entitled “The New Constitution.” The con¬ 
tents of your book, (for book it will be,) give good ev- 
dence of the general disposition of the public to inves¬ 
tigate and learn more and more of the science of po¬ 
litical association. This is well. The people in this 
western world of ours are the rulers. They makecon- 
stitutions and laws, and they unmake them. They 
then should understand the principles of their busi¬ 
ness. 

You have opened up a new and peculiar, and ample 
source of information; and the universal encomiums 
which your enterprise receives from impartial minds 
of all parties, show that your energy and enterprise 
are begining to be appropriately valued. Your work, 
serving as a polyglot of the sentiments of all parties 
upon the important subject of organic law in Ohio, op¬ 
erates as a stimulus also to the energies of the popular 
mind, in seeking for the principles of right and jus¬ 
tice. 

Another phenomenon of government is illustrated by 
a careful rcaking of your “ New Constitution.”— 
Whenever a people begin to reflect upon matters of 
public interest, the voice of reform begins to thunder. 
And so it will be until human society shall attain to per¬ 
fection in the form and effect of its organization. 

The present constitution of our state, all now see, is 
defective in many of its features. Consequently its 
operation is confessedly injurious to the people. We 
feel many grievances, and we propose to remedy them 
by a new constitution, which shall embrace all the 
newly discovered and recently adopted principles of 
popular government. This is all right. Let us base 
our government alike upon that which the experience 
of the past has proved adapted to the popular good,and 
upon experiment, so far as this promises reasonably to 
develop adequate remedies for such evils as nothing in 
former time has efficiently remedied. Let us not, 
however, in the madness of innovation, forget, for a 
moment, the admonition of Randolph, that “ change is 
not reform .” 

To select, for instance, one of the evils complained 
of in our present system—excessive legislation ; and 
the remedy—Biennial Sessions of the Legislature. 

“ Excessive legislation” is an evil, so proved by the 
very terms used in the phrase. “ .Excess ” in any de¬ 
partment of life, or in any form of social action, is an 
evil. Convulsions follow excess, and convulsions pro¬ 
duce inquietude ; and in public affairs they disturb 
public tranquility. It would be like resorting to meta¬ 
physical speculation to provea self-evident proposition, 
to undertake by argument to prove that excessive le¬ 
gislation is an evil to the state. But it is a different 
thing, quite, to prove the presence af an evil, and the 
mode and cause of its existence. What symptoms now 
have all. in the form of public disturbance, or anything 
of like character, to show that we have too much law 
in Ohio ? Our laws are confessedly imperfect—more 
so than they need be. But does such imperfection 
spring from too much legislation, or too much time 
spent in legislation 1 I appeal to those who have been 
law-makers in Ohio, to answer the latter interrogatory; 
and to practitioners at the bar, to courts of justice, and 
to intelligent clients, to answer the former. Both ans¬ 
wers will be in the negative.. 

There may be laws in existence that should be re¬ 
pealed. Unquestionably there are. There may be 
al ws which demand a touch from “ the amending 


hand.” Doubtless there are. There may be many 
wants in our statutory institutions. Of course there 
are. Now these are the only possible conceivable 
modes in which the legislation of the state can be im¬ 
perfect. How shall such imperfections be cured ?— 
Plainly and only so : If your laws are defective, amend 
them. If they should be repealed, repeal them. If 
you desire new laws, enact them. And by this rule 
alone can I conceive that law-makers can ever approxi¬ 
mate the desiderata of legislation. Action, and not 
idleness, is the true means of relief. 

Will not this take time, and study, and labor, and 
then the experiment ? And so on, in repetition, till 
the end of the world ? Can you apply such a remedy 
or such a rule, by shortening your legislation session, 
or making them unfrequent ? Can you improve your 
laws when they need improvement, abrogate them 
where they need repeal, or supply them where they 
need new enactment, better by meeting in your Gen¬ 
eral Assembly but two months in two years ? 

I deny then that the evil of excessive legislation ex¬ 
ists in Ohio to any extraordinary degree. And I im¬ 
peach the wisdom and the adaptation of the proposed 
remedy, so far as it may now exist, or so far as it could 
be conceived to exist. I am satisfied, from some small 
experience, and much impartial reflection, that the 
people of Ohio could do few things more unwise than 
to adopt the usage of biennial sessions of the Legisla¬ 
ture. 

It is urged that “ Ohio has a larger bundle of laws 
than half tjie other states in the Union.” It may be 
true, or not. but if true, I answer that it should be so. 
She is a larger state, she has more than twice as many 
inhabitants, she has a greater multiplicity of general 
and local interests, she has greater demands for the ad¬ 
ministration of justice, she has more crimes to punish, 
more public enterprise, more public wants, more varied 
concers, than any other state save New York and Penn¬ 
sylvania. She has infinitely greater resources of 
wealth and greatness to develop for her people. And 
all these things are the concerns of the people, and are 
to be regulated, in almost exclusive measure, by law.— 
She should have more laws, more legislative action 
“than half the other states of the Union.” 

“But this is expensive,” you say. Of course it is, 
and not very, either. “We will lessen this expendi¬ 
ture by the biennial sessions.” Yes, and leave your 
busines undone, or what is worse, but half done. 

It is not that the legislation of the people of Ohio 
should be materially reduced, in volume or expense, 
that we need anew constitution. We wish a better 
judiciary system, so that our courts may do more busi¬ 
ness than they now do, in the same time. In order to 
this, we must have an additional number of courts or 
judges, or both. It is that we shall give to ourselves 
the right of electing all officers—that we shall say who 
shall be our servants. And it is to take out of the 
hands of party the pow-er to form and fashion our le¬ 
gislature. It is for these, and other general purposes, 
that we want a new constitution. Not that the laws 
shall be allowed to remain too long unamended or un¬ 
enacted, by biennial sessions. 

The experience of Illinois is in point. She has just 
entered upon the experiment of biennial sessions. And 
before the expiration, very soon after the begining, in¬ 
deed. of the first term, her Governor was compelled to 
call an extra session. Perhaps Rhode Island may be 
cited as an instance of short sessions, and little legisla¬ 
tion. I can select three counties in Ohio which fur¬ 
nish more business of an indispensable nature for the 
Legislature than the state of Rhode Island. 

I shall allude to this subject again. 

HENRY. 







116 


THE NEW CONSTITUTION. 


Written for the New Constitution. 

The New Constitution and Judicial Reform. 

NUMBER THREE. 

Mr. Editor :—In continuation of my remarks upon 
the subject of judicial reform, I would call the attention 
of my fellow citizens to the great necessity of re-or¬ 
ganizing our courts upon such principle and basis as 
will be more compatible with the growing interests of 
the state, and furnish an easier and more practicable 
mode of administering the laws of the land. 

The present system upon which our courts are con¬ 
structed has given abundant evidence of its imperfec¬ 
tion and unsuitable application to the wants of an en¬ 
terprising people, who are advancing with reform in 
this age of progress and improvement. The scientific 
world has awoke from its slumber, and the glorious 
light of knowledge—heaven’s precious gift—is beaming 
through the dark clouds of ignorance, and moving the 
masses from their quiet submission. The great eter¬ 
nal principle of equality and liberty has seized hold of 
the moving spirit, and like a swelling flood, sweeps 
models, precedent and ill-gained power before it. The 
spark of reformation and improvement which has kin¬ 
dled the civilized world into a flame, and shaken the 
old forms and models of government from their base, 
should infuse new life and energy for reform, through 
every avenue and part of our political compact. No 
arm of civil government should continue to wield its 
power over the rights of an intelligent community, 
when its misdirected effort deals error, wrong and in¬ 
justice at every stroke. The right to govern, to limit 
or enlarge a man’s liberty, to add to or subtract from 
his fortune, is a supreme power, and its execution 
ought to be guarded with great care and extreme cau¬ 
tion by the fundamental law of the state. 

Tiiat branch of power given to the judicial system 
ought to be so distributed as to afford ample means for 
the redress of wrong and the protection of our lives, 
liberty and fortunes in a manner suitable to the con¬ 
venience of a population of near three millions of peo¬ 
ple, in a state composed of eighty-five separate and dis¬ 
tinct civil organizations. 

The powers given to the judiciary may be divided 
among five separate and independent tribunals, to be 
designated in the new constitution, and there to be de¬ 
fined by law. 

1st. There should be two or more justices of the 
peace, elected by the people in each township, for the 
term of three years, who shall have original jurisdic¬ 
tion in all matters of debt in any sum not exceeding 
fifty dollars. These justices of the peace ought not to 
have jurisdiction in actions of trespass or lort, because 
upon this subject the law presents nice and difficult 
questions, which naturally arise during the progress of 
a trial; and because uncertain and unliquidated damages 
are always involved in such litigations. 

2d. There should be one probate judge (who should 
be a member of the legal profession,) elected by the 
people, for each county, and for the term of seven years, 
who should have sole jurisdiction of all probate mat¬ 
ters, and the granting of all lisences within and for his 
county. This judge should hold his probate court once 
in each month, for the transaction of such business, 
and should be paid, out of the county treasury, a sala¬ 
ry to be fixed by law. This judge should also act as an 
associate judge in the court of common pleas within 
his county. 

3d. The State should be divided into Judicial cir¬ 
cuits, as now provided by law; and there should be 
elected by the people, in each circuit, one President 
Judge of the court of Common Pleas, whose term of 
office should continue seven years, and who should be 
paid by a fixed salary, out of the State Treasury. This 
Judge should hold a court of Common Pleas four times 


a year in each county within his circuit, accompanied 
by the probate judge as an associate, within their res¬ 
pective counties. Either one of these Judges should 
constitute a quorum to do business, and in case (when 
both sitting) there should be a difference of opinion, 
that of the President Judge should prevail. This court 
should have original Jurisdiction in all matters both of 
law and equity, in any sum not exceeding ten thou¬ 
sand dollars in actions of “trespass,” and any sum above 
fifty and not exceeding ten thousand dollars in actions 
of debt—also appellate jurisdiction from justices of the 
peace. „ 

4th. There should be elected by the people, in the 
State at large, five Supreme Judges, whose term of of¬ 
fice should continue seven years—any two of whom 
should constitute a quorum to do business. The State 
shoul i be divided into five judicial circuits, and a Su¬ 
preme Court, held at least twice a year in each circuit, 
at a central point therein, to be designated by law. This 
Court might be held in different circuits at the same 
time. This Court should have original jurisdiction in 
all matters of law and equity in any sum exceeding ten 
thousand dollars; and appellate jurisdiction from the 
Court of Common Pleas in all matters ol equity; and 
appellate jurisdiction, by writs of error, from the Court 
of Common Pleas in all matters of law. 

5th. These five Supreme Judges should meet at Co¬ 
lumbus on the first Monday of December, to hold a 
Court in Bank for the decision of all the cases reserved 
from the circuits. 

These decisions would constitute the Ohio Reports; 
and this system would furnish the Judges with a better 
opportunity for investigating their cases, as well on the 
circuit as in Bank—make their decisions more valuable 
and give their reports a better character than they have 
hitherto had. If this system for constructing our judi¬ 
cial tribunals was adopted, the day is not far distant 
when the decisions of Ohio would stand first in the cat¬ 
alogue of precedent, and the legal talent of Ohio would 
exert an influence worthy of the character of an able and 
emiueut Bar. PER CURIA. 

Written for the New Constitution. 

Canton, 0., June 14,1849. 

Dear Sir :—Tho remarks of “ Homo,” in No. 6, 
ou the subject of the judiciary, are in the main appro¬ 
priate and good; but he errs, I think, in refusing to 
our highest courts the power of deciding questions of 
constitutional law. There is much less danger of po¬ 
litical bias in a judge than in a legislator. Our judges 
are, or ought to be well versed in the laws of the coun¬ 
try. They have time and leisure to examine and com¬ 
pare the law with the constitution—have generally the 
acquirements of the learned in the law on both sides of 
the question, to assist in the decision—besides which, 
there is a concentrated weight of responsibililv upon a 
judge, a character for honesty and integrity to sustain, 
that the most violent partisan will.not dare to disregard. 
With a judge, this responsibility rests upon himself 
alene,and he feels the weight of it ; with a legislator, 
it is divided amongst the whole representative body, 
and if troubles arise he can claim that it was not his 
doings alone which caused them. 

We have many judges now in Ohio who have been 
active political partisans, and I never before heard the 
integrity of any of them called in question. A judge 
should know and feel that the pmwer conferred upon 
him is a sacred trust, and I feel a pride in saying that I 
believe the judges of Ohio do so consider it. But who 
can say as much for our legislators ? I would respect¬ 
fully call the attention of friend “Homo” to the le¬ 
gislative doings of last winter, and ask him in candor to 
say in which branch of the government he would pre¬ 
fer to have that important trust reposed. 

MADISON. 









THE NEW CONSTITUTION. 


117 


From the Ohio Patriot, of Aug. 13, 1841. 

Revision of the State Constitution. 

Mr. Morgan: —Some six or eight weeks since I ob¬ 
served in the Statesman, a communication, over the 
signature of “a Democrat,” suggesting the propriety 
of calling a convention for the purpose of amending 
the state constitution. This communication was short¬ 
ly followed by another. Both were favorably noticed 
by the editor of that paper. The subject was also ta¬ 
ken up as well by a correspondent as by the editor of 
the “Journal.” These two leading organs in this state 
being thus committed in favor of the proposed conven¬ 
tion, it is more than probable that the subject will be 
brought forward in form at the next session of the Le¬ 
gislature; for no man, better than yourself, knows the 
influence the press (and justly) wields over public 
opinion. It is of very considerable importance, there¬ 
fore, that this subject be agitated before the people, for 
to their judgment should every subject, so grave, at 
least, as this is,be submitted. Perhaps there is no more 
favorable time than the present. The manner in which 
it is formally to be done will be explained hereafter. 

So serious a project, however, ought not to be hasti¬ 
ly or lightly embraced. The calling of a convention 
for this purpose is nothing less than the resolution of 
society into its original elements—a return of delegated 
power into the hands of the people from whom it em¬ 
anated. The foundations of government are, for a 
time, broken up—its fundamental law laid open to 
change ' But change is not always reform, and there is 
ever a hazard that the constitution may not be altered 
for the better. Such events are always crises in the 
history of a state. They are revolutions—peaceable, 
indeed, bat still revolutions, and no revolution ought to 
be hastily brought upon a people. Besides this, the 
costs, the trouble, and the ioss of time, attending a con¬ 
vention, sitting for weeks, perhaps months, form no 
contemptible item. Add to this the absorbing excite¬ 
ment (and all great excitements are dangerous) into 
which a proposition of this kind, if carried out, must 
plunge, more or less deeply, the million and a half citi¬ 
zens of this powerful state, and all will admit this isa 
project to be weighed with the most deliberate caution, 
and the more especially as a rage for innovation is the 
prevailing distemper of the times in which we live.— 
There is scarcely a state in this whole confederacy, ex¬ 
cept it be some of the more recent, which has not ma¬ 
terially amended, if not thoroughly remodeled its con¬ 
stitution. Rhode Island, indeed, with a rare though by 
no means commendable affection for “things as they 
are,” has been content, amidst all the changes and rev 
olutions, sanguinary or bloodless, which have convul¬ 
sed this continent, with a charter which a no greater 
lover of liberty than Charles II, in times no more re¬ 
publican than the seventeenth century, had been pleas¬ 
ed to confer upon her. But she stands almost alone.— 
The bent of the age is the other way; and though this 
may, and has been carried too far, so may its opposite 
extreme, which perhaps, in a free country, is the more 
dangerous, and the more to be dreaded. It would be 
far better that a state should suffer occasionally from 
hasty and ill-judged innovations, than that its citizens 
should settle down into that death like calm which is 
always a sure symptom of approaching despotism.— 
'i he atmosphere of liberty, if you would have it pure 
and bracing, must be agitated. However weighty, 
therefore, may be the objections against frequent chan¬ 
ges in the fundamental law of a state, there maybe, 
and we believe there are, considerations which render 
expedient, if they do not imperiously demand, a change 
in our constitution. To point out some of the more 
important of these, as briefly as possible, without en¬ 
tering into detail, is the object of this communication, 


and I sincerely wish the subject had fallen into abler 
hands. 

It is now nearly forty years since our state consti¬ 
tution was adopted, and though its framers were ster¬ 
ling republicans, and men of sound practical wisdom, 
yet so different is our condition—se great has the change 
been within that short space of time, that it is more 
than is to be expected from human fallibility, and the 
shortsightedness of man, to look for a constitution from 
their hands, adapted in every particular to the exigen¬ 
cies of all future time. They were legislating for a 
wilderness; they sat in convention but three weeks, 
and though in view of these circumstances, they gave 
us a most admirable constitution,—a constitution equal, 
in most respects, to any in the Union, superior to ma¬ 
ny, iuferior to none—yet even the most sanguine among 
them could not have hoped, nor the most sagacious have 
foreseen that within forty years, that wilderness was to 
become the third state in the Confederacy; norif they 
had forseen it, could they have so modeled the consti¬ 
tution as to meet all the circumstances incident to so 
great a change. They were aware, however, that the 
wants and necessities of the people must vary with the 
age of the state, and that forms of government must 
vary with them; and accordingly they havedelared, in 
the fullest and most explicit terms, (what, however, 
would have existed without the declaration) “the com¬ 
plete power” of the people, “at all limes to alter, re¬ 
form or abolish their government whenever they deem 
it necessary.” In another article they make ample 
provision for “revising, amending, or changing the con¬ 
stitution.” The only questions, therefore, are, “Is any 
amendment or revision advisable at all?” If so, “is 
this a proper time for the purpose?” 

The nature of the act points out one of the most for¬ 
cible reasons in iavor of frequent revision of our consti¬ 
tutions. What is it? A return of power to its right¬ 
ful owners—the people. The agent surrenders up ail 
authority into the hands of his principal. Now power, 
especially long established power, is liable extremely to 
abuse, Its possessors are prone to forget that they are 
but trustees while the fee is in the people, and that they 
hold not for their own, but for the benefit of the peo¬ 
ple. Like the rays of light from a luminous body, the 
farther power proceeds from its original the more it di¬ 
verges. Its streams are apt to become muddied and 
corrupt, as well as-enlarged when they have flowed a 
long distance from their source. It is good, therefore, 
that they be returned to the pure fountain from which 
they have flowed, to be there freed from their impuri¬ 
ties. For a similar reason, the wise framers of our 
constitution have declared that “a frequent recurrence 
to the fundamental principles of governments is abso¬ 
lutely necessary to preserve the blessings of liberty.”— 
And here let me add, though not strictly in place, that 
it is not a little singular that the people of this state 
have lived forty years under a constitution to which 
they have never given any other than a tacit assent.— 
And besides this, there are defects in the constitution 
itself which demand a remedy. 

The principal object which the correspondent of the 
Statesman proposes to submit to the convention, is Re¬ 
form in the Judiciary. This is no new subject, at least 
to the legal profession, and to others who have been so 
unlortunate as to have experienced the defects of the 
present system. All these feel the necessity of reform, 
for I believe I may say wfithout hazard, that of all parts 
of our state constitution, the judiciary is by far the 
most defeciive. Its framers were sturdy republicans, 
and perhaps erred in too great anxiety to make their 
w'ork simple and brief. Simplicity is, indeed, a great 
virtue, and we may say with truth that where simplici¬ 
ty ends there anti-republicanism begins. But legisla¬ 
tion and jurisprudence (especially the latter,) are mat- 







118 


THE NEW CONSTITUTION. 


ters of no small intricacy, because they concern the 
infinite variety of human passions and human affairs 
Here, then, there may be too great simplicity, and the 
public good mav be unwillingly sacrificed to a laudable 
and patriotic desire to obtain it. 

The most defective part of our judiciary, as all, per¬ 
haps, will admit, and that to which the Statesman’s cor¬ 
respondent chiefly refers, consist^ in the organization 
of the Supreme Court, the highest and most important 
judicial tribunal in the state, and the one which, there¬ 
fore, should be the very best organized. This court is 
composed of but four judges, any two of whom are 
singularly held to constitute a quorum. It may, there¬ 
fore, and does frequently so happen that these judges 
disagree. No decision, then, can be had in the county 
in which they are sitting. But to obviate this difficulty 
provision is made for reserving the question and carry¬ 
ing it up before all the judges who sit once a year as a 
Court in Banc. But nothing is here gained but a re¬ 
hearing and delay. The difficulty still stares us full in 
the face. Two judges may decide one way and the 
other two another way, and no decision can be had, it 
may be, for years. And is it a small matter that the 
rights of suitors and the interests of a million and a 
half of freemen are thus left floating in uncertainty I— 
The evil calls for a remedy. 

Nor is this all. By the constitution, the supreme 
court is directed to be held once a year in each county 
of the state. Two of the judges are required to con¬ 
stitute a quorum. Now there are seventy' nine coun¬ 
ties and but about t'crty-six weeks, allowing five or six 
for vacation, and yet the court is to be holden once a 
week in each of these seventy-nine counties. The 
judges are thus kept flitting from place to place, light¬ 
ing for a day or two in this or that county, looking in¬ 
to the court room, adjudging a few cases, continuing 
others, one trying a suit, another reading a chancery 
paper, to save time; then adjourning court, ordering 
their horses and traveling post haste—all night perhaps 
—to the next place of sitting; and thus hurried through¬ 
out the whole state, without rest and almost without 
vacation, they, at the end of the year, receive the re¬ 
ward of all their daily and nightly haste, toil and vex¬ 
ation of body and mind, in the enormous sum of 1500 
dollars, doled out, with a sparing hand, fram the gene¬ 
rous treasury of a state only not first ii® population, 
wealth and resources, in the greatest republic on earth. 
Is it possible in this state of things, that justice should 
be done? It is not even possible that cases should be 
tried at all, much less with that care and deliberation so 
requisite for the purposes of justice. Case after case is 
continued in almost every county for want of time to 
try it, and let it be remembered that it is continued for 
a whole year. For weeks before the sitting of the court 
the lawyers are torturing there brains, for,as they sup¬ 
pose, the final decision of their cases, and when the day 
arrives, suitors and witnesses arc assembled, sometime 
from a distance—sometimes more than fifty in number, 
and after being detained for two or three day'sfrom their 
homes and business, are at length dismissed, term after 
term, for a whole twelvemonth, for want of time in the 
court to try the case. The y'oungest member at this 
bar. I will venture to affirm, has known repeated in¬ 
stances of the kind. Suitors have even consented to 
compromise their rights rather than await the vexatious 
and expensive, though necessary' delay of the court.— 
By these means not only are the costs of the suit, and 
the trouble, anxiety, and the loss of time incident to 
all litigation, greatly 7 multiplied, but “the law’s delay,” 
proverbial for centuries, is lengthened out beyond all 
endurance amounting, in the language of “a democrat,” 
almost to a denial of justice. Deliberation in the busi¬ 
ness of courts is certainly 7 essential to the due dispensa¬ 
tion of justice. But there is also a proper dispatch 


wholy consistent with all necessary deliberation, and 
which the people of a free state had a right to demand. 
It is but a small matter that the people are amused with 
possession of certain abstract rights, and armed with the 
power of enacting laws by which they shall be protec¬ 
ted in the enjoyment of these rights, if, from the ne¬ 
cessity of the case, these laws cannot be enforced. It 
certainly is but very little satisfaction to any man to 
commence in the greenness of youth a prosecution for 
the recovery 7 of rights withheld or the redress of wrongs 
inflicted, and after passing through the hoariness of old 
age to the grave, entail upon his children an odious, 
vexatious, and expensive law-suit, as little near the 
prospect of final adjudication as on the day it was 
brought. I do not pretend to say that such cases have, 
in this State, happened: but they have elsewhere, and 
may here, for the evil, instead of diminishing, is grow¬ 
ing greater with our swelling population and increas¬ 
ing number of counties, and so must continue to 
grow. 

No censure—not the least—is intended to be cast 
upon the Judges of the Supreme Court. By no means. 
The fault is not with them, but in the system. They 
do the best in their power. But they are constrained, 
by 7 an overruling necessity, no doubt much against their 
will, for none are more ready thaD they' to acknowl¬ 
edge the defects of the present system, or more anx¬ 
ious lor its reform. These are facts, Mr. Editor, which 
cannot fail to have weight with the people who are 
deeply interested in all that concerns our judiciary, and 
if tlie Legislature, at the coming session, sees fit to 
take the preliminary 7 steps, I have no doubt that they 
will, almost with one voice, sustain the call for re¬ 
form. 

As to tenure: I am no friend of the good behavior or 
life principle. Dum bene se gesserint is not sufficiently 
republican for this latitude. Yet surely there could be 
no inconvenience in extending the term of our supreme 
Judges to twelve or fourteen instead of seven years.— 
This extension obtains in several States equally demo¬ 
cratic as ours, and would be attended with several ad¬ 
vantages. Among others, there would be far greater 
probability 7 of securing talented and well qualified 
judges, especially if the salary 7 were increased, as it 
ought to be, to at least respectability, for now there are 
few lawyers of talent and integrity who would not 
prefer the permanent emoluments of an honorable and 
lucrative profession, to the hard labor, uncertain office, 
and inadequate compensation of a judge. This exten¬ 
sion of tenure and increase of salary would tend also 
to elevate the judge above the low sedcutions of specu¬ 
lation and corruption from which even the Bench is 
not always secure; and to give him that noble indepen¬ 
dence of mind yvhich will become and is so necessary 
to his station and character. 

But reform ought not to stop with the Supreme 
Court- Let it be carried into the Common Pleas. The 
organization of this Court is perhaps the best which 
could be devised by tire convention of 1802. But the 
whole system might now with advantage be revised and 
amended. It is not my intention to enter, at present, 
into detail; but a few of the more prominent defects in 
this part of our judiciary, may be pointed out. It is 
difficult to divine for what purpose nearly three hun¬ 
dred associate judges are seated on the bench. The 
very little business with which they are entrusted, 
might quite as safely be entrusted to justices of the 
peace, and thus the treasury 7 be saved the expense of 
their salaries, and the Legislature the trouble of their 
election, for the tin-panning of some hundred or more 
candidates, every night for several weeks in the session, 
is, as some among us can testify, a business of no little 
fatigue. One considerable avenue to petty corruption 
might be thus closed. These judges seem to be of lit- 








THE NEW CONSTITUTION. 


119 


tie assistance to the president judge when he presides, 
for, as far as I can see, they are rarely consulted on 
matters of law, and if ever, from courtesy alone; and 
for the good reason that they are almost never gentle¬ 
men of legal acquirements and education. For the 
same reason they are not qualified to hold courts for 
the transaction of important business, when the presi¬ 
dent judge happens to be absent. This evil is radical, 
for no lawyer will relinquish his profession for the sta¬ 
tion and salary of an associate. He cannot consent to 
stare from the bench of the Common Pleas, nodding 
assent on Monday mornings, to the granting of a tav¬ 
ern license, for two dollars and a half a day, and he can 
read his newspaper or sleep quite as comfortably at 
home. No one will accept even a sinecure without a 
reasonable pension. But if associates did interpose 
their opinions adverse to those of the presiding judge, 
so much the worse. What, but confusion and delay, 
could result? They are not needed as salutary checks 
on the judge, since impeachment and the power of ap¬ 
peal are sufficient to. guard the rights of suitors in ev¬ 
ery case. Might not the system be materially impro¬ 
ved in this and oilier particulars? I leave the answer to 
abler and more experienced men than I. 

If it be thought advisable to carry out any considera¬ 
ble reforms in the constitution of our judiciary, they 
may with great propriety and advantage be followed 
up, in the Legislature; for admirable as the whole sys¬ 
tem confessedly is, for its clearness, Us simplicity and 
brevity, there is much in it which a wise Legislature 
might find it expedient to alter. Perhaps the want of 
a unique conneciton and relation among the parts, so 
as to make a consistent whole, is the main defect of the 
system. 

The correspondent of the Statesman proposes to re¬ 
strict the convention to reform in the judiciary alone. 
From this I must dissent, but the length of this com¬ 
munication compels me to postpone the reasons of dis¬ 
sent to future occasion. JEFFERSON. 

NEW CONSTITUTION FOR OHIO. 

The great body of the people of Ohio doubtless feel 
as highly gratified as we ourselves do, that they are to 
have an opportunity of saying whether there shall be a 
convention called for the purpose of framing a new 
constitution for the state. That the response will be 
in the affirmative—decidedly so—we cannot doubt.— 
The convention will be called ; but whether the con¬ 
stitution that convention may frame will be agreeable 
to the people, is a matter further along. We have been 
of the opinion for some years past, that a new consti¬ 
tution was needed for our state. We lj^ve long since 
outgrown the.contracted limits of the present one.— 
We have, it is true, grown up and become a great peo¬ 
ple under the present constitution, but thatdoesnot ar¬ 
gue that we would not have grown faster, and been 
better satisfied, had we had one under which there 
would have been more room to grow ; a cherffKer and 
more prompt administration of the judicial department; 
a greater restraint on the powers of the legislature ; 
and a bringing nearer to the control by the people 
of their public agents in all the different departments 
of their government. 

For ourselves, we desire, among other things, to have 
the present judiciary system entirely remodeled. The 
delays attendant upon the present system amount al¬ 
most to a denial of justice ; and the vexdtious forms 
used in our courts are altogether too expensive, and in 
some instances have acted ruinously to suitors. It 
should also be remoddled so as to take" from the Legis¬ 
lature the appointment of the judges, and let the peo¬ 
ple retain that power in their own hands, as well also 
as the appointment of the clerks of the courts. 

We also desire to have the Legislature restrained in' 


the amount of money it shall be allowed to levy and 
the occasion for it. The people should have an oppor¬ 
tunity to vote on all propositions for an increase of the 
public debt. The Legislature should also be restricted 
in the objects for which money shall be appropriated. 
This we look upon as very important, as much so as al¬ 
most any other matter that is likely to be considered by 
the convention. 

We also desire to have embodied in the new consti¬ 
tution a self-adjusting apportionment, which will give 
the Legislature as little to do with the subject as possi¬ 
ble. 

Another legislative restriction that we consider of 
importance, is that no law shall be passed which, if it 
shall prove injurious to the public interests, cannot be 
repealed. This we hold is inherently a power of civil 
society, which cannot be delegated or parted with, but 
to avoid disputes, it should be stated in the fundamen¬ 
tal law Nothing is capable of producing more cor¬ 
ruption in a legislative body than the opposite doctrine, 
and the people owe it to themselves to be positive on 
this point. 

These are some of the points we desire to have car¬ 
ried into the new constitution. We are glad an oppor¬ 
tunity will be presented for an attempt to be made to 
have them put in operation. We want a cheap gov¬ 
ernment, an efficient one, and a pure one. We want 
justice to be cheaply, speedily and faithfully adminis¬ 
tered. We want all agents of the people, whether Leg¬ 
islative, Judicial or Executive, to be elected by the 
people. We want a system of common schools and 
education that will reach the most obscure child, and 
make the blind to see and the dumb to talk. We want 
the constitution to make the apportionment of the 
representatives in the Legislature, and not the Legisla¬ 
ture to do it. We want the Legislature to be brought 
into as close relations with the people as possible, to 
have few if any temptations to pass bad laws, vote 
away the public money, or increase the taxes of the 
people. And we are satisfied that such is the popular 
sentiment, that the members of the convention will be 
constrained to adopt all the reforms we have suggested. 
—Cincinnati Enquirer. 

California Gold in Baltimore. 

A considerable portion of every large shipment of 
gold yet received from California, has been consigned 
to Baltimore, and we learn that nearly $100,000 of the 
large amount brought by the United States storeship 
Lexington, at New York, is for the same destination. 
Messrs. Harrison & Co., and Wilson &. Kelly, Mr. Ed¬ 
ward Kurtz, Messrs. C. D. De Ford & Co., and a num¬ 
ber of other mercantile houses of this city, are said to 
have some valuable parcels on board. Messrs. Adams 
& Co. yesterday, brought to this city by their Express, 
for Messrs. Wilson & Kelly, a bag containing about 
$1000 worth, most of which was in small grains, though 
there was some lumps among it worth at least five dol¬ 
lars. We hope that all of those into whose hands this 
gold may fall, will hasten it off to the mint, with 
directions to mould it with all possible speed into 
the beautiful and convenient little “gold dollar.”— Balt. 
Sun. _ 

Mails for California. —The Post Office Department 
announces that the steam packet Falcon will be des¬ 
patched from New York on the 28th inst., with mails 
for California and Oregon, via Havana, Chagres and Pa¬ 
nama. 

Another Pronunciamento. —Santa Anna has re¬ 
cently fulminated, from his retreat in Kingston, Jama¬ 
ica, an elaborate reply, in a volume of 300 pages, to 
the accusations brought against him in the Mexican 
Congress by one of the Representatives, Senor Gambia. 












120 


THE NEW CONSTITUTION. 


Votes for Governor in Pennsylvania. 

In the 6th No. of “ The New Constitution ” we pub¬ 
lished a table, showing the votes cast for Governor at 
each election in this state since 1803, for the purpose of 
showing the rapid increase of population. Below we 
give a similar table of the votes cast in Pennsylvania 
since 1790, by which the reader can compare the in¬ 
crease of population in Ohio with that of Pennsylva¬ 
nia ; that state with which Ohio is now struggling for 
supremacy, to be decided by the next census. As a ta¬ 
ble for reference it will be found useful to the politician: 

Under the Constitution of 1790. 


1790—Thomas Mifflin received . ... 27,725 

Arthur St. Clair. 2,802 

Total. 30,527 

1793—Thomas Mifflin received. 19,590 

F. A. Muhlenberg. 10,700 

Total. 30,200 

1796—Thomas Mifflin received. 30,020 

F. A. Muhlenberg. 1,011 

Total. 41,031 

1799—T. M’Kean received. 37,244 

James Ross. 22,643 

Total . 59,887 

1802—T. M’Kean received. 47,879 

James Ross. 17,037 

Total. 64,916 

1805—T. M’Kean received. 48,4 R 3 

Simon Snvder. 43,644 

Total'.. 92,127 

1808—Simon Snyder received. 67,976 

Janies Ross. 37,575 

John Spayd. 4,006 

Total. 91,557 

1811—Simon Snvder received. 52,319 

No opposition. 

Total. 52,319 

1814—Simon Snyder received. 51,699 

Isaac Wayne. 29,566 

Total’. 80,665 

1817—William Findlay received. 66,331 

Joseph Heister. 59,273 

Total.: -125,604 

1820—Toseph Heister received. 67,909 

William Findlay. 66,300 

Total. 134,209 

1823—John A. Shultz received... 89,928 

Andrew Gregg. 64,221 

Total. 154,149 

1826—John A. Shultz received. 72,710 

John Sergeant. 1,174 

Total. 73,884 

1829—George Wolf received........ 78,216 

Joseph Ritner. 51,776 

Total. 129,992 

1832—George Wolf received. 91.235 

Joseph Ritner. 88,186 

Total. 179,421 

1835—Joseph Ritner received. 94,023 

George Wolf. 65,804 

H. A. Muhlenberg. 40,586 

Total. 200,413 


Under the present Constitution. 


1838—David R. Porter received. 137,496 

Joseph Ritner.-.. 121,389 

Total. 258,885 

1841—David R. Porter received. 136,335 

John Banks.113,374 

Total. 249,709 

1844—Frs. R. Shunk received. 160,403 

Joseph Markle. 156,114 

Total. 316,517 

1847— Frs. R. Shunk received. 146,081 

James Irwin. 128,148 

Emanuel C. Reigart. 11,247 

Total. 285,476 

1848— W. F. Johnston received. 168,462 

Morris Longstreth. 168,162 

Total. 336,624 


The German Empire—A Nation Rising in 
its Might. 

After a long and patient struggle, the German peo¬ 
ple have at length resolved to be a free and independent 
political unity, and to take that rank in the heart of 
regenerated Europe to which nature has physically and 
intellectually destined them. No matter how varied 
and protracted still may be the execution of the pro¬ 
cess of ejectment served npon kingly power, it is 
enough that popular sentiment has now nearly unani¬ 
mously willed it; and where the unitedand enlighten- 
ed will of a great nation sways its strength, there can 
be no failure in the end. We shall behold Germany 
stand forth in all that national and intellectual grandeur 
which belongs to her as the cradle of civilization for 
centuries—the nursery whence the first ideas of most 
of the great improvements, marking the successive ad¬ 
vances of mankind, have flashed upon the world, even 
until they lit up our own glorious constellation. 

The following is an extract from the “ bill of rights” 
established by the German people, presented us by a 
friend ; and we ask whether, in view of the principles 
here recognized and clearly defined, it is material that 
the name of the confederated government be, for the 
present, that of empire or republic ?—Washington Union- 

Extracts from the new German constitution — transla¬ 
ted for the Union 

Law concerning the fundamental rights of the 
German people. —The Administrator of the empire, 
pursuant to the resolution of the Imperial Assembly of 
December 21, 1848, proclaims as law : 

Fundamental rights of the German People. 

The following fundamental rights shall be guaran¬ 
tied to the German people. They shall be normal as to 
the constitutions of the individual German States ; and 
no constitution or legislation of any separate German 
State shall ever annul or impair them : 

ARTICLE i. 

Sec. 1. The German people consists of the citizens 
of the states forming the German empire. 

Sec. 2. Every German enjoys all the rights of a 
citizen of the empire, and can in every German coun¬ 
try exercise his rights as such. 

Sec. 3. Every German has the right to fix his place 
of residence and abode any where within the limits of 
























































































THE NEW CONSTITUTION. 


181 


the empire; acquire real property to dispose thereof; 
to follow any trade and to enjoy the rights of munici 
pal citizenship. 

Sec. 4. No German stat* shall make a distinction 
between its own citizens and other Germans, civilly or 
in criminal and common law jurisdiction, denying to 
the latter as foreigners equal justice. 

Sec. 5. The punishment of civil death (outlawry) 
shall no longer exist, and where it is already pronounced 
shall cease to operate, so far as private rights already 
acquired are not violated thereby. 

Sec. 6. The liberty of emigration is not to be ob¬ 
structed by the state ; taxes on emigration shall not be 
imposed ; emigration is placed under the protection and 
care of the empire. 

ARTICLE II. 

Sec. 7. The law recognises no difference of rank ; 
nobility as a class is abolished ; all Germans are equal 
before the law. All tithes, so far as they are not con¬ 
nected with an office,are abolished, and shall never be 
introduced again. No citizen shall accept an order 
from any foreign state. Public offices are equally ac¬ 
cessible to all who are qualified. All are equally held 
to military duty ; substitution is not admitted. 

ARTICLE III. 

Sec. 8. The liberty of person is inviolable. No 
person shall be arrested unless when taken in the fact, 
otherwise than by virtue of a judicial warrant, setting 
forth the cause. Such warrant shall be furnished the 
person arrested at the moment of his arrest, or within 
the next twenty-four hours. The police shall either 
discharge or deliver over to the judicial authorities in 
the course of the followingday every person taken in¬ 
to custody. Every accused shall be set at liberty on 
giving security or bail, unless where there is strong 
presumption of a capital felony. In cases of impris¬ 
onment unjustly made or protracted, reparation and in¬ 
demnity shall be due to the person wronged from the 
wrong doer, or, if necessary, from the state. 

Sec. 9. The punishment of death—except when 
the rules of war prescribe it, or maritime law in cases of 
mutiny permits it—as likewise the punishment of the 
pillory, of branding, and corporal punishment, areabol- 
ished. 

Sec. 10. Private dwellings are sacred. 

ARTICLE IV. 

Sec. 13. Every German has the right by word, in 
writing, print, and picture, freely to express his opinion. 
The liberty of the press shall, under no circumstances, 
and in no manner whatever—neither by censorship, nor 
by the exaction of licenses, securities, taxes, or the re¬ 
striction of printing offices, or the business of publish¬ 
ers, prohibitions of or distribution through the post or 
other obstructions of free circulation—be abridged, sus¬ 
pended or taken away. 

ARTICLE V. 

Sec. 14. Every German enjoys full liberty of belief 
and conscience. No person is bound to discover his 
religious persuasion. 

Sec. 15. Every German is uncontrolled in the do¬ 
mestic and public social exercise of his religion.— 
Crimes and offences committed in the exercise of this 
liberty,are to be punished according to law. 

Sec. 16. The enjoyment of civil and political rights 
is not affected by religious profession as a condition or 
limitation, provided the duties of a citizen are not in¬ 
terfered with. 

Sec. 17. Every religious society controls and ad¬ 
ministers its own affairs, remaining, nevertheless, sub¬ 
ject to the general laws of the state. No religious de¬ 
nomination shall enjoy any preference by the state over 


others. There shall be no longer any established 
church. New religious societies may be formed; they 
shall not require the sanction of the state. 

Sec. 18. No person shall be forced to any religious 
act or ceremony. 

Sec. 19. The form of an oath shall be in future, 
“ So help me God.” 

Sec. 20. The civil validity of marriage is dependent 
only on the performance of the civil act; the religious 
performance can only take place after the civil act.— 
Difference of religion is no civil impediment of mar¬ 
riage. 

ARTICLE VI. 

Sec. 22. Science, and the teaching therof, is free. 

Sec. 23. The business of education and instruction 
to be placed under tde superintendence of the state, and, 
with the exception of religious instruction, is with¬ 
drawn from the control of the clergy as such. 

Sec. 35. Education of the German youth shall be 
everywhere sufficiently provided for by public schools. 
Parents, or those holding their place, shall not be per¬ 
mitted to leave their children or wards without the in¬ 
struction which is prescribed for the lower schools. 

Sec. 26. The public teachers are to be considered 
as public officers. The state, in conjunction (to be reg¬ 
ulated by law) with the districts, shall appoint the 
teachers from the number of those who have passed ex¬ 
amination. 

Sec. 27. The instruction of the common schools 
and lower technical schools is gratuitous. The indi- 
i gent shall enjoy free instruction in all public institu¬ 
tions of education. 

ARTICLE VII. 

Sec. 29. The people shall have the right to assem¬ 
ble peaceably without arms. Special license is not re¬ 
quired. Popular meetings in the open air may be pro¬ 
hibited when public order and safety are seriously 
threatened. 

Sec. 30. The people shall have the right to form 
associations. This right shall not be interfered with by 
preventive measures. 

ARTICLE viii. 

Sec 32. Property is inviolable. There shall be no 
expropriation but where the public interest requires it, 
nor otherwise than by law, and for just compensation. 
Intellectual property shall be protected by the legisla¬ 
tion of the empire. 

Sec. 34. Every kind of servitude and vassalage is 
forever abolished. 

Sec. 36. No property shall hereafter be subject to 
irredeemable rents or charges. 

Sec. 39. All feudal tenure is abolished. The par¬ 
ticular state legislatures have to see to the execution. 

Sec. 40. The punishment of confiscation shall not 
take place. 

ARTICLE IX. 

Sec. 42. The judicial power is exercised indepen¬ 
dently by the courts. There shall be no cabinet and 
ministerial dispensation of justice. No person shall 
be judged otherwise than by his lawful judge. There 
shall be no individual justices 

Sec. 43 No persons or property shall be privileged 
in their judges. 

Sec. 41. No judge shall, otherwise than by law and 
judgment, be removed from his office, or reduced in 
rank and emolument. Suspension (from office) shall 
not take place without a judicial sentence. No judge 
shall, against his will, otherwise than by judicial sen¬ 
tence in cases and manner provided by law, be trans¬ 
ferred to another place, or to the retired list. 

Sec - 45. All judicial proceedings shall be public, 





122 


THE NEW CONSTITUTION. 


and oral, exceptions from publicity, when propriety re¬ 
quires it, to be regulated by law. 

Sec. 49. Th ® police shall have no power to inflict 
punishment. 

Sec. 50. The lawful judgments of German courts 
are equally of effect, and may be executed in all Ger¬ 
man states. 

AN ACT 

amend the act entitled “an act to institute, proceed¬ 
ings against corporations not possessing banking pow¬ 
ers, and thevisitorial powers of Courts, and regulating 
Corporations generally.” 

Sec. 1. Beit enacted by the General Assembly of the 
State of Ohio, That whenever the last board of direc¬ 
tors of an expired or dissolved corporation becomes un¬ 
able, for want of a quorum, to act as trustees for clo¬ 
sing the affairs of said corporation, by a refusal or by 
neglect of a part of such trustees to act, it shall be law¬ 
ful for any number of such last board of directors to 
apply to the court of common pleas of the proper coun¬ 
ty, to declare vacant the places of such trusteesas neg¬ 
lect or refuse to act, and such court shall be authorized 
to empower the remaining trustees, not less than two 
in number, or to appoint any other number of persons 
not exceeding three in number, to perform the duties 
of trustees, under the fourteenth section of the act 
passed March 7, 1842, entitled “an act instituting pro¬ 
ceedings against corporations not possessing banking 
powers, and the visitorial powers of courts, and reg¬ 
ulating corporations generally.” 

Sec. 2. All applications made under the foregoing 
section shall be according to the course of proceedings 
in chancery, and the court hearing the same, may, on 
the same petition, make needful orders against an} 7 
former trustees, or against any assignees of such corpor¬ 
ation, for the conveyance of property by them held, and 
for the assigment of all rights in them vested, and also 
for the dilivery of all books and papers touching the 
affairs of such corporation, which order may be enfor¬ 
ced by process, or by its terms operate as a conveyance 
and transfer. 

Sec. 3. The trustees so appointed, and all success¬ 
ors of suchtrustees shall succeed to all the rights ves¬ 
ted in theirpredecessors, whether trustees or assignees, 
and all securities and effects by them held or acquired, 
and all judgments recovered, whether in favor of the 
corporation to which they succeed or in the names of 
the trustees of such corporation, shall enure to the suc¬ 
ceeding trustees, and pass by operation of law as fully 
as if the same were assigned. 

Sec. 4. The trustees shall be authorized to use the 
corporate name of such dissolved corporation in the 
prosecution of all suits needful to recover possession of 
property, real and personal, which had belonged to such 
corporation, or been vested therein, or to prosecute 
suits at law or in equity, or any cause of action which 
accrued to such corporation prior to its dissolution, or 
which, but for such dissolution, would have accrued 
in favor of such corporation, and to prosecute any 
writ of error or exhibit a bill of review, in the same 
manner and with like effect as if such corporation 
were not dissolved, and the trustees shall receive the 
proceeds of all such suits and apply the same accor¬ 
ding to the above recited act. 

Sec. 5. Judgments and decrees in favor of such 
corporation, which shall have become dormant, or 
which may become so, may be revived in favor of such 
corporation, for the use of such trustees, in the same 
manner and with the like effect as if such corporation 
were not dissolved. JOHN G. BRESLIN, 

Speaker of the House of Representatives. 
BREWSTER RANDALL, 
Febuary 21, 1849. Speaker of the Senate 


An Act to Provide for calling a Convention 
with Limited Powers. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the CSmnonwealth of Pennsylvania, 
in General Assembly met, and it is hereby enacted by 
the authority of the same, That for the purpose of as¬ 
certaining the sense of the citizens of this common¬ 
wealth, on the expediency of calling a convention ol 
delegates, to be elected by the people, with authority 
to submit amendments of the state constitution to a 
vote of the people, for their ratification or rejection, 
and with no other orgreater powers whatsoever; it shall 
be the duty of each of the inspectors of votes for the 
several townships, wards and districts in this common¬ 
wealth, at the next general election, to receive tickets, 
either writtenor printed, from the citizens thereof, qual¬ 
ified to vote at such general election, and to deposite 
them in a proper box or boxes, to be for that purpose 
provided by the proper officers, which tickets shall be 
labelled on the outside with the word “ Convention 
and those who are favorable to a convention, to be 
elected as aforesaid, with limited powers, as aforesaid, 
may express their desire by voting, each, one written 
or printed ticket or ballot, containing the words, “ For 
a convention, to submit its proceedings to a vote of the 
people and those who are opposed to such conven¬ 
tion may express their opposition by voting, each, one 
printed or written ticket or ballot, containingthe words, 
“ Against a convention and all tickets containing 
the words “ for a convention,” and all containing the 
words “ against a convention,” shall be counted and 
returned, whether other words be or be not added. 

Sect. 2. The said election shall, in all respects, be 
conducted as the general elections of this common¬ 
wealth are now conducted, and it shall be the duty of 
the return judges of the respective counties thereof, 
first having carefully ascertained the number of votes 
given for or against calling of a convention, in the 
manner aforesaid, to make out duplicate returns there¬ 
of, expressed in words, at length, and not in figures, 
only one of which returns so made out, shall be lodged 
in the prothonotary’s office of the proper county, and 
the other sealed and directed to the Speaker of the Sen¬ 
ate, which shall be, by one of the said judges, deliver¬ 
ed to the sheriff, with the other returns required bylaw 
to be transmitted to the secretary of the common¬ 
wealth, whose duty it shall be to transmit the same 
therewith; and the Speaker of the Senate shall open 
and publish the same, in the presence of the members 
of the two houses of the Legislature, on the second 
Tuesday of December next. 

Sect. 3. It shall be the duty of the secretary of the 
commonwealth, to transmit a copy of this act to the 
commissioners of each county in the state, who, on 
receipt of the same, shall publish it at the expense of 
the county, at least once a week, for six successive 
weeks, in two or more newspapers printed insaidcoua- 
ty ; and the sheriff of each county, in the proclama¬ 
tion to be by him published of the holding of the next 
general election, shall give notice that votes willbegiv- 
for or against the calling of a convention as aforesaid. 
JAMES THOMPSON, 

Speaker of the House of Representatives. 
THOMAS S. CUNNINGHAM, 
Speaker of the Senate. 

Aprroved —The fourteenth day of April, one thou¬ 
sand eight hundred and thirty five. 

GEO. WOLF. 

Under the provisions of the preceding act, the votes 
of the people were taken, at the time, and in the man¬ 
ner prescribed, by the act, the votes were returned to 
t le Secretary of the commonwealth, and transmitted 






THE NEW CONSTITUTION. 


123 


by him to the Speaker of the Senate ; and, on the sec¬ 
ond Tuesday of December thereafter, the following was 
published as the returns of the election : 


For a Convention. 86,570 

Against a Convention . 73,166 


Majority in favor of a call of a Convention... 13,404 

The returns of the election having shown the sense 
of the majority of the votes given to be in favor of call¬ 
ing a convention, the Legislature of the common¬ 
wealth passed the following act, viz: 

AN ACT providing for the call of a convention, to 
propose amendments to the Constitution of the State, 
to be submitted to the people thereof, for their ratifi¬ 
cation or rejection. 

Whereas, in pursuance of an act, passed on the 
fourteenth day of April, one thousand eight hundred 
and thirty-five, the freemen of this commonwealth have, 
by a decided majority, determined that a convention 
shall be holden to propose and snbmit for their ratifi¬ 
cation or rejection, a new state constitution : And 
whereas, it is incumbent on the representatives of the 
people, promptly, and without delay, to provide the 
means of carrying the public will into immediate effect; 
Therefore, 

Section 1 . Be it enacted by the Senate and House of 
Representatives of the Commonweaeth of Pennsylvania in 
General Assembly met, and it is hereby enacted by the au¬ 
thority of the same, That an election shall take place in 
the several election districts of this commonwealth, on 
the first Friday in November next, for the choice of 
delegates to a convention, to submit amendments to the 
constitution of this state, to a vote of the people there¬ 
of, and that the said convention shall consist of a num¬ 
ber equal to the members composing the Senate and 
House of Representatives of this commonwealth. 

Sect. 2. The delegates to the convention shall be 
apportioned in the same manner that members of the 
Senate and House of Representatives shall then be by 
law apportioned. 

Sect. 3. For the purpose of electing the aforesaid 
delegates, polls shall be opened on the said first Friday 
of November next, in the different election districts of 
the state, in the manner directed for the holding of the 
general elections of this commonwealth ; and it shall 
be the duty of the inspectors, judges and clerks of the 
last preceding general election, to attend at the usual 
hour and place of holding elections, in the different 
election districts aforesaid, on the said first Friday of 
November next, to receive tickets, either written or 
printed, from the citizens thereof qualified to vote at 
the general elections, and to deposite them in a proper 
box or boxes, to be for that purpose provided by the 
proper officers, which tickets shall be labelled on the 
outside with the word “Delegates and that the said 
election shall, in all other respects, be conducted, and 
returns made and transmitted, as in cases of elections 
for senators and representatives to the General Assem¬ 
bly ; and the return judges of said election shall give 
notice to the persons elected delegates to said conven¬ 
tion, in the same manner that is provided for giving 
notice to i ersons elected to the Senate and House of 
Representatives of this commonwealth, by the six¬ 
teenth section of an act of the fifteenth February, sev¬ 
enteen hundred and ninety-nine, entitled “An act to 
regulate the general elections within this common¬ 
wealth. ” 

Sect. 4. In the event of the absence of any of the 
said inspectors, judges or clerks, such vacancies shall be 
filled by the election or appointment, as the case may 


be, of other persons, to act as inspectors, judges or 
clerks, in the manner provided by the general election 
laws of this commonwealth. 

Sect. 5. It shall be the duty of the secretary of the 
commonwealth, on receiving the returns of the elec¬ 
tions held on the said first Friday in November next, 
for delegates to the said convention, from the respec¬ 
tive sheriffs, to submit the same to the Governor, who, 
upon summing up and ascertaining the number of votes 
given for each and every person so returned as voted 
for as delegate,shall thereupon declare,by proclamation, 
the names of the persons duly chosen and elected del¬ 
egates to the convention. 

Sect. 6. It shall be the duty of the delegates elected as 
aforesaid, to assemble at the State Capitol, at Harris¬ 
burg, on the first Tuesday of May, eighteen hundred 
and^thirty-seven, and organize by electing a president, 
and in case of the death or resignation of any of the 
members of said convention, the president thereof shall 
iseue his wTit of election, directed to the sheiiff of the 
proper county, directing an election to be held to fill 
such vacancy or vacancies, in the same manner that is 
provided for supplying vacancies in the Senate and 
House of Representatives ; and after the convention 
shall have so organized, from whence they may, if they 
thiuk proper, adjourn to any other place, and proceed 
to the execution of the duties assigned them ; and 
when the amendments shall have been agreed upon by 

the convention, the constitution, as amended, shall be 

engrossed and signed by the officers and members there¬ 
of, and delivered to the secretary of the commonwealth, 
bv whom, and under whosedirection it shall be entered 
of record in his office, ahd be printed as soon as prac¬ 
ticable, once a week in at least two newspapers pub¬ 
lished in each county in which two or more newspa¬ 
pers are printed, and in all the papers in each county 
where not more than two are printed, and in at least 
six newspapers in the city of Philadelphia : Provided, 
that in each county where there is a German paper 
printed,said paper shall be selected by the secretary as 
one of the papers in which the amended constitution is 
to be printed, until the day of the election that shall be 
held for the adoption or rejection of the amendmen t 

submitted. , , , , . . 

Sect. 7. No delegate shall be elected to represent 

any other district than that in which he shall have re¬ 
sided for one whole year next preceding the election. 

Sect. 8. For the purpose of ascertaining the sense 
of the citizens, on the expediency of adopting the 
amendments so agreed upon by the convention, it shall 
be lawful for said convention to issue a writ ot elec¬ 
tion, directed to the sheriff of each and every county 
of this commonwealth, commanding notice to be given 
of the time and manner of holding an election for the 
said purpose, and it shall be the duty of the said sher¬ 
iffs, respectively, to give notice accordingly , and if 
aid election shall not be held on the day of holding 
he general election, it shall be the duty of the judges 
nspectors, and clerks of the last preceding general 
lection, in each of the townships, wards and districts, 
f this commonwealth, to hold an election in obedience 
o the directions of the said convention, in each ot the 
aid townships, wards and districts, at the usual place 
r places of holding the general elections therein, and 
t shall also be the duty of the said judges and inspect¬ 
ors to receive at the said election, tickets, either wnt- 
en or printed, from citizens qualified to vote, and to 
eposite them in a box or boxes, to be for that purpose 
rovided by the proper officers, which tickets shall be 
ibelled on the outside, “ amendments, and those who 
re favorable to the amendments may express their de- 
ire by voting each a printed or written ticket or ballot, 
ontaining the words, “ For the amendments; and 
hose who are opposed to such amendments may express 












124 


THE NEW CONSTITUTION. 


their opposition by voting each a printed or written tick¬ 
et or ballot, containing the words, “Against the mend- 
ments;”and a majority of the whole number of votes thus 
given for oragainst the amendments, when ascertained, 
in the mauner hereinafter directed, shall decide wheth¬ 
er said amendments are or are not thereafter to be ta¬ 
ken as a part of the constitution of this commonwealth: 
Provided, however, that if the said convention shall 
declare it to be most expedient to submit the amend¬ 
ments to the people in distinct and separate proposi¬ 
tions, it shall be the duty of the said judges, inspectors 
and clerks, to receive ballots prepared accordingly, or 
in any way which said convention may direct. 

Sect. 9. The election on the said proposed amend¬ 
ments shall, in all respects, be conducted as the gener¬ 
al elections of this commonwealth are now conducted, 
and it shall be the duty of the return judges of the re- 
spectivo counties thereof, first having carefully ascer¬ 
tained the number of votes given for or against the said 
amendments, in the manner aforesaid, to make out du¬ 
plicate returns thereof, expressed in words, at length, 
and not in figures only, one of which returns so made 
shall be lodged in the prothonotary’s office of the prop¬ 
er county, and the other sealed and directed to the sec¬ 
retary of the commonwealth, which shall be by one of 
the said judges delivered to the sheriff, with the other 
returns required by law to be delivered to the secretary 
of the commonwealth. 

Sect. 10. It shall further be the duty of the secre¬ 
tary of the commonwealth, on receiving the returns of 
the election for and against the amendments proposed 
by the convention, to deliver the same to the Speaker 
of the Senate, on or before the first Thursday of the 
next session of the Legislature, after said returns shall 
so be received, who shall open and publish the same, in 
the presence of the members of the Senate and House 
of Representatives, on the next Tuesday thereafter ; 
and when the number of votes given for, and the num¬ 
ber of votes given against the said amendments, shall 
have been summed up and ascertained, duplicate certif¬ 
icates thereof shall be signed by the Speaker of the 
Senate, one of which shall be filed in the office of the 
secretary of the commonwealth, and theother delivered 
to the Governor, whose duty it shall be to declare by 
proclamation whether the said amendments have been, 
or have not been adopted by the freemen of this com¬ 
monwealth. 

Sect. 11. The delegates to the said convention shall 
be entitled to the same pay and mileage to which mem¬ 
bers of the General Assembly are now entitled, which, 
together with the pay of a competent stenographer, to 
report the debates of the said convention, and the con¬ 
tingent expenses of the convention, shall be paid by 
the state treasurer, on the warrant of the presiding of¬ 
ficer of the convention ; and it shall be the duty of all 
officers of this state, and of the state librarian, to fur¬ 
nish the said convention with such books and papers in 
their possession, as the said convention may deem ne¬ 
cessary. 

Sect. 12. Immediately after the final passage of this 
act, it shall be the duty of the secretary of the com¬ 
monwealth, to furnish the sheriff of each respective 
county in the state with a copy of said act, requiring 
him to issue his proclamation, to be inserted in at least 
two newspapers published in each county, in which 
two or more newspapers are printed, and in all the pa¬ 
pers in each county where not more than twoare print¬ 
ed, once a week for four successive weeks previous to 
the first Friday in November next, directing the in¬ 
spectors, judges and clerks of the preceding general 
election to attend at the proper times and places, and 
perform the duties imposed upon them by the third 
section of this act, and stating the object of said elec¬ 
tion, and the number of delegates to be chosen in said 


county, and the said inspectors, judges and clerks shall 
receive the like compensation for any special election, 
to be paid them in like manner as is provided by law for 
holding general elections. 

NER MIDDLESWARTII, 
Speaker of the House of Representatives. 

THOMAS S. CUNNINGHAM. 

Speaker of the Senate. 

Approved —The twenty-ninth day of March, Anno 
Domini, one thousand eight hundred and thirty-six. 

JOS. RITNER. 


Constitutional Reform in Maryland. 

The reformers of Carroll county are up and doing. 
Their county convention, which is to be held on the 
9th instant, promises to be large. The Carroll Demo¬ 
crat says—“The union of parties in this county on 
reform, is sought in good faith, not to secure any un¬ 
fair advantages politically, but because reform is just 
now more important than any political question before 
the people,and cannot be obtained without a union of 
both parties in favor of a convention. We believethat 
nine-tenths of the people of this county would be in 
favor of conventional reform wereil rightly understood, 
and could they divest themselves of political prejudice- 
It is their interest certainly to secure a fairer represen¬ 
tation in the Legislature—a reform of the judiciary 
system—the election of all their officers —and a retrench¬ 
ment of expenses. All we ask is, that both parties take 
a decided stand for the call of a convention by the Leg¬ 
islature, and present no candidate who will not pledge 
themselves to favor it. We vouch for the Democratic 
party, that they will support none else—and we rejoice 
that there are unmistakable signs now that the Whigs 
of this county will do likewise. We hope they may ; 
for we desire more to see a state convention, than even 
a party triumph .”—Hagerstown Mait. 

The following, among other resolutions, were adopt¬ 
ed at a meeting held in Manchester District: 

Resolved, That notwithstanding we are as strenuous 
partizans as ever in all matters properly belonging to 
party, yet we unhesitatingly agree as democrats and 
whigs, to support hereafter no candidates for Governor, 
Senator or House of Delegates, who will not pledge 
themselves to sustain conventional reform, and use all 
the means in their power to procure the passage of a 
law submitting to the people at the ballot box the ques¬ 
tion of convention or no convention. 

Resolved, That we demand the election of all coun¬ 
ty and district officers immediately by the people be¬ 
lieving that they are more competent to choose those 
that suit them than any agent that can be entrusted 
with the appointing power—that we demand the aboli¬ 
tion of life offices—the retrenchment of high salaries 
and of the expenses of government—an improvement 
of our judiciary system so as to avid useless delay and 
expense in our courts of justice—a digest or simplifi¬ 
cation of our statute laws—an equality of representa¬ 
tion in the Legislature—and many other reforms of vi¬ 
tal importance, which must be submitted to the conven¬ 
tion. 

Resolved, That we offer to all reformers in the State, 
without distinction of party, the right hand of fellow¬ 
ship in this behalf, in good faith, and invite them to 
press home the question, at the next meeting of the 
Legislature, inasmuch as the system, biennial sessions 
of the Legislature, may require a short life time to ef¬ 
fect any thing, unless measures are taken promptly and 
decidedly. 

[UTThe name of the town of Bloomington, Iowa 
lias been changed to Muscatine. This is a change that 
has been much desired by the citizens of the place. 







THE NEW CONSTITUTION. 


125 


Written for the New Constitution. 

Mr. Mkdary :—As you have freely invited commu¬ 
nications on the subject of the reforms necessary to be 
made in the constitution of Ohio, it is my intention, 
in this, and future numbers, should they meet your ap¬ 
proval, to trouble you with a few thoughts on the defi¬ 
ciencies of our present judiciary system, and that 
which in my opinion should be adopted in its stead. 

My object in this is to lead the minds of our law¬ 
yers and others to the subject, and by eliciting, through 
your columns, the opinions and plans of others, furnish 
the convention, when it meets, with a number of 
schemes, out of which, by selecting what may be 
deemed best in each, that body may form such a sys¬ 
tem as will be most likely to furnish a certain as well 
as satisfactory protection to the life, liberty and proper¬ 
ty of the citizen. 

And first, as to the faults of the present system.— 
These are so numerous that I hardly know where to 
begin their enumeration. 

The first and most prominent, however, (always ex¬ 
cepting the mode of appointing the judges,) is the un¬ 
ion of law and chancery jurisdiction in one and the 
same tribunal, the inconveniences arising from which 
are seen and felt by every lawyer, and result in in¬ 
creased expense, vexation and delay to those unfortu¬ 
nate enough to engage in litigation. 

In the early history of our state, when our popula¬ 
tion was small, and the business transactions of our 
people nothing, compared to the present, this was not 
felt ; but as our population and business has increased, 
the number of cases on the dockets of our several 
county courts has been so enlarged that it has become 
next to impossible for any judge, however industrious 
he may be, to do more than prevent their farthur accu¬ 
mulation ; and in many counties the time allotted for 
the sitting of the court is inadequate to this. 

Again, admitting that the judge was adequate to the 
intense labor of trying and determining the various 
chancery and law cases which now cumber the dock¬ 
ets of our courts ; it is not in the nature of things that 
one man compelled in quick succession to dispose of the 
various questions which arise in a law and chan¬ 
cery jurisdiction combined, can do justice to either, 
and avoid errors highly detrimental in their effects upon 
the interests of parties. 

The mind of man, in general, is so constituted that 
excellence in any given science or pursnit is only to be 
attained by the entire energies of the mind to that par¬ 
ticular pursuit, and it is seldom the case that mem¬ 
bers of the legal fraternity are equally proficient in 
these two branches of the science of law. 

One is noted for his knowledge of the principles and 
practice in chancery, and but an indifferent common 
law lawyer, while another will excel in the last and be 
merely respectable, if not deficient, in the first, and as 
our Judges are necessarily selected from the bar, the 
same diversity does and always will exist among them. 

This would be remedied by the separation of the 
chancery from the common law tribunals, In any new 
system to be formed by the convention ; each judge 
could be selected for his acquirements in one of these 
two great divisions of legal science, and would bring 
to the discharge of his duties, not only an increased fa¬ 
cility of deciding, but what is far more important, great¬ 
er ability to decide correctly. There being two judges, 
to wit: a chancellor and judge of common pleas in each 
judicial circuit, the courts could be heldoftener in each 
county, and time afforded to decide all legal controver¬ 
sies, without subjecting litigants to the almost inter¬ 
minable delay and expense of the present system. 

In my next, should you deem this worthy a place in 
your columns, I shall advert to; some other of the defi- 
ficiencies of our present system ; particularly that rela¬ 


ting to associate judges, and endeavor to point out what 
I consider the remedy, again assuring you that mv ob¬ 
ject in these articles is not so much for the sake of giv¬ 
ing my own views on the subject, as to elicit from oth¬ 
ers more competent than myself, their opinions, and 
thus facilitate the labors of the convention, which I 
take it for granted will meet within the year. 

MARSHALL. 


June 7, 1849. 


Written for the New Constitution. 

The “New Constitution”—Elective Judiciary. 

Dear Sir: I have had the pleasure of perusing the 
first three or four numbers of “ The New Constitu¬ 
tion.” I have before assured you, personally, that I 
regard this work as calculated to produce more prac¬ 
tical good in diffusing a general knowledge of the prin¬ 
ciples of constitutional law than any other with which 
I have ever met. The style of “ The New Constitu¬ 
tion,” both in the original and the contributors’ de¬ 
partment, is popular, easy, instructive, and yet pleas¬ 
ing—such as to secure the interest, and inform the 
minds of its readers. No public print with which I 
have ever had any acquaintance, has struck me as enti¬ 
tled to so general a support. 

We are about directing the popular mind and ener¬ 
gy to a work of high and lasting importance to all.— 
The constitution or re-constitution of a government, 
whose genius it is designed to make liberal and popu¬ 
lar, is the most difficult and delicate undertaking with 
which the statesman who executes, or the people who 
direct, could be charged. It is the establishment of the 
organs of political society, by which public peace and 
happiness are to be secured, and individual prosperity is 
to be preserved. It is the ascertainment and settle¬ 
ment of the individual and collective rights of the gov¬ 
erned. It is the formation of the chart by which the 
public powers shall be guided, to avoid the oppression 
of the men, women and children constituting society, 
and to establish and maintain their freedom and wel¬ 
fare. It is the infusion of spirit into the new-created 
body politic, the spirit which is to characterize and give 
force to the laws.of right and wrong by which the peo¬ 
ple will be governed. 

Men must be taxed to support their collective organ¬ 
ization. By the application of a law of nature to pol¬ 
itics, they must not hope for the enjoyment of well- 
regulated social liberty without paying a price for it.— 
Government preserves peace, guaranties the liberty of 
conscience, and the unquestioned freedom of private 
and public opinion. It protects the weak and restrains 
the strong. It endeavors to approximate the equality 
of person and public enjoyment, in all things. It en¬ 
forces the right, and punishes the wrong. For this it 
must be paid and supported by those who thus enjoy 
its blessings. But it is alike their privilege and their 
duty to prescribe the manner in which government 
shall discharge these functions. All the organs of gov¬ 
ernment are ordained for the use of the people, and 
should be held immediately responsible to the people. 

Let the reader pursue these reflections, and he will 
perceive how important it is that he should make him¬ 
self fully intelligent upon every subject to be settled 
by the fundamental law. The best and most infallible 
source of knowledge, is to be found in fair public dis¬ 
cussion. And I will receive the assent of every read¬ 
er, in saying that your work upon the constitution is 
not only the best, but it is the only one upon the sub¬ 
ject to be obtained upon reasonable terms, and in which 
is presented the opporjunity of a full hearing to the 
views of all parties. 

I propose a series of articles upon the subject of the 
election of judges by the people. Nothing shall be said 
calculated to alarm the prejudices of the few who may 






120 


THE NEW CONSTITUTION. 


differ with me in my views of this subject. It is, per¬ 
haps, a question involving deeperconcern to the people, 
than any other with which the framers of the new con¬ 
stitution will have to deal. Individual members of 
community, at least, without distinction of any kind, 
have a more immediate interest in the proper constitu¬ 
tion and regulation of this branch of government, than 
in any other. 

The laws are made by the whole people, through the 
formal agency of legislation. The people, as an entire 
body, should have a constant and vigilant regard over 
the law-making department, and in their aggregate ca¬ 
pacity, should see that its powers are properlydirected, 
exercised and restrained. For it is in that capacity 
alone that they can peaceably reform, correct, or undo 
the mal-conduct of their public servants, in making 
laws. 

The case is different with the judiciary. Their ac¬ 
tion cannot produce results so general. The immedi- 
diate effect of their operation can only be upon indi¬ 
viduals. Constitute this body in whatsoever manner 
you may, and still in the very nature of their functions, 
as ministers and not makers of the Jaw, the effect of 
their office begins, and in a majority of instances ends, 
with individuals, and with the regulation of private af¬ 
fairs. If they do wrong, it is seldom so general in its 
effects, if it is ever so, that it is possible to procure re¬ 
form on the strength of popular remonstrance or popu¬ 
lar correction. If they are guilty of mal-administra- 
tion, the results, though pernicious to human rights, 
are never so universal as to engender a sufficient de¬ 
gree of public interest to lead to the wholesome politi¬ 
cal excitement by which evils in any and every other 
department may be, and so frequently are corrected. 

In view of this characteristic peculiarity, the natural 
inquiry is, where should be the origin, in what man¬ 
ner should be the election of the judiciary ? I answer, 
it should be from and by the people. 

The leading object of government should be the pre¬ 
vention of evil. I know it is an old standard maxim, 
laid down by a philosopher of the law, whose dictum 
it has long been regarded as presumption to question, 
upon any point, that “law is a rule of action, com¬ 
manding that which is right, and forbidding that which 
is wrong.” But if government should restrict its la¬ 
bors to the prevention of wrong and evil, and shun, 
more than In former history of the world it has done, 
the prescription of positive duties, it might well be 
asked, if thus the old proverb that “ the world is gov¬ 
erned too much,” would not cease to be so just and 
true. But this by the way ; there are evils in govern¬ 
ment. In the making of laws, in their execution, and 
in their administration, humanity has been made to suf¬ 
fer injuries so long, that the most sanguine reformers 
have bowed down in despair, and pronounced govern¬ 
ment itself an evil. If it be so, it is an indispensable 
one. But with courage and wisdom, experience has 
proved, in many instances in history, that it may be 
be rendered both the cause of public blessings, and a 
positive good in itself. 

This has ever been the case when the people, the 
governed, have taken into their own hands the direc¬ 
tion of their own affairs, or the immediate appointment 
of their own agents. He best knows an evil who suf¬ 
fers it himself. He most fully and correctly appreciates 
a difficulty, who encounters it himself. He better 
knows and more rationally values good who enjoys it 
himself. And he who is most intelligent as to the ex¬ 
istence of evil must be presumed to be more fully qual¬ 
ified for its cures than one who feels and knows less of 
its nature and extent. To him, then, should be given 
the means of correction. 

Let these suggestions apply to the judiciary. If they 
misinterpret the law and the constitution, whatever in¬ 


jury results falls upon the heads of those for whom 
those laws were made, and that constitution was or¬ 
dained. The evil is in the judiciary. The wrong 
springs from them. By a change in that depart¬ 
ment alone, can there be found a remedy. It should 
be given to those for whose use and service the 
institution is established, to prescribe and to make 
the change necessary to the correction of whatever in¬ 
jury may have sprung from its mis-direction. The 
people then should be authorized to create, to change, 
and re-create this department of government; for it is 
upon the the people that rest the effects of their action. 

I am aware of the objections which have long been 
urged against the doctrine of popular interposition in 
the election of judges. To these objections I shall ad¬ 
dress myself in another article. It shall be my aim to 
argue the questions in both its theoretical and practical 
bearings. I shall also undertake to demonstrate the 
inconsistency of that argument, by which those who 
object to the election of judges by the people, are wont 
to defend their election by the General Assembly. I 
feel prepared to show, if I could think it necessary, or 
if I should be asked to do so, that no objection can be 
urged against elections by the people on the score of 
partisanship,corrupt bargaining or demagoguery, which 
will not apply with equal or stronger force against leg¬ 
islative elections. For the present, I have done. 

JEFFERSON. 


A Parable for To-Day. 


BY THOMAS L. HARRIS. 


An Old Man sat amid the mold 

That heaped the church-yard lone and cold; 

His limbs were dead, his eye-balls dim, 

Earth had no joy or hope for him: 

The clouds hung radient o’er the West 
Like golden Islands of the Blest: 

Sweet May buds breathed their incense round, 
Young children came with garlands crowned, 
A Light, a Life through Nature came 
As once from Horeb’s tree or flame,} 

Yet, lik a shape of mist and snow, 

The Patriarch sat amid the glow, 

And from his trembling lips and pale 
Breathed forth this sad funeral wail: 

“God has left the World, ’tis old and dying, 
Nature, corpse-like, crumbling round me lies. 
Tolling, tolling, orb to orb replying, 

Peals the requiem down the darkening skies; 
Nature chills and dies. 

“Once the Life Divine filled all creation; 

Wisdom, Genius, Beauty dwelt below;— 

Now sweeps in the last red desolation, 

Earth in lightning thrill and earthquake throe, 
Prescient of her woe. 

“Heroes, Martyrs, Saints have all departed— 
Valor, Insight, Honor, Faith lie dead; 

Old Religion wanders broken-hearted, 

Driven with blows from altar, hall and shed, 
Ashes on her head. 

“Nations reel and fall, by Heaven deserted; 

Thrones and sceptres strew the awful way— 
Christ sits throned above with eyes averted; 
Naught remaineth but the judgment-day— 
Earth shall flee away.” 

A sun-eyed Youth of wondrous grace 
Stood gazing on the Patriarch’s face, 

His form seemed wrought of tempered fire— 







THE NEW CONSTITUTION. 


127 


His eyes 6hot forth a warm desire; 

He seemed akin to sea and star, 

All things that strong and glorious are; 

He claimed alike the Pen and Sword, 

The thunderous blow—the lightning word; 

All Nature was to him divine, 

Truth in each vein, like odorous wine; 

Before him, on the springing slope, 

Stood the twin genii Love and Hope: 

He wound anon a silver horn, 

Whose echo rang, “Reform! Reform!” 

His path lay Onward, o’er it rolled 
The promise-bow of crimson gold; 

And when the Old Man paused, he cast 
The Present’s answer to the Past. 

“Tell me not, oh, Dotard! false and hoary, 

Nature lingereth in her last decline; 

God is here! Earth smiles with new-born glory, 
Nature blooms to-day in early prime, 

Virgin-pure divine. 

“That great Past wherein thy memory lingers 
All was Evil,—Altar, Faith and Throne; 

Time, that wrapt its shroud, with spectral fingers, 
Feltno life within its pulse of stone,— 

Cease thy timorous moan. 

“Dreamers were its saints, its hero valor 
Brutal Hate to desperation wrought; 

All its wisdom fades, in ashy pallor, 

From the heaven-inspired Present’s thought, 

Man by nature taught. 

“That was night—but no w flames in the Morning! 

That was Godless—Heaven itself is here! 

Eden comes the new-born world adorning, 

All thy Past shall die and disappear, 

Paradise is near!” 

Sternly confronting stood the twain 
When, lo! a radiant stranger came; 

Mortal he seemed to sensuous view, 

And yet inspired, Immortal too; 

His kingly brow, serene and vast, 

Shone with the light of all the Past; 

And in his smile, with kindling ray, 

The Future’s hopeful, glorious lay: 

His presence like a living hymn, 

Awoke the “better soul” within. 

Peace filled the heart, and Love the eye 
Thatfelt his mild divinity; 

And Youth and Age in blending sweet, 

Sank listening at the Saviour’s feet. 

“The Eternal Father poureth forth His Spirit, 

So worlds and heavens and men and angels are; 
From Him outflow the splendors they inherit, 

Love to the spirit, beauty to the star. 

“There is no wreck, no waste, no retrogression 
Through all the calm, God-animated vast, 

Upward, still upwaid sweeps lh’ august procession, 
And all the Future blooms from all the Past. 

“The thrones, the principalities, the powers 
Of Thought, and Love, and Virtue, never die: 

The outward form may change with changeful hours, 
The inward spirit lives immortally. 

“Therefore, uprearthy temples, young Reformer! 

On the foundation ancient Time hath wrought: 
With living faith and valor shape the corner 

From massive forms of olden worth and thought. 


“Therefore, 0 patriarch, gray! thy treasures olden 
Yield to the fashioning hand of living youth; 

And swift shall rise, all beautiful and golden 
Th’ eternal shrine of Freedom and of Truth. 

“There Faith and Reason blend in vital union; 

There the sweet harmonies of Peace arise; 

And Past and Present hold divine communion 
In the immortal Future of the skies!” 

New York, April, 1849. [Christian Inquirer. 

AN ACT to provide for the payment of horses and 
other property lost or destroyed in the military ser¬ 
vice of the United States. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That any field, or staff, or other officer, mounted mili¬ 
tiaman, volunteer, ranger, or cavalry, engaged in the 
service of the United States since the eighteenth of 
June, eighteen hundred and twelve, who shall hereaf¬ 
ter be in said service, and has sustained, or shall susatin, 
damage without any fault or negligence on his part, 
while in said service, by the loss of a horse in battle, or 
by the loss of a horse wounded in battle, and which 
has died or shall die of said wound, or being so wound¬ 
ed, shall be abandoned by order of his officer and lost, 
or shall sustain damage by the loss of any horse by 
death or abandonment because of the unavoidable dan¬ 
gers of the sea when on board an United States trans¬ 
port vessel, or because the United States failed to sup¬ 
ply transportation for the horse, and the owner was com¬ 
pelled by the order of his commanding officer to embark 
and leave him, or in consequence of the United States 
failing to supply sufficient forage, or because the rider 
was dismounted and separated from his horse and or¬ 
dered to do duty on foot at a station detached from his 
horse, or when the officer in the immediate command 
ordered or shall order the horse turned out to graze in 
the woods, prairies or commons, because the United 
States failed, or shall fail, to supply sufficient forage, 
and the loss was or shall be consequent thereof, or for 
the loss of necessary equipage, in consequence of the 
loss of his horse, as aforesaid, shall be allowed and paid 
the value thereof, not to exceed two hundred dollars:— 
Provided, That if any payment has been, or shall be, 
made to any one aforesaid, for the use dnd risk, or for 
forage after the death, loss, or abandonment of his horse, 
and payment shall be deducted from the value thereof, 
unless he satisfied, or shall satisfy, the paymaster at the 
time, he made or shall make the payment, or thereafter 
show, by proof, that he was remounted, in which case 
the deduction shall only extend to the time he was on 
foot: And provided, also, If any payment shall have 
been, or shall hereafter be, made to any person above 
mentioned, on account of clothing to which he was not 
entitled by law, such payment shall be deducted from 
the value of his horse or accoutrements. 

Sec. 2. And be it further enacted, That any person 
who has sustained, or shall sustain damage by the cap¬ 
ture or destruction by an enemy, or by the abandon¬ 
ment or destruction by the order of the commanding 
general, the commanding officer or quartermaster of 
any horse, mule, ox, wagon, cart, boat, sleigh, or harn¬ 
ess, while such property was in the military service of 
the United States, either by impressment or contract, 
except in cases where the risk to which the property 
would be exposed was agreed to be incurred by the 
owner ; and any person who has sustained, or shall 
sustain, damage by the death or abandonment and loss 
of any such horse, mule or ox, while in the service 
aforesaid, in consequence of the failure on the part of 
the United States to furnish the same with sufficient 
forage, and any person who has lost, or shall lose, or 
has had, or shall have, destroyed by unavoidable acci- 











128 


THE NEW CONSTITUTION. 


dent, any horse, mule, ox, wagon, cart, boat, sleigh, or 
harness, while such property was in the service afore¬ 
said, shall be allowed and paid the value thereof at the 
the time he entered the service: Provided, it shall ap¬ 
pear that such loss, capture, abandonment, destruction 
or death, was without any fault or negligence on the 
part of the owner of the property, and while it was 
actually employed in the service of the United States. 

Sec. 3. And be it further enacted, That the claims 
provided for under this act shall be adjusted by the 
Third Auditor; under such rules as shall be prescrib¬ 
ed by the Secretary of War, under the direction or 
with the assent of the President of the United States, 
as well in regard to the receipt of applications of claim¬ 
ants as the species and degree of evidence, the man¬ 
ner in which such evidence shall be taken and authen¬ 
ticated, which rules shall be such as in the opinion of 
the President shall be best calculated to obtain the ob¬ 
ject of this act, paying a due regard as well to the 
claims of individuals’ justice as to the interest of the 
United States ; which rules and regulations shall be 
published for four weeks in such newspaper, in which 
the laws of the United States are published, as the Sec¬ 
retary of War shall direct. 

Sec. 4. And be it further enacted, That in all adju¬ 
dications of said Auditor upon the claims above men¬ 
tioned, whether such judgment be in favor of or ad¬ 
verse to the claim, shall be entered in a book provided 
by him for that purpose, and under his direction: and 
when such judgments shall be in favor of such claim, 
the claimant or his legal representative shall be entitled 
to the amount thereof, upon the production of a copy 
thereof, certified by said Auditor, at the treasury of the 
United States. 

Sec. 5. And belt further enacted, That inall instan- 
ces where any minor has been, or shall be engaged in 
the military service of the United States, and was, or 
shall be provided with a horse or equipments, or with 
military accoutrement by his parent or guardian, and 
has died, or shall die, without paying for said property, 
and the same has been, or shall be lost, captured, de¬ 
stroyed, or abandoned in the manner before mentioned, 
said parent or guardian shall be allowed pay therefor, on 
making satisfactory proof, as in other cases, and the 
further proof that he is entitled thereto by having fur¬ 
nished the same. 

Sec. 6. And be it further enacted, That inall instan¬ 
ces where any persons other than a minor has been, or 
shall be, engaged in the military service aforesaid, and 
has been, or shall be provided with a horse or equip¬ 
ment, or with military accoutrements by any person, 
the owner thereof, who has risqued, or shall take the 
risque of such horse, equipment, or military accoutre¬ 
ments ou himself, and the same has been, or shall be 
1 ost, captured, destroyed or abandoned in the manner 
before mentioned, such owner shall be allowed pay 
therefor, on making satisfactory proof, as in other ca¬ 
ses, and the further proof that he is entitled thereto, by 
having furnished the same, and having taken the risque 
on himself. 

Sec. 7. Anb be it further enacted, That in all cases 
where horses have been condemned by a board of offi¬ 
cers, on account of their unfitness for service in conse¬ 
quence of the government failing to supply forage, all 
such horses and their equipage shall be allowed and paid 
for, whenever the facts shall be proved, by legal and 
satisfactory evidence, whether oral or written, that 
such condemned horse and the equipage, was turned 
over to a quartermaster of the army, whether any re¬ 
ceipt therefor was given and produced or not. 

Approved March 3, 1849. 


O’The best government is that which governs the 
least. 


The New York Journal of Commerce says Mr. Lar¬ 
kin, U. S. Government agent at Monterey, is now the 
wealthiest man in California. Valuing his real estate 
at San Francisco at what it was worth there at the last 
advices, he would be doubtless the richest man in North 
America. Mr. Larkin is the gentleman who wrote 
home the first glowing account from California, that 
set so many persons gold mad. He seems to have 
profited by the fever, and has reaped a fortune out of 
California, if not out of the mines. 


FKOSPECTUS 

OF 

THE NEW CONSTITUTION. 

We shall issue, during the summer, a Pamphlet, 
weekly, 16 pages, in form for binding, under the 
title of The New Constitution, commencing about 
the 1st of May next, and to continue six months, ma¬ 
king a work of 400 pages, with a title page and index 
at the close, for reference, for ONE DOLLAR a single 
copy. 

For five dollars seven copies, and for ten dollars fif¬ 
teen copies. Thus ten dollars will purchase 6,000 
pages of close reading matter. 

The work will favor what its name purports, a NEW 
CONSTITUTION, yet it will admit able and well 
written articles on all sides of every question, that those 
who read it may see what is said by all parties. It is 
by this means alone that the people can arrive at a 
sound and just conclusion. We therefore invite all 
writers who desire to treat the subject fairly, as corres¬ 
pondents of THE NEW CONSTITUTION. 

The design of our work is; 1st, to enforce the neces¬ 
sity of a frequent recurrence to first principles—2d, t« 
show the importance of the fundamental law corres¬ 
ponding with the growth of our state and the “pro¬ 
gress” of liberal sentiments—3d, the security of natural 
rights by a charter made and adopted by the people 
themselves—the experience of the past developing 
and directing the necessities of the future. 

A total reform in our Judiciary system and the prac¬ 
tice of our Courts. 

The election of ALL OFFICERS BY THE PEO¬ 
PLE! 

No increase of the state debt, except by a vote of the 
people themselves. 

A system of common schools and of education, wor¬ 
thy the age and the state. 

No legislation, but what the people can reform or an¬ 
nul, when found injurious. 

These are a few of the principles, hastily thrown to¬ 
gether, which shall receive the attention of “The New 
Constitution.” 

Long have we looked forward to the time when we 
could perform our duty in a contest of the kind now 
before us, and we enter the lists full of courage and full 
of hope. 

There is a progressing, reforming, radical spirit 
spreading over the civilized world, and let Ohio not be 
the last to partake of the regenerating spirit. 

[UTAH Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

O’Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 

O’Subscriptions should be early forwarded, that we 
may li-ve some data by which we can calculate the pro¬ 
per number of the work to begin with. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ «• “ 10 00 

S. MEDARY. 








THE NEW CONSTITUTION. 



“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Yol. I. 

§ Columbus, Ohio, Saturday, June 30, 1849. 

No. 9. 


Postage.—T he poslage on this work is the same as 
on a newspaper. 

HU 3 We lay before our readers to-day, the second and 
last of the article of Mr. Vallandigham, prepared for the 
Ohio Patriot, in 1841, seconding the efforts of Mr 
Hamer, who wrote for the Statesman, to sec ure an amend¬ 
ment of thelConstitution at that time. 

To Correspondents. 

“Progress,” on a “ Reform of the Judiciary,” and a 
second communication from “ Homo ” have been re¬ 
ceived and will find a place in our next. 

CP “Henry,” in our paper of to-day, discusses the 
subject of Biennial Sessions with much ability. 

Washington’s Farewell Address. 

A part of the plan of our publication was to embody 
within its pages, documents and papers, so that at the 
end of the volume “The New Constitution” would 
contain, besides articles having a direct bearing on the 
formation of a new constitution for Ohio, a collection 
of state papers not to be found in any one other publi¬ 
cation. In carrying out our plan, we present to the read¬ 
er in the present No. the Farewell Address of General 
Washington. This legacy of the father of his country 
should be read by all, at stated periods, and its sentiments 
deeply pondered upon. As a mere literary production, 
it ranks with the ablest—as a patriotic production, fill¬ 
ed with sentiments of deepest love to the Union, with 
a jealous regard for its honor and preservation, it is an 
invaluable production, and no anniversary of our in¬ 
dependence should pass away, without it being read 
with that other master production, the Declaration of 
American Independence. 

These two documents will be found in the present 
No , and though often read, will bear more frequent 
perusal, for no man can rise from the reading without 
having his feelings of gratitude to the fathers of the 
Revolution increased, and his patriotic feelings strength¬ 
ened. _ 

Reform Convention in Maryland. 

A Convention of the friends of Constitutional Reform, 
irrespective of party, is advertised to meet in Baltimore ) 
on Wednesday, the 25th day of July. 

The Legislature of the state failing to meet the wishes 
of the people, by the passage of a law to call a conven¬ 
tion, the people, irrespective of party, are taking mea¬ 
sures to insure obedience from their Representatives. 


Declaration of Independence. 

Before this No of the New Constitution reaches all 
its readers, the 73d anniversary of American Indepen¬ 
dence will, like the noble band who signed the declara¬ 
tion, be numbered with the dead. We publish the Dec¬ 
laration in another column, and with it, such action of 
the Continental Congress upon it, as is found report¬ 
ed in the Journals of its proceedings. 

The time was, when the Declaration of American In¬ 
dependence was purely American property—but it is 
no longer so. When first the colonies threw off the 
yoke, and the master minds of the Revolution respond¬ 
ing to the sentiments of those they represented, declared 
the freedom of these states, they moulded into form, 
simple, plain, and comprehensive to every man, those 
eternal truths of man’s freedom and equality and right 
to govern himself, which but few before dared to give 
utterance. 

The declaration of the thirteen colonies, adopted by 
Congress on the 4th day of July, 1776, of their free¬ 
dom and independence, though our revolutionary fath¬ 
ers dreamed not of it then, was a declaration of the in¬ 
dependence of the civilized world. The seed then sown 
took deep root, and is still spreading. It moved France 
to her first Revolution, and though many excesses were 
then committed in the name of Liberty and Freedom, 
yet still the plant gained nourishment, for the struggle 
showed that a people had but to strike with a bold hand 
for freedom and it was gained. Other revolutions fol¬ 
lowed, and King-craft is gradually giving way before 
the rapid strides of enlightened public opinion. 

The Declaration of American Independence first 
opened the eyes of the Monarchs of the old world, to 
the fact that the people had certain natural, inherent and 
unalienable rights, and the success of the struggle of our 
fathers, though but few in numbers, showed that a peo¬ 
ple to be free, had but to will it. To these facts are the 
different revolutions in Europe to be attributed—to 
these facts do the South American Republics owe their 
freedom from foreign rule, and hence it is, that the Dec¬ 
laration ef American Independence is considered the 
property of the world, and not alone of the United 
States. Its sentiments have sunk deep into every gen¬ 
erous heart that loves his fellow man, and they will gain 
fresh admirers in the spirit of bold enquiry, which is 
now convulsing the old world, amid the topling thrones 
of the strongest of European governments. 






















130 


THE NEW CONSTITUTION. 


Written for the New Constitution. 

BIENNIAL SESSIONS—No. 2. 

Mr. Editor :—The motto of “ The New Constitu¬ 
tion ” should at this time be kept in constant memory 
by the people of Ohio, “ Power is always stealing from 
the many to the few.” Its nutriment is in itself. All 
it requires for consolidation and duration is, to enable 
it to shun change from its possessor to other and new 
hands. Our government is a representative democra¬ 
cy. To keep the government pure and intact from the 
hand of aristocracy, oligarchy or anarchy, the political 
power should frequently return to the body of the peo¬ 
ple, which constitutes the source of sovereignty, by 
that people to be re-delegated to new incumbeuts of 
public office. 

What is the reason, in our system of government, 
for limiting the term of office to a fixed number of 
months or years? Why do our public officers, by the 
constitution of the country, hold their trusts only for 
a definite, and not an indefinite time ? If our public 
agents were endowed with power for life, or “ during 
good behavior,” and that power was delegated by pop¬ 
ular suffrage, the abstract principle of representative 
democracy, which now is the basis of our politicalthe¬ 
ory, would still be the same—the government would 
4>e derived from the people, and rest upon their “ con¬ 
sent.” But the trial has proved the wisdom of the ex¬ 
periment made by our fathers, by instituting limita¬ 
tions to the terms of office. It has been shown per-1 
feetly adapted to the preservation, in the hands of the 
people, of a practicable recourse upon their public ser¬ 
vants. Former experience had proved that unless it 
was left to the people, at stated and short intervals, to 
remove and displace, or replace their official agents, 
popular power in government became a mere imprac¬ 
ticable delusion. It has been found, too, the only suf¬ 
ficient medium through which could be kept up a con¬ 
stant infusion into the legislation of the country, of 
that popular spirit necessary to make democracy an 
efficient and practicable principle of government. Men 
go into power from the bosom of the people, freshly 
infused with their sentiments and wishes. But if kept 
there too long, and so cut off from equal association 
with their constituents, and the habits of office grown 
strong, they forget alike the purposes of their election 
and their responsibility. They forget that neither the 
office nor the incumbent is enacted or chosen for the 
latter, and that the one is elected and the other created 
for the people. All this is obviated by fixing a time 
when the incumbent shall lay down his mantle and his 
mace, to be given to a successor. 

If the limitation of the official term is then a desid¬ 
eratum in representative government, practical consis¬ 
tency would dictate that the term should not be too 
protracted. In other words, the public servant should 
be required frequently to surrender his trust to those 
who gave it. If he be found to have fitly done his du¬ 
ty, it is both easy and customary to reward him with 
re-election. 

To apply these suggestions to thef so called, reform, 
now undergoing discussiou in our state, fasionably 
termed “ Biennial Sessions:” 

It is confessedly a necessity of our government that, 
in order to keep alive and active the element of popu¬ 
lar energy, the people should have the means of frequent 
reach and restraint upon those who execute, as well as 
who institute the law. The most efficient and the most 
peaceable means of interference in the conduct of public 
officers, by the elector, is through legislation. If they 
misuse power, they are corrected by law. If they require 
new authority, it is given by law. If they abuse or 
usurp rights, given or not given, they are made culpable 
by law. The people, through the law, may and should 


preserve a constant regard over those who execute, as 
' much as those who make the laws, I put it now to 
the advocate of “ Biennial Sessions ” to answer : can 
the Legislature, operating as the medium of rectifica¬ 
tion and restraint upon the various departments of gov¬ 
ernment, as well, not to say better, discharge their dis¬ 
tinctive duties by the proposed reform than they have 
done, or may do, by the usual annual meeting ? 

The General Assembly is the organ of popular di¬ 
rection for the whole government—for both rulers and 
people. It may well be altked, if the part to be acted 
by the Assembly is likely to be betterperformed in any 
respect, by meeting unfrequently, than by the ordina¬ 
ry and well tried usage ? The Legislature, besides be¬ 
ing the grand steward of the whole household of gov¬ 
ernment, is also self-governing—responsible, it is true, 
all the while to the people. They prescribe their own 
duties, and their own privileges. Immunities to the 
members of the General Assembly are ordained and 
assumed by themselves. They too are of the “ few,” 
and subject to the tendencies of power to “ steal from 
the many,” quite as directly and immediately as any 
other class of men, or character of public officers.— 
With them, as all other men, power feeds on itself, 
grows, augments, and is an ever active stimulant of its 
own appetites. The Legislature, it is true, should 
have greater powers, a wider latitude of operation, 
than any other department of government, because 
their duties are higher, more numerous, and more di¬ 
versified than those of any other branch of our system 
of policy ; but so much the greater is their suscepti¬ 
bility to all the ordinary temptations to usurpation 
They are the more likely to absorb from the people 
more power than is granted or intended by the consti¬ 
tution, or consonant with the democratic character of 
the government. This might all be pointedly illustra¬ 
ted by allusion to instances in the legislation of our 
own state, but I choose to avoid all remark touching 
the partisan disputes of the day. It will not, however, 
be questioned. 

Now. how shall such dangers be best and most qui¬ 
etly avoided ? How shall the framers of the constitu¬ 
tion most certainly remove all temptation from the Leg¬ 
islature to usurp powers not granted, and to disregard 
the popular will ? By postponing the hour of their ac¬ 
countability to their constituents ? For, in this very 
responsibility of the representative to the elector, lies 
the strongest political obligation to good conduct in of¬ 
fice. Is it safe, then, in this era of political experiment, 
to weaken in any manner the bonds of any restraint 
held by the people upon their servants? Most espe¬ 
cially, is it safe to put off the day of trial for the be¬ 
havior of those who have the greatest share of control 
over the affairs and interests of the state, by doubling 
the length of the time embraced in their terms of office? 
This would be “ change ,” Mr. Editor, but would it be 
“ reform ?” 

I am aware that the main and the only substantial 
objection urged by the friends of “Biennial Sessions’ 
against the present custom is, that it engenders excess 
in legislation. To this I have adverted before. We 
should be careful to understand the use of terms. Ex¬ 
cessive legislation is an evil. But to what definite end 
would you come in attempting to cure this evil by such 
reverse action as the common meaning of the term 
would imply ? We would have simply a fewer num¬ 
ber of laws. Granted. But would the wise objects of 
the existence, and the proceedings of the Legislature 
be thus compassed ? How can you determine this 
point ? This is, I think, a too indefinite manner of ar¬ 
gument. This matter, just as all others of like con¬ 
cern, should be viewed in a practical light. It is not in 
the greater or the fewer number of enactments ordain¬ 
ed that legislative evils exist. It is in the plainer fact 





THE NEW CONSTITUTION. 


131 


that such as we have are imperfect and incomplete. The 
people feel certain wants. The law is made to provide 
for them. If these wants are not satisfactorily suppli¬ 
ed, the law is at fault, and should be perfected. Crimes 
are committed. They should be prevented, if possible. 
To do so, penalties are ordained by law for their perpe¬ 
tration. If their recurrence is not checked, or does 
not cease, the fault is in the law. It should be amend¬ 
ed and altered, and amended again, until it fulfills the 
purposes of its ordainment. Is this not the only cor¬ 
rect apprehension of the subject ? But can all this be 
done by devoting less time to the legislation of the state. 
We now employ an average of near three months, per 
aunurn, in creating, amending and repealing the laws of 
the state. They are found to be still imperfect, and to 
require, in order to be made suitable to the wants and 
exigencies of the people, still more attention at the 
hands of the Legislature. It is proposed that just half 
the time and labor already given be employed for that 
purpose ! Is not this proposed remedy of rather ques¬ 
tionable fitness ? 

But I apprehend that a little careful reflection upon 
the source whence the defects in Ohio legislation spring, 
will lead to a conclusion quite different from that to 
which they are generally ascribed by objectors to an¬ 
nual sessions of the General Assembly. I submit it to 
every man in Ohio who is most familiarly conversant 
with our statutes, to say whether such of them as fall 
short of the objects held in view by their enactment, 
do not rather exhibit indications of having been passed 
in too great haste, and with little or no consideration 
by their authors. Hurry, confusion and the consequent 
inattention : want of deliberation, of labor and of stu¬ 
dy : inconsiderateness and improper haste ; these are 
the striking delinquencies of our law-makers. They 
take too little‘time for the investigation of each meas¬ 
ure, and the subject to which it is applicable. I speak 
of no one party, as being more justly liable to this 
charge than any other. 

Members of the Legislature, among the other weak¬ 
ness of human nature to which they are subject, un¬ 
derrate the good sense and intelligence of the people. 
They fear to sit in assembly a week or a month longer 
than has been done at a previous session, no matter 
how important, or how novel, or how different their 
tasks are from those imposed upon their predecessors, 
lest the hue and cry of partisan warriors should be 
raised against them for an extravagant waste of time 
and money- Short sessions and an early return home 
seems to be objects of higher importance to members 
of the Legislature, now-a-days, than any which per¬ 
tain to their legitimate business. The consequence is, 
that too little attention is paid to the real business of 
legislation—too little time is spent in maturing and 
perfecting the laws they enact; and hence the evils of 
legislation. In all reason, I ask how the “Biennial 
Sessions ” will remove these evils and their causes ? 

I conceive more or less danger of injury to, or neg¬ 
lect of, the public interest, should this change be made 
in our constitution. The power for carrying on the 
government must continually reside somewhere, and 
must be kept in constant exercise. If not mainly in 
the hands of a Legislature, that portion necessary to 
the enactment and modification of the statutes, why 
then in other hands. Let the intervals between ses¬ 
sions of the General Assembly be long, and more or 
less of its functions must be held by the executive and 
his secretaries. Should unforeseen emergencies arise, 
theGovernor must either call together in extra session 
the legislative branch of government, or use his own 
office in their stead. In the one case he would be guil¬ 
ty of usurpation ; in the other, the biennial session 
doctrine would be proved inadequate. I am hostile to 
giving too much discretion to the executive, as to the 


time when either branch of government should or 
should not be called into action, as proposed by the ad¬ 
vocates of biennial sessions. The supremacy of the 
Legislature, and the purposes of its institution, could 
be too easily disregarded. It should not be left too 
much to the discretion and the judgment of the execu¬ 
tive to decide the fitness of the emergency for extraor¬ 
dinary action. Men in authority are apt to grow both 
arbitrary and careless of the public interest, and their 
powers should neither be too greatly enlarged nor left 
to be too easily neglected. Each would be unwise and 
pernicious. 

The business of the Legislature is of the first im¬ 
portance in government. Too much time should not 
be suffered to elapse between the regular periods at 
which they should be compelled to the discharge of 
their duties; nor can too much care be given to the 
consideration of those duties. There is no danger that 
men who are elected to that branch of the government 
will so long absent themselves from their homes and 
their personal vocations as to endanger or prejudice the 
interests of the good people from whose bosom they 
come. The danger is, that the importance of this de¬ 
partment of government, by the proposed change, if 
adopted, will passinto too low estimation in the minds 
of the people. HENRY. 

Constitutional Convention. 

The time is not far distant when the voters of this 
State will be called upon to decide, whether the Consti¬ 
tution, with all its acknowledged defects, shall remain 
as it is, or whether it shall be amended and revised, and 
made to conform to the earnest wishes of the people.— 
Other States, Ohio, Pennsylvania and Kentucky, are 
adopting measures to reform their Constitutions, and 
in all of them there appears to be a remarkable coinci¬ 
dence of sentiment on one point; to wit: that all officers 
shall be elected by the people. The day has passed when- 
the friends of this principle are to be deterred from its 
advocacy by the denunciations and coarse epithets of 
those who are afraid to trust the people with power.— 
The people have a right to rule, and those who deny 
them are tyrants at heart, let their professions to the 
contrary be what they may. The main difference be¬ 
tween a free government and an absolute monarchy is, 
that in the former the people are considered trust-wor- 
thy, and in the latter the rulers ; and in an exact pro¬ 
portion as any government incorporates in its organi¬ 
zation the principle that the people a^e not fit to be 
trusted, in the same proportion does it contain elements 
which, if fully developed, will lead to an absolute des¬ 
potism. Then why not elect all officers in a free gov¬ 
ernment, judges as well as governors, postmasters as 
well as members of Congress ? But this is not the on¬ 
ly evil which results from our present system. The 
present oppressive State debt, which had well nigh crip¬ 
pled the energies of this otherwise prosperous State, was 
the offspring of reckless and improvident legislation, 
that can only be prevented, in future, by a constitution¬ 
al barrier, prohibiting the contracting of any public 
debt, for any purpose whatever, without at the same 
time providing means by taxation for the annual pay¬ 
ment of the interest and the gradual redemption of the 
principal. Besides a system of common schools, ade¬ 
quate to the wants of the people isto be provided, whose 
foundations must be laid, not in the mere letter, but in 
the spirit of the Constitution. Taxation alone will 
never make good schools, especially in a State where 
much of the public fund, which was set apart for edu¬ 
cational purposes, has been squandered and misapplied. 
We hope the people will agitate and investigate this 
subject, so that they may all be prepared to vote, un- 
derstandingly, on the first Monday of August next.— 
Wash. County ( Indiana) Democrat. 









132 


THE NEW’ CONSTITUTION. 


In the Congress of the United Colonies. 

Saturday, June 8, 1776. 

Resolved, That the resolutions respecting indepen¬ 
dency be referred to a committee of the whole Con¬ 
gress. 

The Congress then resolved itself into a committee of 
the whole ; and, after some time, the President re¬ 
sumed the chair, and Mr. Harrison reported, that the 
committee have taken into consideration the matter to 
them referred, but not having come to any resolution 
thereon, directed him to move for leave to sit again on 
Monday. 

Resolved, That this Congress will, on Monday next, 
at 10 o’clock, resolve itself into a committee of the 
whole, to take into their farther consideration the res¬ 
olutions referred to them. 

Monday, June 10, 1776. 

Agreeable to order, the Congress resolved itself into 
a committee of the whole, to take into their further 
consideration the resolutions to them referred ; and af¬ 
ter some time spent thereon, the President resumed the 
chair, and Mr. Harrison reported, that the committee 
have had under consideration the matters referred to 
them, and have cotne to a resolution thereon, which 
they directed him to report. 

The resolution agreed to in committee of the whole 
being read, 

Resolved, That the consideration of the first resolu¬ 
tion be postponed to Monday, the first day of July next; 
and in the meanwhile, that no time be lost, in case the 
Congress agree thereto, that a committee be appointed 
to prepare a declaration to the effect of the said first res¬ 
olution, which is in these words: “ That these United 
Colonies are, and of right ought to be, free and inde¬ 
pendent States ; that they are absolved from all allegi¬ 
ance to the British crown ; and that all political con¬ 
nexion between them and the State of Great Britain is, 
and ought to be, totally dissolved.” 

Tuesday, June 11, 1776. 

Resolved, That the committee, for preparing the Dec¬ 
laration, consist of five: The members chosen, Mr. 
Jefferson, Mr. John Adams, Mr. Franklin, Mr. Sher¬ 
man, and Mr. R. R. Livingston. 

Tuesday, Jtne 25, 1776. 

A declaration of the deputies of Pennsylvania, met in 
Provincial Conference, was laid before Congress, and 
read, expressing their willingness to concur in a vote 
of Congress, declaring the United Colonies free and in¬ 
dependent States. 

Friday,.June 28, 1776. 

“ Francis Ilopkinson, one of the delegates from New 
Jersey, attended, and produced tho credentials of their 
appointment,” containing the following instructions : 
—“ If you shall judge it necessary or expedient for this 
purpose, we empower you to join in declaring the Uni¬ 
ted Colonies independent of Great Britain, entering in¬ 
to a confederation for union and common defence,” &c. 

Monday, July 1, 1776. 

“ A resolution of the conventionof Maryland, passed 
the 28th of June, was laid before Congiess and read,” 
containing the following instructions to their deputies 
in Congress :—“ That the deputies of said colony, or 
any three or more of them, be authorized and empow¬ 
ered to concur with the other United Colonies, or auia- 
jority of them, in declaring the United Colonies free 
and independent States ; in forming such further com¬ 
pact and confederation between them,” &c. 

The order of the day being read, 

Resolved, That this Congress will resolve itself a com¬ 
mittee of the whole, to take into consideration the res¬ 
olution respecting independency. 


That the declaration be referred to said committee. 

The Congress resolved itself into a committee of the 
whole. After some time the President resumed the 
chair, and Mr. Harrison reported, that the committee 
had Come to a resolution, which they desired him to re¬ 
port, and to move for leave to sit again. 

The resolution agreed to by the committee of the 
whole being read, the determination thereof was, at the 
request of a colony, postponed until to-morrow. 

Resolved, That this Congress will, to-morrow, re¬ 
solve itself into a committee of the whole, to take into 
consideration the declaration respecting independence. 

Tuesday, July 2, 1776. 

The Congress resumed the consideration of the reso¬ 
lution reported from the committee of the whole; which 
was agreed to as follows : 

Resolved, That these United Colonies are, and, of 
right, ought to be, free and independent States ; that 
they are absolved from all allegiance to the British 
crown, and that all political connexion between them, 
and the State of Great Britain, is, and ought to be, to¬ 
tally dissolved. 

Agreeable to the order of the day, the Congress re¬ 
solved itself into a committee of the whole ; and, after 
some time, the President resumed the chair, and Mr. 
Harrison reported, that the committee have had under 
consideration the declaration to them referred ; but, 
not having had time to go through the same, desired 
him to move for leave to sit again. 

Resolved, That this Congress will, to-morrow, again 
resolve itself into a committee of the whole, to take in¬ 
to their further consideration the declaration respecting 
independence. 

Wednesday, July 3, 1776. 

Agreeable to the order of the day, the Congress re¬ 
solved itself into a committe of the whole, to take into 
their further consideration the declaration ; and, after 
some time, the President resumed the chair, and Mr. 
Harrison reported, that the committee, not having yet 
gone through it, desired leave to sit again. 

Resolved, That this Congress will, to-morrow, again 
resolve itself into a committee of the whole, to take into 
their farther consideration the Declaration of Indepen¬ 
dence. 

Thursday, July 4, 1776. 

Agreeably to the order of the day, the Congress re¬ 
solved itself into a committee of the whole, to take in¬ 
to their further consideration the Declaration , and af¬ 
ter some time the President resumed the chair, and Mr. 
Harrison reported that the committee had agreed to a 
declaration, which they desired him to report. 

The Declaration being read, was agreed to as follows : 
A Declaration by the Representatives of the United States 
of America, in Congress assembled. 

When, in tho course of human events, it becomes 
necessary for one people to dissolve the political bands 
which have connected them with another, and to as¬ 
sume, among the powers of the earth, the separate and 
equal station to which the laws of nature and of nature’s 
God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes 
which impel them to the separation. 

We hold these truths to be self-evident, that all men 
are created equal; that they are endowed by their Cre¬ 
ator with certain unalienable rights ; that among these, 
re life, liberty, and the pursuit of happiness. That, to 
secure these rights, governments are instituted among 
men, deriving their just powers from the consent of the 
governed ; that, whenever any form of government be¬ 
comes destructive of these ends, it is the right of the 
people to alter or to abolish it, and to institute a new 
government, laying its foundation on such principles, 









THE NEW CONSTITUTION. 


133 


and organizing its powers in such form, as to them shall 
seem most likely to effect their safety and happiness.— 
Prudence, indeed, will dictate that governments long 
established, should not be changed for light and tran¬ 
sient causes ; and, accordingly, all experience hath 
shown, that mankind are more disposed to suffer, while 
evils are sufferable, than to right themselves by abol¬ 
ishing the forms to which they are accustomed. But, 
when a long train of abuses and usurpations, pursuing 
invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is 
their duty, to throw off such government, and to pro¬ 
vide new guards for their future security. Such has 
been the patient sufferance of these colonies, and such 
is now the necessity which constrains them to alter 
their former systems of government. The history of 
the present king of Great Britain is a history of re¬ 
peated injuries and usurpations, all having, in direct 
object, the establishment of an absolute tyranny over 
these States. To prove this, let facts be submitted to a 
candid world : 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his Governors to passlaws of imme¬ 
diate and pressing importance, unless suspended in their 
operation till his assent should be obtained ; and when 
so suspended, he has utterly neglected to attend to them 

He has refused to pass other laws for the accommo¬ 
dation of large districts of people, unless those people 
would relinquish the right of representation in the leg¬ 
islature ; a right inestimable to them, and formidable 
to tyrants only. 

He has called together legislative bodies at places un¬ 
usual, uncomfortable, and distant from the depository 
of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for 
opposing, with manly firmness, his invasions on the 
rights of the people. 

He has refused, for a long time after such dissolu¬ 
tions, to cause others to be elected ; whereby the legis¬ 
lative powers, incapable of annihilation, have returned 
to the people at large for their exercise ; the State re¬ 
maining, in the mean time, exposed to all the danger 
of invasion from without, and convulsions within. 

He has endeavored to prevent the population of these 
States ; for that purpose, obstructing the laws for nat¬ 
uralization of foreigners ; refusing to pass others to en¬ 
courage their migration hither, and raising the con¬ 
ditions of new appropriations of lands. 

lie has obstructed the administration of justice, by 
refusing his assent to laws for establishing judiciary 
powers. 

He has made judges dependent on his will alone, for 
the tenure of their offices, and the amount and payment 
of their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harrass our people, and eat 
out their substance. 

2 trie has kept among us, in times of peace, standing 
armies, without the consent of our legislature. 

fie has affected to render the military independent of, 
and superior to, the civil power. 

He has combined, with others, to subject us to a ju¬ 
risdiction foreign to our constitution, and unacknowl¬ 
edged by our laws ; giving his assent to their acts of 
pretended legislation : 

For quartering large bodies of armed troops among 
us : 

For protecting them, by a mock trial, from punish¬ 
ment, for any murders which they should commit on 
the inhabitants of these States : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent: 


For depriving us, in many cases, of the benefits of 
trial by jury: 

For transporting us beyond seas to be tried for pre¬ 
tended offences : 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to ren¬ 
der it at once an example aud fit instrument for intro¬ 
ducing the same absolute rule into these colonies : 

For taking away our charters, abolishing our most 
valuable laws, and altering, fundamentally, the powers 
of our governments : 

For suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

He has abdicated government here, by declaring us 
out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of ourpeoplc. 

He is, at this time, transporting large armies of for¬ 
eign mercenaries to complete the works of death, deso¬ 
lation, and tyranny, already begun, with circumstances 
of cruelty and perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the head of a civ¬ 
ilized nation. 

He has constrained our fellow-citizens, taken captive 
on the high seas, to bear arms against their country, to 
become the executioners of their friends aud brethren, 
or to fall themselves by their hands. 

He has excited domestic insurrections amongst us. 
and has endeavored to bring on the inhabitants of our 
frontiers, the merciless Indian savages, whose known 
rule of warfare is an undistinguished destruction, of all 
ages, sexes, and conditions. 

In every stage of these oppressions, we have petition¬ 
ed for redress, in the most humble terms; our repeated 
petitions have been answered only by repeated injury. 
A prince, whose character is thus marked by every act 
which may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting inattention to our British 
brethren. We have warned them, from time to time, of 
attempts made by their legislature to extend an unwar¬ 
rantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and 
magnanimity, and we have conjured them, by the ties 
of our common kindred, to disavow these usurpations, 
which would inevitably interrupt our connections and 
correspondence. They, too, have been deaf to the 
voice of justice and consanguinity. We must, there¬ 
fore, acquiesce in the necessity, which denounces our 
separation, and hold them, as we hold the rest of man¬ 
kind, enemies in war, in peace, friends. 

We, therefore, the representatives of the United 
Stales of America, in General Congress assembled, ap¬ 
pealing to the Supreme Judge of the World for the rec¬ 
titude of our intentions, do, in the name, and by the au¬ 
thority of the good people of these colonies, solemnly 
publish and declare, That these United Colonies are, 
and of right ought to be, Free and Independent States; 
and they arc absolved from all allegiance to the British 
crown, and that all political connexion between them 
and the state of Great Britain, is, aud ought to be, to¬ 
tally dissolved ; and that, as Free and Independent 
States, they have full power to levy war, conclude 
peace, contract alliances, establish commerce, and to do 
all other acts and things which Independent States may 
of right do. And, for the support of this declaration, 
with a firm reliance on the protection of Divine Provi¬ 
dence, we mutually pledge to each other, our lives, our 
fortunes, and our sacred honor 

The foregoing declaration was, by order of Congress, 








134 


THE NEW CONSTITUTION. 


engrossed and signed by the members. The following 
was then adopted: 

Resolved, That copies ol the Declaration be sent to 
the several assemblies, conventions and committees, or 
councils of safety, and to the several commanding offi¬ 
cers of the continental troops: that it be proclaimed in 
each of the United States, and at the head of the army. 

From the Ohio Patriot of Sept. 3, 1841. 

Revision of the State Constitution. 

Mr. Morgan :—In continuance of this subject let me 
observe that the propriety of restricting the Convention, 
as is proposed by the correspondent of the Statesman, 
to reform in the Judiciary alone, may well be doubted. 
If, indeed, it were more than probable that no amend¬ 
ment at all could be obtained, then rather than lose all 
reform, it would be better, perhaps, to give up part.— 
But we believe that no such probability exists. Would 
it not be better, then, for many considerations, that the 
whole Constitution be thrown open to the Convention ? 
I have no fears of having a bad constitution thrust up¬ 
on us. The people will require that it be submitted to 
them for approval or rejection. 

There are several particulars in the Constitution, 
which, if a Convention be called, may well deserve its 
consideration. I will name three. 

1. As the Constitution now stands, there never can 
be more than seventy two Representatives in the lower 
House. This may have been enough when the popu¬ 
lation of the State was no greater than sixty thousand. 
Not so now. There is not even the average of one for 
each county. Now a small representation savors rather 
of aristocracy. The small number of Representatives 
was, to the republicans of ’88, one formidable objection 
to the Federal Constitution. There may, indeed, be 
too many ; but it were far better there should be too 
many than too few. Look at the effect of the present 
provision. Take asingle instance. Columbiana coun¬ 
ty with forty thousand inhabitants—the third county in 
the State—has, this fall, but a single Representative.— 
There are several advantages, it must be conceded, in 
haying small legislative assemblies. There are strong 
objections against them also. And when we reflect that 
the population of Ohio cannot, a! the next census, fall 
much short of two millions, it must be yielded at once 
that seventy-two Representatives and thirty-six Sena¬ 
tors, are a number quite too small for so immense a 
population. Massachusetts, with but 700,000 inhabit¬ 
ants, has, if I recodect aright, not less than about five 
hundred members in her lower House alone. This is a 
number, however, quite as much too large, as ours is 
too small. Some amendment, also, might be made in 
this branch of the Constitution, towards arresting that 
extreme and dangerous fluctuation which, for years, has 
marked the legislative policy of this State more, per¬ 
haps, than of any other in the Union. This, however, 
is owing, in part, to causes beyond the control of Con¬ 
stitutions. 

2. No amendment can be made to the Constitution 
except by convention. This is frequently attended with 
several serious inconveniences. Much good is often 
lost by it, for conventions cannot bo called every day, 
nor even when amendments are expedient and necessa¬ 
ry for the public good. Would it not be better, there¬ 
fore, to provide that amendments to the Constitution be 
proposed at one session of the legislature and laid over 
till the next, when, if passed by two-thirds of both 
Houses, they shall, at the next general election be sub¬ 
mitted to the people for approval or rejection, and if ap¬ 
proved, become parts o{ the Constitution ? Conven¬ 
tions might still be called when expedient or necessary. 
Something similar to this exists in other States of the 
Union. 


3. Thus far all perhaps without distinction of party 
will agree. But there is yet a subject, in my mind of 
infinitely more importance than any yet named ; I mean 
the subject of corporations, and especially of corporate 
wealth. And here a wide and almost boundless field 
opens before us. But I am precluded from anything 
bat a hasty glance over its surface. 

There is a singular provision in the Constitution rel¬ 
ative to corporations. “Every association of persons, 
when regularly formed within this State, and having 
given themselves a name, may, on application to the 
Legislature, be entitled to receive letters of incorporation, 
to enable them to hold estates real and personal, for the 
support of their schools, academies, colleges, universi¬ 
ties and other purposes.” Art. 8, Sec. 27. Now this, if 
it mean anything, would seem to imply that every as¬ 
sociation of persons whatever, might, on fulfilling the 
conditions expressed, demand of the Legislature letters 
of incorporation. But itis not so interpreted, and there¬ 
fore stands a dead letter in the Constitution. Yet the 
Legislature has been no less prodigal and dangerously 
prodigal in the granting of charters of all kinds, than 
if this singular clause were esteemed in full force.— 
Even Mr. Walker, in his “ American Law,” ad¬ 
mits that the creating of corporations has become 
the chief business of our Legislatures. And those 
who are seat to legislate for us, instead of being 
placed, as they ought to be, under the most rigid re¬ 
strictions, are countenanced and encouraged in this 
most dangerous species of legislation. I do not wish 
to be understood as contending against all corporations. 
This is an ullraism for which I am not yet prepar¬ 
ed. Corporate bodies are not, in themselves, neces¬ 
sarily dangerous or anti-republican. It is their Jpur- 
poses and the peculiar privileges which in particular 
cases, maybe annexed to them, that makes them so.— 
Now I can see nothing to fear in granting legal perpe¬ 
tuity ; the rights to use a common seal; to enact by¬ 
laws ; or to hold property for the purposes of religion, 
charity, education, or literary improvement, so long as 
those incorporated are restricted, as they usually are 
and always ought to be, to these particular objects.— 
These are privileges not inconsistent with equal rights, 
so long as none is, actually or impliedly, excluded from 
becoming a participant in them. While they are a 
grievance to none, to their possessors they are attended 
with several advantages, belonging to every single indi¬ 
vidual, but peculiar to corporate associations alone. In¬ 
deed the sole object of academical, church, college and 
other similar charters is to convert several associated 
individuals for legal purposes, into one person, and 
while their privileges are those only which each single 
citizen may enjoy, they are not to be complained of. 

But they who ‘object to all corporations, propose to 
substitute partnerships in all cases. Now the incidents 
to these two associations are essentially different. The 
law applying to them differs materially throughout.— 
And if you would secure the objects of a corporation, 
you must apply this law in its whole extent, by special 
enactment, to the case of partnerships ; that is you must 
convert partnerships into corporations—clothe them 
with all the incidents, all the immunities, and all the 
privileges peculiar to a corporation, and yet call them 
partnerships. What then have you gained ? Is it a 
name against which you are contending ? No, it is 
the privileges—the privileges, wherever they are dan¬ 
gerous or unjust. And we need but turn our eyes to 
banking institutions to see privileges just such as we 
contend against. That bankers associate together sole¬ 
ly for their own individual interest—that they are iden¬ 
tified with a powerful political party, and incorporated 
and employed chiefly for political purposes—that from 
their numbers, wealth, and importance they are capa¬ 
ble of wielding a dangerous influence over the country 






THE NEW CONSTITUTION. 


135 


—that they are entrusted with the highest and most 
formidable power ; a power reaching farther, and reach¬ 
ing more effectively into the social relations of life, than 
any belonging to government; a power over the value 
of every man’s property, and a power for the abuse of 
which, against every measure of republicanism, they 
are entirely irresponsible—that their proceedings are 
veiled in dark and midnight secrecy—that thus moving 
in secrecy, they conspire to control the entire politics 
of the country, expanding their circulation to-day or 
contracting it to-morrow as political interest may dictate; 
to-day spreading plenty and prosperity over the land, if 
their partizans happen to be in power ; to-morrow, ru¬ 
in, panic, and distress, if their enemies, but their coun¬ 
try’s friends are at the helm of government—that they 
are not individually liable for the debts they may con¬ 
tract, or responsible for the frauds they may commit— 
that they alone of all persons may, with impunity, vio¬ 
late their most solemn promises, slam too their doors in 
the face of creditors, and suspend the payment of their 
debts, whenever they may see fit, and call together leg¬ 
islatures and by terror or by bribing, compel or persuade 
them to legalize the act—nay, that they may go farther 
than all this, than all these, and in deliberate council 
DARE to violate a law no less binding than the statute 
against MURDER—these are facts, alarming, porten¬ 
tous, but facts to be convinced of which we need but 
open our eyes. It is for the thorough reform of this 
system in all its parts—a system corrupting and corrupt 
—rotten, anti-republican, fraudulent and unsafe—that 
we as a party have labored long, and labored hard, and 
are willing yet to labor. And if the system cannot be 
so reformed as to make it just such a system as alone 
ought to be tolerated in a democratic government, we 
are willing—we are determined to see it wholly abolished, 
for we hold, in the language of Mr. Allen, “ that dol¬ 
lars and cents—that difference of exchange, are matters 
contemptibly frivolous, when the safety of public liber¬ 
ty is involved.” 

But my object is not to discuss this subject at length. 
Here we all agree—we all stand on common ground, 
contending earnestly against the dangerous anti-repub¬ 
lican tendencies of a system comprising almost the en¬ 
tire wealth of the country—clothed by law with pow¬ 
ers higher and more formidable because more secret and 
subtle than the powers of government itself—holding 
monopolizing privileges under cover of law, yet claim¬ 
ing to be above all law and above all constitution. My 
purpose is simply to show that if we would reform this 
system permanently ; if we would check its anti-demo¬ 
cratic tendencies and bridle its presumptuousarrogance, 
tying it down to the just yoke of republicanism and of 
law, we must look beyond the precarious expedients of 
temporary legislation. And I rest the proof of my po¬ 
sition upon the facts which the experience of the past 
few years presents before us. It is vain to expect per¬ 
manent and lasting reform when what one legislature 
may do at this session, another may undo at the next. 
Yet to enact and to repeal has, for years, been the main 
business of our legislators, insomuch that the unexam¬ 
pled progress of the state, within forty years, in popu¬ 
lation and wealth, becomes almost miraculous. This 
fact, however, may teach a lesson which no wise legis¬ 
lator should forget. It shows the elastic vigor and won¬ 
derful energies of the state, which not even blessed with 
the best of political blessings, no legislation, so far as 
legislation, may be dispensed with, but beset with that 
worst of evils, an unstable and fluctuating policy, has 
outstripped all anticipation.—If, then, we would have 
permanent reform in the banking system, the whole 
subject resolves itself into the simple proposition that the 
legislature itself must be placed under restrictions.— 
You must take from it the power to undo the salutary 
reforms made in the system. You must cripple, in the 


Constitution, the overshadowing influence of corporate 
wealth. It is vain to stop short of this. The banks 
will corrupt your legislators, or, by panic and suspen¬ 
sions, will drive the people into submission. Depend 
upon legislation, and thecoutest will be endless or issue 
in total defeat. But in convention you may strike one 
blow and end it. It is true we run a hazard in the pos¬ 
sibility of not sending sufficient friends to carry out re¬ 
form. But something must be hazarded in every good 
cause, and we certainly cannot in the end find ourselves 
worse off than we now are. Besides, I believe the haz¬ 
ard is but small.—We cannot claim originality in this 
particular. That honor is borne off by another state.— 
But if precedent be wanting I refer to the excellent pre¬ 
visions on this subject, in the constitution of Alabama. 
They are too lengthy to quote in this communication. 

As to the time ; none more favorable could be select¬ 
ed. We have just passed through the excitement of a 
presidential and gubernatorial election. The agitation 
has measurably subsided and the public mind becomes 
calmed. We are not in too great haste to take up the 
matter, for if it be brought and carried in the legislature 
at its coming session, it must be submitted to the peo¬ 
ple, for approval, at the general election of ’42. After 
which, if approved, the legislature must make provis¬ 
ion, at the session of that year, for electing members 
and calling the convention, which may meet in the 
summer or spring of ’43, and thus the whole subject be 
disposed of before the excitement of the presidential 
campaign of ’44 shall have commenced. 

This subject, especially if connected with the reform 
of the banking system, must not be expected to pass 
quietly through. It may convulse the whole state.— 
It may call off public attention, partially at least, from 
federal to state politics. But I do not know that this is 
to be regretted, or esteemed a misfortune. Washington 
City fills toe large a space in the public eye. We are 
accustomed to look too much to the federal and too lit¬ 
tle to our state government, and if such tendencies be 
not checked, we shall see the gulph of consolidation 
yawn before us long ere the end of this century 

These, I am aware, are but imperfect hints, imper¬ 
fectly thrown out, upon an important subject. 1 did 
not design to discuss it at length. If I have succeeded 
in calling to it the attention of a single individual who 
is willing to look beyond the immediate and fleeting 
topics of the day and the neighborhood, to those more 
remote but enduring subjects which concern the inter¬ 
ests of a whole people and of posterity, I am satisfied. 

JEFFERSON. 


Constitutional Reform. —We have not, as yet, said 
much upon this subject. After next week we shall be 
done with the publication of the laws, when we shall 
devote a portion of each paper to the above subject.— 
Coshocton Dcm. 

AN ACT 

To repeal the fifth section of an act entitled ,, an act to au~ 
thorite County Commissioners of this State to lay our 
and establish State roads." 

Sec. 1. lie it enacted by the General Assembly of the 
State of Ohio, That the fifth section of the act passed 
February the twenty-seventh, one thousand eight hun¬ 
dred and forty-six, which section allows county com¬ 
missioners to change free turnpike roads into Stato roads, 
be and the same is hereby repealed. 

Sec. 2. This act to take effect from and after its 
ssage. 

JOHN G. BRESLIN, 
Speaker of the House of Representatives. 
BREWSTER RANDALL, 

Speaker of the Senate. 

March 19, 1849. 









136 


THE NEW CONSTITUTION. 


The Question of Constitutional Reform. 

Under the above head, a writer in the Ohio Patriot, 
says : 

“ There ought to be a more general expression of 
opinion so that there should be no blank votes. Let 
the word * Convention ” be printed on all tickets.— 
That would at once bring the subject before the voters; 
if he is opposed to a convention, the word ‘ no ’ could 
easily be prefixed. All votes cast without the words 
‘ convention ’ or ‘ no convention ’ are to be counted 
against it. This is no party question. Let us hear 
from all quarters. That our present constitution needs 
reform, scarcely any one will deny. The judiciary 
system as at present organized, is so expensive and de¬ 
fective in many points, that all will agree it needs 
amendment. A more equal compensation to office¬ 
holders, many of whom get more by far than their ser¬ 
vices merit, others do not get a sufficiency ; among the 
latter, I would mention Governor; his salary is not 
sufficient. Let us have equal taxation ; all officers 
elected by the people ; no special privileges ; less legis¬ 
lation ; a general law for corporations of all kinds, and 
let local matters be settled by local authority. Under 
our present constitution, we have too much legislation. 
The above suggestions are thrown out for considera¬ 
tion.” 

Under the peculiar wording of the Constitution it is 
held, that every vote cast for members of the General 
Assembly, and not cast in favor of the calling of a 
Convention to remodel the State Constitution, is to be 
taken as a vote against it, and counted accordingly ; 
and hence the greater necessity of every man voting 
in favor of, or against, the calling of a Convention. 

The 5th Section of Art. 6, of the Constitution, in 
speaking of the mode of changing that instrument,says: 
“ If it shall appear that a majority of the citizens of the 
State, voting for Representatives, have voted for a Con¬ 
vention, the General Assembly, at their next session, 
shall call a Convention,” &c. The joint resolution, 
passed at the last session of the Legislature, authoriz¬ 
ing a vote to be taken, orders, the Clerks of Courts 
of Common Pleas in the several counties within the 
State” to “include in the general abstract of votes given 
within their respective counties for members of the 
General Assembly, a statement of the number of votes 
given within their respective counties for and against a 
Convention to amend the Constitution of this State,” 
the members who passed the resolution, no doubt, be¬ 
lieving that, under the Constitution, a majority of all 
the votes given for members of the General Assembly, 
in favor of the calling of a Convention, necessary to 
carry that object. 

Such being the fact, the friends of a new constitu¬ 
tion will have to strive not only against those opposed 
to them in principle, but against the careless portion of 
those who think a new constitution necessary. In mat¬ 
ters poiitical, it is usual for parties to say that all who 
are not for us are against us. This is really true, in 
relation to Constitutional Reform in Ohio, for every 
man who votes for A. B., or C. D., for Representative, 
and does not casta ticket either for or against the call¬ 
ing of a convention, thereby votes no on the proposi¬ 


tion, and this negative vote counts as much as a vote 
given in favor of a convention. 

Those opposed to a new constitution for Ohio—for i^ 
is folly to suppose that there are not active opponents 
of the measure—hope much from this negative vote. 
They believe that a majority of the people favor the 
measure, but by keeping down all excitement, they 
hope that those who vote no, and those who vote not 
at all, will out-number those who vote for the callingof 
a convention. 

It behooves us to provide against this. Every man 
should vote yea or nay on this subject, for then and 
only then, a fair expression of public sentiment can be 
had, and hence we join with the writer in the Patriot 
in the. request that all tickets printed by the friends of 
Reform be headed with the word “ Convention,” those 
not wishing to vote in favor of the calling of a conven¬ 
tion, can easily write the word “ no ” before the word 
“convention,” in which case his vote will be cast against 

it. __ 

From the Dayton Empire. 

The History and Public Records of Ohio. 

The editor of the New Constitution concludes the 
ably written and very interesting historical summary 
to which we lately referred, with the following re¬ 
marks : 

“ A good and complete history of Ohio has never yet 
been written. In our search among the records of the 
state, and of the different works on Ohio, this fact has 
impressed itself most forcibly upon our mind. Save 
in the personal adventure of our citizens, and their con¬ 
flicts with the savage foe, but little is known. So far 
as we were able so to do, in our publibation, we have 
supplied this vacuum, and though our skeleton history 
(for it makes pretensions to nothing else) is far from 
being perfect, yet we have collated facts and docu¬ 
ments given in no other work in so connected a form. 
In doing this, we have availed ourself of all the li¬ 
braries at our command, and have extracted freely from 
the legislative journals, from Chase, Howe, Bancroft, 
Whittlesey, and other writers of acknowledged cor¬ 
rectness, as well as from the early laws of the state. 

“ The state authorities have paid but little or no at¬ 
tention to the preservation of the archives of the 
state, and so careless have they been in times past, that 
it is a fact, which as a citizen of the state we blush to 
acknowledge, that the state is not even the owner of a 
full set of the laws and journals since the organization 
of the state government, and that within the whole 
state, so far as is known, not a single full set can be 
found. A gentleman of this city has a set nearly com¬ 
plete, one or two volumes being mutilated; and this 
comes the nearest of being a full set of any in exist¬ 
ence. These facts are given to show the extreme diffi¬ 
culty of the task in making up a connected history of 
the state and of the efforts in favor of constitutional 
reform.” 

We copy the foregoing for the purpose of adding 
that the same reflections have often occurred to us, and 
the same wants been felt in making similar investiga¬ 
tions. It is time now that a good and complete histo¬ 
ry of Ohio should be written. The formation of a 
new constitution will be a very appropriate era or peri¬ 
od down to which such history might be brought.— 
And it would very properly and in good taste, close 
with a summary of the new instrument and of the re¬ 
organization of the state under it. 

But our chief purpose was to suggest a matter which 








THE NEW CONSTITUTION. 


137 


has often occurred to us during the past three or four 
years. We want badly—as forming an appropriate in¬ 
troductory volume of Ohio state papers—a complete 
compilation of all the annual and the more important 
occasional messages of the several Governors, territo¬ 
rial and state, to the present time, together with the 
more intrinsically valuable and permanently interest¬ 
ing and important reports made to the Legislature by 
its committees, and speeches delivered in the two 
Houses. Other kindred matter,avoiding too great bulki¬ 
ness, might be added. A volume of this sort,u>e/Z got¬ 
ten up and edited —say on a plan similar to the “States¬ 
man’s Manual ”—is a work greatly and long needed by 
the public men and the citizens generally of the state. 
Who will undertake it ? What says our friend of the 
New Constitution ? Cannot he see to it ? 

We assure our friend of the Empire that we have 
thought seriously of some suggestions that are made in 
the above article. Our present publication being an 
experiment of the kind to some extent. If it succeeds, 
and the probability is that it will, it is but the commence¬ 
ment of a series of publications that we intend to make 
hereafter, as well as a fuller and more ample system of 
Legislative Reporting. After the vote is given in favor 
of a Convention, we shall notice the subject again. 

Election of Judges by the People, in Alabama. 

We lay before our readers, to-day, ajoint resolution 
of the Legislature of Alabama, for taking the sense of 
the people of that state on so changing the consti¬ 
tution as to provide for the election of judges by the 
people. 

This reform, first commenced in Mississippi, has 
worked so well that other states have followed, and in 
every state where the experiment has been tried, it has 
been successful. Pennsylvania and Alabama are now 
canvassing the merits and the objections to the system, 
and but little doubt exists but that the people in each of 
these states will, by a decided majority, vote so to 
change the constitution as to provide for an elective ju¬ 
diciary. 

Memphis Convention. —The committee appointed 
by the citizens of Memphis, to make arrangements for 
holding a Convention, in reference to the construction 
of a Railroad from the Mississippi to the Pacific, have, 
upon due deliberation,announced apostponement of the 
projected meeting, from the 4th ol July, until the 16th 
of October, in consequence of the prevalence of the chol¬ 
era in the Western waters. They state, in addition, that 
efforts will be made to advance the movements in the 
meantime, and to assemble a convention of imposing 
oharacter and power in October. 

AN ACT 

To amend the act to regulate literary and other societies 
passed March 11,1845, and for other purposes. 

Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That the act to regulate literary and oth¬ 
er societies, passed March 11, 1845, shall be construed 
to extend to masonic lodges, and chapters and lodges of 
independent order of odd fellows, and divisions of sons 
of temperance, to the same extent as if they were enu¬ 
merated therein. 

JOHN G. BRESLIN, 

Speaker of the House of Representatives. 

BREWSTER RANDALL, 

March 22,1849. Speaker of the Senate. I 


Farewell Address of George Washington, Pres¬ 
ident, to the People of the United States, 
September It, 1190. 

Friends and Fellow Citizens : 

The period for a new election of a citizen to admin¬ 
ister the Executive Government of the United States 
being not far distant, and the time actually arrived when 
your thoughts must be employed in designating the 
person who is to be clothed with that important trust, 
it appears to me proper, especially as it may conduce to 
a more distinct expression of the public voice, that I 
should now apprize you of the resolution I have formed, 
to decline being considered among the number of those 
out of whom a choice is to be made. 

I beg you, at the same time, to do me the justice to 
be assured that this resolution has not been taken with¬ 
out a strict regard to all the considerations appertaining 
to the relation which binds a dutiful citizen to his 
country; and that, in withdrawing the tender of ser¬ 
vice, which silence, in my situation, might imply, I 
am influenced by no diminution of zeal for your fu¬ 
ture interest; no deficiency of grateful respect for your 
past kindness; but am supported by a full conviction 
that the step is compatible with both. 

The acceptance of, and continuance hitherto in, the 
office to which your suffrages have twice called me, 
have been a uniform sacrifice of inclination to the opin¬ 
ion of duty, and to a deference for what appeared to 
be your desire. I constantly hoped that it would have 
been much earlier in my power, consistently with mo¬ 
tives which I was not at liberty to disregard, to return 
to that retirement from which I had been reluctantly 
drawn. The strength of my inclination to do this, 
previous to the last election, had even led to the prepa¬ 
ration of an address to declare it to you ; but mature 
reflection on the then perplexed and critical posture of 
our affairs with foreign nations, and the unanimous ad¬ 
vice of persons entitled to my confidence, impelled me 
to abandon (he idea. 

I rejoice that the state of your concerns, external as 
well as internal, no longer renders the pursuit of inch 
nation incompatible with the sentiment of duty or pro¬ 
priety ; and am persuaded, whatever partiality may be 
retained for my services, that in the present circum¬ 
stances of our country, you will not disapprove my de¬ 
termination to retire. 

The impressions with which I first undertook the ar¬ 
duous trust were explained on the proper occasion. In 
the discharge of this trust, I will only say, that I have 
with good intentions contributed towards the organiza¬ 
tion and administration of the government the best ex¬ 
ertions of which a very fallible judgment was capable. 
Not unconscious in the outset of the inferiority of my 
qualifications, experience, in my own eyes—perhaps 
still more in the eyes of others—has strengthened the 
motives to diffidence of myself ; and every day the in¬ 
creasing weight of years admonishes me, more and 
more, that the shade of retirement is as necessary to 
me as it will be welcome. Satisfied that if any circum¬ 
stances have given peculiar value to my services, they 
were temporary, I have the consolation to believe that, 
while choice and prudence invite me to quit the politi¬ 
cal scene, patriotism does not forbid it. 

In looking forward to the moment which is intended 
to terminate the career of my public life, my feelings 
do not permit me to suspend the deep acknowledgment 
of that debt of gratitude which I owe to my beloved 
country for the many honors it has conferred upon me; 
still more for the steadfast confidence with which it 
has supported me ; and for the opportunities I have 
thence enjoyed of manifesting my inviolable attachment, 
by services faithful and persevering, though in useful¬ 
ness unequal to my zeal. If benefits have resulted to 









133 


THE NEW CONSTITUTION. 


our country from these services, let it always be remem¬ 
bered to your praise, and as an instructive example in 
our annals, that, under circumstances in which the 
passions, agitated in every direction, were liable to mis¬ 
lead ; amidst appearances sometimes dubious; vicissi¬ 
tudes of fortune often discouraging ; in situations in 
which, not unfrequently, want of success has counte¬ 
nanced the spirit of criticism—the constancy of your 
support was the essential prop of the efforts, and a 
guarantee of the plans, by which they were effected.— 
Profoundly penetrated with this idea, I shall carry it 
with me to my grave, as a strong incitement to un¬ 
ceasing vows, that Heaven may continue to you the 
choicest tokens of its beneficence ; that your union and 
brotherly affection may be perpetual ; that the free con¬ 
stitution, which is the work of your hands, may be sa¬ 
credly maintained ; that its administration, in every 
department, may be stamped with wisdom and virtue ; 
that, in fine, the happiness of the people of these states, 
under the auspices of liberty, may be made complete, 
by so careful a preservation and so prudent a use of this 
blessing as will acquire to them the glory of recom¬ 
mending it to the applause, the affection and the adop¬ 
tion of every nation which is yet a stranger to it. 

Here,perhaps, I ought to stop ; but a solicitude for 
your welfare, which cannot end but with my life, and 
the apprehension of danger natural to that solicitude, 
urge me, on an occasion like the present, to offer to 
your solemn contemplation, and to recommend to your 
frequent review, some sentiments which are the result 
of much reflection, of no inconsiderable observation, 
and which appear to me all-important to the perma¬ 
nency of your felicity as a people. These will be af¬ 
forded to you with the more freedom, as you can only 
see in them the disinterested warnings of a parting 
friend, who can possibly have no personal motive to 
bias his counsel ; norcan I forget, as an encouragement 
to it, your indulgent reception of my sentiments on a 
former and not dissimilar occasion. 

Interwoven as is the love of liberty with every liga¬ 
ment of your hearts, no recommendation of mine is 
necessary to fortify or confirm the attachment. 

The unity of government, which constitutes you one 
people, is also now dear to you. It is justly so ; for it 
is amain pillar iu the edifice of your real independence 
—the support of your tranquility at home, your peace 
abroad, of your safety, of your prosperity, of that ve¬ 
ry liberty which you so highly prize. But as it is easy 
to foresee that, from different causes and from different 
quarters, much pains will be taken, many artifices em¬ 
ployed, to weaken in your minds the conviction of this 
truth ; as this is the point in your political fortress 
against which the batteries of internal and external en¬ 
emies will be most constantly and actively (though of¬ 
ten covertly and insidiously) directed—it is of infinite 
moment that you should properly estimate the immense 
value of your national union to your collective and in¬ 
dividual happiness : that you should cherish a cordial, 
habitual and immovable attachment to it; accustom¬ 
ing yourselves to think and speak of it as of the palla¬ 
dium of your political safety and prosperity ; watching 
for its preservation with jealous anxiety ; discounte¬ 
nancing whatever may suggest even a suspicion that it 
can, in any event, be abandoned : and indignantly 
frowning upon the first dawning of every attempt to 
alienate any portion of our country from the rest, or to 
enfeeble the sacred ties which now link together the 
various parts. 

For this you have every inducement of sympathy 
and interest. Citizens by birth or choice, of a common 
country, that country has a right to concentrate your 
affections. The name of American, which belongs to 
you in your national capacity, must always exalt the 
just pride of patriotism, more than any appellation de¬ 


rived from local discriminations. With slight shades 
of difference, you have the same religion, manners, 
habits and political principles. You have, in a com¬ 
mon cause, fought and triumphed together; the inde¬ 
pendence and liberty you possess are the work of joint 
counsels and joint efforts, of common dangers, suffer¬ 
ings and successes. 

But these considerations, however powerfully they 
iddress themselves to your sensibility, are greatly out¬ 
weighed by those which apply more immediately to 
vour interest; here every portion of our country finds 
ihe most commanding motives for carefully guarding 

and preserving the union of the whole. _ 

The North, in an unrestrained intercourse with the 

South, protected by the equal laws of a common gov¬ 
ernment, finds, in the productions of the latter, great 
additional resources of maratime and commercial en¬ 
terprise, and precious materials of manufacturing in¬ 
dustry. The South, in the same intercourse, benefiting 
by the agency of the North, sees its agriculture grow, 
and its commerce expand. Turning partly into its own 
channels the seamen of the North, it finds its particu¬ 
lar navigation invigorated ; and while it contributes, in 
different ways, to nourish and increase the general 
mass of the national navigation, it looks forward to the 
protection of a maratime strengthjto which itself is un- 
eoually adapted. The East, in like intercourse with 
the West, already finds, and in the progressive improve¬ 
ment of interior communication by land and water, 
will more and more find, a valuable vent for the com¬ 
modities which it brings from abroad, or manufactures 
at home. The West derives from the East supplies 
requisite to its growth and comfort; and what is per¬ 
haps of still greater consequence, it must, of necessity, 
owe the secure enjoyment of indispensable outlets for 
its own productions, to the weight, influence and the 
future maritime strength of the Atlantic side or the 
Union, directed by an indissoluble community of in¬ 
terest as one nation. Any other tenure by which the 
West can hold this essential advantage, whether derived 
from its own separate strength, or from an apostate and 
unnatural connection with any foreign power, must be 

Wlfile^'then^every 1 part of our country thus feels an 
immediate and particular interest m union, all the parts 
combined cannot fail to find, in the united mass of 

means and efforts, greater strength, greater resource, 
proportionably greater security from external danger, 

a less frequent interruption of their peace by foreign 

nations ; and what is of inestimable value, they mus 
derive from union an exemption from those broils and 

wars between themselves, which so frequently afflict 

neighboring countries not tied together by the same 
government ; which their own |rivalsh.ps alone would 
be sufficient to produce, but which opposite foreign al¬ 
liances, attachments and intrigues would stimulate and 
imbitter. Hence, likewise, they will avoid the neces¬ 
sity of those over-grown military establishments which, 
under any form of government, are inauspicious o 

liberty, and which are to be regarded as particularly 
hostile to republican liberty ; in this sense it is that 
vour union ought to be considered as a main prop of 
your liberty, and that the love of the one ought to en¬ 
dear to you the preservation of the other. 

These considerations speak a persuasive language to 
every reflecting and virtuous mind, and exhibit the con¬ 
tinuance of the Union as a primary object of patriotic 
desire. Is there a doubt, whether a common govern¬ 
ment can embrace so large a sphere ? Let experience 
solve it. To listen to mere speculation, in such a case, 
were criminal. We are authorized to hope that a prop¬ 
er organization of the whole, with the auxiliary agen- 
cv of governments for the respective subdivisions, will 
afford a happy issue to the experiment. It is well 








THE NEW CONSTITUTION. 


139 


worth a fair and full experiment. With such pow¬ 
erful and obvious motives to union, affecting all 
parts of our country, while experience shall not have 
demonstrated its impracticability, there will always be 
reason to distrust the patriotism of those who, in any 
quarter, may endeavor to weaken its bands. 

In contemplating the causes which may disturb our 
Union, it occurs, as a matter of serious concern, that 
any ground should have been furnished for characteri- 
zing parties by geographical discriminations—Northern 
and Southern—Atlantic and Western; whence de¬ 
signing men may endeavor to excite a belief that there 
is a real difference of local interests and views. One 
of the expedients of party to acquire influence within 
particular districts, is to misrepresent the opinions and 
aims of other districts. You cannot shield yourselves 
too much against the jealousies and heart-burnings 
which spring from these misrepresentations ; they tend 
to render alien to each other those who ought to be 
bound together by fraternal affection. The inhabitants 
of ou; western country have lately had a useful lesson 
on this head ; they have seen in the negociation by 
the Executive, and in the unanimous ratification by the 
fcenate, of the treaty with Spain, and in the universal 
satisfaction at that event throughout the United States, 
a decisive proof how unfounded were the suspicions 
propagated among them, of a policy in the General 
Government, and in the Atlantic states, unfriendly to 
their interests in regard to the Mississippi; they have 
been witnesses to the formation of two treaties—that 
with Great Britain,and that with Spain, which secure 
to them every thing they could desire in respect to our 
foreign relations, towards confirming their prosperity, 
v ii l it not be their wisdom to rely for the preservation 
of these advantages ou the Union by which they were 
procured ? Will they not henceforth be deaf to those 
ac\ isers, if such there are, who would sever them from 
their brethren and connect them with aliens ? 

To the efficacy and permanency of your Union, a 
government for the whole is indispensable. No alli¬ 
ance, however strict between the parts, can be an ade¬ 
quate substitute ; they must inevitably experience the 
infractions and interruptions which ail alliances, in all 
time, have experienced. Sensible of this momentous 
truth, j ou have improved upon your first essay, by the 
adoption of a constitution of government better calcu¬ 
lated than your former for an intimate Union, and for 
the efficacious management of your common concerns. 
This government, the offspring of our own choice, un- 
influenced and uuavved, adopted upon full investigation 
and mature deliberation, completely free in its princi¬ 
ples, in the distribution of its powers, uniting security 
with energy, and containing within itself a provision 
for its own amendment, has a just claim to your confi¬ 
dence and your support. Respect for its authority, 
compliance with its laws, acquiescence in its measures, 
are nuties enjoined by the fundamental maxims of true 
liberty. The basis of our political systems, isthe right 
of the people to make and to alter their constitutions of 
government ; but the constitution which at any time 
exists, till changed by an explicit and authentic act of 
the whole people, is sacredly obligatory upon all. The 
verv idea of the power, and the right of the people to 
establish gov eminent pre-supposes the duty of every 
individual to obey the established government. 

All obstructions to the execution of the laws, all 
combinations and associations, under whatever plausi¬ 
ble character, with the real design to direct, control, 
counteract, or awe the regular deliberation and action 
Oi the constituted authoiities, are destructive to this 
fundamental principle, and of fatal tendency. They 
serve to organize faction, to give it an artificial and ex¬ 
traordinary force, to put in the place of the delegated 
will of the nation, the will of a party, often a small 


1 but artful and enterprising minority of the communi¬ 
ty ; and, according to the alternate triumphs of differ¬ 
ent parties, to make public administration the mirror of 
the ill-concerted and incongruous projects of faction, 
rather than the organ of consistent and wholesome 
plans, digested by common counsels, and modified by 
mutual interests. 

However combinations or associations of the above 
descriotion may now and then answer popular ends, 
they are likely, in the course of time and things, to 
become potent engines, by which cunning, ambitious 
and unprincipled men will be enabled to subvert the 
power of the people, and to usurp for themselves the 
reins of government; destroying, afterwards, the ve¬ 
ry engines which had lifted them to unjust dominion. 

Towards the preservation of your government, and 
the permanency of your present happy state, it is re¬ 
quisite, not only that you steadily discountenance irreg¬ 
ular oppositions to its acknowledged authority, but also 
that you resist with care the spirit of innovation upon 
its principles, however specious the pretexts. One 
method of assault may be to effect, in the forms of the 
constitution, alterations which will impair the energy 
of the system, and thus to undermine what cannot be 
directly overthrown. In all the changes to which you 
may be invited, remember that time and habit are at 
least as necessary to fix the true character of govern¬ 
ments as of other human institutions ; that experience 
is the surest standard by which to test the real tenden¬ 
cy of the existing constitution of a country ; that fa¬ 
cility in changes, upon the credit of mere hypothesis 
and opinion, exposes to perpetual change, from the end¬ 
less variety of hvpothesisand opinion ; and remember, 
especially, that for the efficient management of your 
common interests, in a country so extensive as ours, a 
government of as much vigor as is consistent with the 
perfect security of liberty, is indispensable. Liberty 
itself will find in such a government, with powers 
properly distributed and adjusted, its surest guardian.— 
It is, indeed, little else than a name, where the Govern- 
mentistoo feeble to withstand the enterprises of faction, 
to confine each member of the society within the lim¬ 
its prescribed by the laws, and to maintain all in the se¬ 
cure and tranquil enjoyment of the rights of person 
and property. 

I have already intimated to you the danger of parties 
in the state, with particular reference to the founding of 
them on geographical discrimination. Let me now take 
a more comprehensive view, and warn you,in the. most 
solemn manner; against the baneful effects of the spir¬ 
it of party generally. 

This spirit, unfortunately, is inseparable from our 
nature, having its root in the strongest passions of the 
human mind. It exists under different shapes, in all 
governments, more or less stifled, controlled or repress¬ 
ed ; but in those of the popular form it is seen in its 
greatest rankness, and is truly their worst enemy. 

The alternate domination of one faction over anoth¬ 
er, sharpened by the spirit of revenge, natural to party 
dissension, which, in different ages and countries, has 
perpetrated the most horrid enormities, is itself a fright¬ 
ful despotism. But this leads, at length, to a more for¬ 
mal and permanent despotism. The disordersand mis¬ 
eries which result, gradually incline the minds of men 
to seek security and repose in the absolute power of an 
individual : and, sooner or later, thechief of some pre¬ 
vailing faction, more able or more fortunate than his 
competitors, turns this disposition to the purposes of 
his own elevation on the ruins of public liberty. 

Without lookingforward to an extremity of thiskind, 
(which, nevertheless, ought not to be entirely out ot 
sight,) the common and continual mischiefs of the spir¬ 
it of party are sufficient to make it the interest and du- 
tv of a wise people to discourage and restrain it. 








140 


THE NEW CONSTITUTION. 


It serves always to distract the public councils, and 
enfeeble the publicadministration. Itagitates the com¬ 
munity with ill-founded jealousies and false alarms ; 
kindles the animosity of one part against another ; fo¬ 
ments, occasionally, riot and insurrection. It opens 
the door to foreign influence and corruption, which 
find a facilitated access to the government itself, through 
the channels of party passions. Thus the policy and 
the will of one country are subjected to the policy and 
will of another. 

There is an opinion that parties, in free countries, 
are useful checks upon the administration of the gov¬ 
ernment, and serve to keep alive the spirit of liberty. 
This, within certain limits, is probably true ; and in 
governments of a monarchical cast, patriotism may 
look with indulgence, if not with favor, upon the spirit 
of party. But in those of the popular character, in 
governments purely elective, it is a spirit not to be en¬ 
couraged. From their natural tendency, it is certain 
there will always be enough of that spiritfor every sal¬ 
utary purpose. And there being constant danger of 
excess, the effort ought to be, by force of public opin¬ 
ion, to mitigate and assuage it. A fire not to be quench¬ 
ed, it demands a uniform vigilance to prevent its burst¬ 
ing into a flame, lest instead of warming, it should 
consume. 

It is important, likewise, that the habits of thinking 
in a free country should inspire caution, in those in¬ 
trusted with its administration, to confine themselves 
within their respective constitutional spheres, avoiding 
in the exercise of the powers of one department to en¬ 
croach upon another. The spirit of encroachment 
tends to consolidate the powers of all the departments 
in one, and thus to create, whatever the form of govern¬ 
ment, a real dospotism. A just estimate of that love of 
power, and proneness to abuse it, which predominates in 
the human heart, is sufficient to satisfy us of the truth 
of this position. The necessity of reciprocal checks in 
the exercise of political power, by dividing and distrib¬ 
uting it into different depositories, and constituting each 
the Guardian of the Public Weal against invasions by 
the others, has been evinced by experiments ancient and 
modern ; some of them in our country and under our 
own eyes. To preserve them must be as necessary as 
to institute them. If. in the opinion of the people, the 
distribution or modification of the constitutional powers 
be in any particular wrong, let it be corrected by an 
amendment in the way which the Constitution desig¬ 
nates. But let there be no change by usurpation ; for, 
though this, in one instance, may be the instrument of 
good, it is the customary weapon by which free govern¬ 
ments are destroyed. Theprecedent must always great¬ 
ly overbalance in permanent evil any partial and tran- 
scient benefit, which the use can at any time yield. 

Of all the dispositions and habits which lead to polit¬ 
ical prosperity, religion and morality are indispensable 
supports. In vain would that man claim the tribute of 
patriotism, who should labor to subvert these great pil¬ 
lars of human happiness—these firmest props of the du¬ 
ties of men and citizens. The mere politician equally 
with the pious man, ought to respect and cherish them. 
A volume could not trace all their connexions with pri¬ 
vate and public felicity. Let it simply be asked, Where 
is the security for property, for reputation, for life, if 
the sense of religious obligation desert the oaths, which 
are the instruments of investigation in courts of justice? 
And let us with caution indulge the supposition, that 
morality can be maintained without religion. Whatev¬ 
er may be conceded to the influence of refined educa¬ 
tion on minds of peculiar structure, reason and experi¬ 
ence both, forbid us to expect that national morality can 
prevail in exclusion of religious principle. 

It is substantially true, that virtue or morality is a 
necessary spring of popular government. The rule in¬ 


deed extends with more or less force to every species of 
free government. Who, that is a sincere friend to it, 
can look with indifference upon attempts to shake the 
foundation of the fabric ? 

Promote, then, as an object of primary importance, 
institutions for the general diffusion of knowledge. In 
proportion as the structure of a government gives force 
to public opinion, it is essential that public opinion 
should be enlightened. 

As a very important source of strength and security, 
cherish public credit. One method of preserving it is 
to use it as sparingly as possible : avoiding occasions of 
expense, by cultivating peace, but remembering also 
that timely disbursements to prepare for danger, fre¬ 
quently prevent much greater disbursements to repel it; 
avoiding, likewise, the accumulation of debt, not only 
by shunning occasions of expense, but by vigorous ex¬ 
ertions, in time of peace, to discharge the debts which 
unavoidable wars may have occasioned, not ungener¬ 
ously throwing upon posterity the burthen which we 
ourselves ought to bear. The execution of these max¬ 
ims belongs to your representatives, but it is necessary 
that public opinion should co-operate. To facilitate to 
them the performance of their duty, it is essential that 
you should practically bear in mind, that, towards the 
payment of debts, there must be revenue ; that to have 
revenue there must be taxes ; that no taxes can be de¬ 
vised which are not more or less inconvenient and un¬ 
pleasant ; that the intrinsic embarrassment, inseparable 
from the selection of the proper objects, (which is al¬ 
ways a choice of difficulties) ought to be a decisive mo¬ 
tive for a candid construction of the conduct of the Gov¬ 
ernment in making it, and for a spirit of acquiescence 
in the measures for obtaining revenue which the public 
exigencies may at any time dictate. 

Observe good faith and justice towards all nations; 
cultivate peace and harmony wfith all. Religion and 
morality enjoin this conduct; and can it be that good 
policy does not equally enjoin it ? It will be worthy 
of a free, enlightened, and, at no distant period, a great 
nation, to give to mankind the magnanimous and too 
novel example of a people always guided by an exalted 
justice and benevolence. Who can doubt that, in the 
course of time and things, the fruits of such a plan 
would richly repay any temporary advantages which 
might be lost by a steady adherence to it ? Can it be, 
that Providence has not connected the permanent felici¬ 
ty of a nation with its virtue ? The experiment, at 
least, is recommended by every sentiment which enno¬ 
bles human nature. Alas 1 is it rendered impossible by 
its vices ? 

In the execution of such a plan, nothing is more es¬ 
sential than that permanent inveterate antipathies against 
particular nations, and passionate attachments for others 
should be excluded ; and that in place of them, just and 
amicable feelings towards all should be cultivated. The 
nation which indulges towards another an habitual ha¬ 
tred, or an habitual fondness, is, in some degree, a slave. 
It is a slave to its animosity or to its affection, either of 
which is sufficient to lead it astray from its duty and its 
interest. Antipathy in one nation against another, dis¬ 
poses each more readily to offer insult and injury, to 
lay hold of slight causes of umbrage, and to be haughty 
and intractable, when accidental or trifling occasions of 
dispute occur. Hence frequent collisions ; obstinate, 
envenomed, and bloody contests. The nation, prompt¬ 
ed by ill-will and resentment, sometimes impels to war 
the government, contrary to the best calculations of pol¬ 
icy. The government sometimes participates in the na¬ 
tional propensity, and adopts, through passion, what 
reason would reject; at other times, it makes the ani¬ 
mosity of the nation subservient to projects of hostility, 
instigated by pride, ambition, and othersinisterandper- 







THE NEW CONSTITUTION. 


141 


nicious motives. The peace often, sometimes, perhaps, 
the liberty of nations has been the victim. 

So, likewise, a passionate attachment of one nation 
for another produces a variety of evils. Sympathy for 
the favorite nation, facilitating the illusion of an imag¬ 
inary common interest, in cases where no real common 
interest exists, and infusing into one the enmities of the 
other, betrays the former into a participation in the 
quarrels and wars of the latter, without adequate in¬ 
ducement or justification. It leads also to concessions 
to the favorite nation of privileges denied to others, 
which is apt doubly to injure the nation making the 
concessions; by unnecessarily parting with what ought 
to have been retained, and by exciting jealousy, ill-will, 
and a disposition to retaliate, in the parties from whom 
equal privileges are withheld ; and it gives to ambitious, 
corrupted, or deluded citizens (who devote themselves 
to the favorite nation) facility to betray or sacrifice the 
interests of their own country, without odium, some¬ 
times even with popularity ; gilding with the appearan¬ 
ces of a virtuous sense of obligation, a commendable 
deference for public opinion, or a laudable zeal for pub¬ 
lic good, the base or foolish compliances of ambition, 
corruption, or infatuation. 

As avenues to foreign influence in innumerable ways, 
such attachments are particularly alarming to the truly 
enlightened and independent Patriot. How many op¬ 
portunities do they afford to tamper with domestic fac¬ 
tions, to practice the arts of seduction, to mislead pub¬ 
lic opinion, to influence or awe the public Councils !— 
Such an attachment of a small or weak, towards agreat 
and powerful nation, dooms the former to be the satel¬ 
lite of the latter. 

Against the insidious wiles of foreign influence (I 
conjure you to believe me, fellow-citizens,) the jealousy 
of a free people ought to be constantly awake ; since his¬ 
tory and experience prove, that foreign influence is one 
of the most baneful foes of Republican Government.— 
But that jealousy, to be useful, must be impartial; else 
it becomes the instrument of the very influence to be 
avoided, instead of a defence against it. Excessive par¬ 
tiality for one foreign nation, and excessive dislike of 
another, cause those whom they actuate to see danger 
only on one side, and serve to veil and even second the 
arts of influence on the other. Real patriots, who may 
resist the intrigues of the favorite, are liable to become 
suspected and odious, while its tools and dupes usurp 
the applause and confidence of the people, to surrender 
their interests. 

The great rule of conduct for us, in regard to foreign 
nations, is, in extending our commercial relations, to 
have with them as little political connexion as possible. 
So far as we have already formed engagements, let them 
be fulfilled with perfect good faith. Here let us stop. 

Europe has a set of primary interests, which to us 
have none, or a very remote relation. Hence she must 
be engaged in frequent controversies, the causes of 
which are essentially foreign to our concerns. Hence, 
therefore, it must be unwise in us to implicate our¬ 
selves, by artificial ties, in the ordinary vicissitudes of 
her politics, or the oidinary combinations and collisions 
of her friendships or enmities. 

Our detached and distant situation invites and ena¬ 
bles us to pursue a different course. If we remain one 
people, under an efficient government, the period is not 
far off, when we may defy material injury from exter¬ 
nal annoyance ; when we may take such an attitude as 
will cause the neutrality, we may at any time resolve 
upon, to be scrupulously respected; when belligerent 
nations, under the impossibility of making acquisitions 
upon us, will not lightly hazard the giving us provoca¬ 
tion ; when we may choose peace or war, as our interest, 
guided byjustice, shallcounsel. 

Why forego the advantage of so peculiar a situation ? 


Why quit our own to stand upon foreign ground ?— 
Why, by interweaving our destiny with that of any part 
of Europe, entangle our peace and prosperity iu the 
toils of European ambition, rivalship, interest, humor, 
or caprice 7 

It is our true policy to steer clear of permanent alli¬ 
ances with any portion of the foreign world; so far, I 
mean, as we are now at liberty to do it; for let me not 
be understood as capable of patronising infidelity to ex¬ 
isting engagements. I hold the maxim no less appli¬ 
cable to public than to private aflairs, that honesty is 
always the best policy. I repeat it, therefore, let those 
engagements be observed in their genuine sense. But, 
in my opinion, it is unneccessary and would be unwise 
to extend them. 

Taking care always to keep ourselves, by suitable 
establishments, on a respectable defensive posture, we 
may safely trust to temporary alliances for extraordin¬ 
ary emergencies. 

Harmony, liberal intercourse with all nations, are 
reccommended by policy, humanity, and interest. But 
even our commercial policy should hold an equal and 
impartial hand; neither seeking nor granting exclusive 
favors or preferences; consulting the natural course of 
things; diffusing and diversifying by gentle means the 
streams of commerce, but forcing nothing; estsblishing 
with powers so disposed, in order to give trade a stable 
course, to define the rights of our merchants, and to 
enable the government to support them, conventional 
rules of intercourse, the best that present circumstan¬ 
ces and mutual opinion will permit, but temporary, 
and liable to be from time to time abandoned or varied, 
as experience and circumstances shall dictate; constant¬ 
ly keeping in view, that it is folly, in one nation to 
look for disinterested favors from another; that it must 
pay with a portion of its independence for whatever it 
may accept under that character; that by such accpt- 
ance, it may place itself in the condition of having 
given equivalents for nominal favors, and yet of being 
reproached with ingratitude for not giving more.— 
There can be no greater error than to expect or calcu¬ 
late upon real favors from nation to nation. It is an il¬ 
lusion, which experience must cure, which a just pride 
ought to discard. 

In offering to you my countrymen, these counsels of 
an old and affectionate friend, 1 dare not hope they will 
make the strong and lasting impression I could wish; 
that they will control the usual current of the passions, 
or prevent our nation from running the course, which 
has hitherto maked the destiny of nations. But if I 
may even flatter myself, that they may beproductiveof 
some partial benefit some occasional good; that they 
may now and then rocur to moderate the fury of party 
spirit, to warn against the mischiefs of foreign intrigues, 
to guard against the impostures of pretended patriot¬ 
ism; this hope will be a full recompense for the solicitude 
for your welfare, by which they have been dedictated. 

How far in the discharge of my official duties, I have 
been guided by the principles whichjhave been delineated 
public records and other evidences of my conduct must 
witness to you and the world. To myself the assur¬ 
ance of my own conscience is, that I have at least be¬ 
lieved myself to be guided by them. 

In relation to still subsisting war in Europe, my Proc¬ 
lamation of the 23d of April, 1793, is the index to my 
plan. Sanctioned by your approving voice, and^ by 
that of your Representatives in both Houses of Con¬ 
gress, the spirit of that measure has continually govern¬ 
ed me, uninfluenced by any attempts to deter or divert 
me from it. 

After deliberate examination, with the aid of the best 
lights I could obtain, I was well satisfied that our coun¬ 
try, under all the circumstances of the case, had a right 
to take, and was bound in duty and interest to take, a 





142 


THE NEW CONSTITUTION. 


neutral position. Having taken it, I determined, as far 
as should depend upon me, to maintain it, with moder¬ 
ation, preservance, and firmness. 

Tlie codsiderations, which respect the right to hold 
this conduct, it is not necessary on this occasion to de¬ 
tail. I will only observe, that, according to my under¬ 
standing of the matter, that right, so far from being de¬ 
nied by any of the belligerent powers, has been virtual¬ 
ly admitted by all. 

The duty of holding a neutral conduct may be infer¬ 
red, without anything more, irom the obligation which 
justice and humanity impose on every nation, in cases 
in which it is free to act, to maintain inviolate the rela¬ 
tions of peace and amity towards other nations. 

The inducements of interest for observing that con¬ 
duct will best be referred to your own reflections and ex¬ 
perience. With me, a predominant motive has been to 
endeavor to gain time to our country to settle and ma¬ 
ture its yet recent institutions, and to progress without 
interruption to that degree of strength and consistency, 
which is necessary to give it, humanly speaking, the 
command of its own fortunes. 

Though, in reviewing the incidents of my adminis¬ 
tration, 1 am unconscious of intentional error, I rm 
nevertheless too sensible of my defects not to think it 
probable that I may have committed many errors.— 
Whatever they may be, I fervently beseech the Al¬ 
mighty to avert or mitigate the evils to which they may 
tend. I shall also carry with me the hope, that my 
country will never cease to view them with indulgence; 
and that, after forty-five years of my life dedicated to 
its service with an upright zeal, the faults of incompe¬ 
tent abilities will be consigned to oblivion, as myself 
must soon be to the mansions of rest. 

Relying on its kindness in this as in other things, and 
actuated by that fervent love towards it, which is so 
natural to a man, who views in it the native soil of him¬ 
self and his progenitors for several generations ; I an¬ 
ticipate with pleasing expectation that retreat, in which 
I promise myself to realize, without alloy, the sweet 
enjoyment of partaking, in the midst of my fellow-cit¬ 
izens, the benign influence of good laws under a free 
government, the ever favorite object of my heart, and 
the happy reward, as I trust, of our mutual cares, la¬ 
bors, and dangers. 

GEORGE WASHINGTON. 

United States, Sept. 17th, 1796. 

Origin of the Names of the States. 

Maine was so called as early as 1638, from Maine in 
France, of which Henrietta Maria, Queen of Eng¬ 
land, was at that time proprietor. 

New Hampshire was the name given to the territory 
conveyed by the Plymouth company to Capt. JohnMa- 
son, by patent, Nov. 7, 1639 with reference to the pat¬ 
entee, who was Governor ofPortsmouth, in Hampshire, 
England. 

Vermont who so called by the inhabitants in their 
declaration of independence. Jan. 16, 1777, from the 
French verd, green, and mont, mountain. 

Massachusetts was named from a tribe of Indians in 
the neighborhood of Boston. The tribe is thought to 
have derived its name from the Blue Hills of Milton. 
“I have learned,” says Roger Williams, ‘that Massa¬ 
chusetts was so called from the Blue Hills.’ 

Rhode Island was so called in 1644, in reference to 
the Island of Rhodes, in the Mediterranean. 

Connecticut w T as so called from the Indian name of 
its principal river. 

New York was so called in reference to the Duke of 
York and Albany, to whom this territory was granted. 

Pennsylvania was so called in 1681, after William 
Penn. 

Deleware was so called in 1703, from Deleware Bay, 


■ on which it lies, and which received its name from 
Lord De La, Warr, who died in this bay. 

Maryland was so called in honor of Henrietta Maria, 
Queen of Charles I, in his patent to Lord Baltimore, 
J une 30,1632. 

Virginia was so called in 1584, after Elizabeth, the 
Virgin Queen of England. 

Carolina was so called by the French, in 1564, in 
honor of King Charles IX, of France. 

Georgia was so called, in 1792; in honor of King 
George II. 

Alabama was so called, in 1817, from its principal 
river. 

Mississippi was so called, in 1800, from its western 
boundary. Mississippi is said to denote the whole river, 
that is the river formed by the union of many. 

Louisiana was so called, in 1796, from the principal 
river. The word Tennessee is said to signify a curved 
spoon. 

Kentucky was so called, in 1782,from its principal 
river. 

Illinois was so called, in 1809, from its principal riv¬ 
er. The word is said to signify the river of men. 

Indiana was so called, in 1802, from the American 
Indians. 

Ohio was so called, in 1802, from the beautiful river, 
which forms its southern boundary. 

Missouri was so called, in 1821, from its principal 
river. 

Michigan was so called, in 1805, from the lake on 
its borders. 

Arkansas was so called, in 1819, from its principa 1 
river. 

Florida was so called by Juan Ponce De Leon, in 
1571, because it was discovered on Easter Sunday, in 
Spanish, ‘Pascua Florida.’ 


AN ACT 

To amend the act entitled an act to create the office of At¬ 
torney General a nd to prescribe his dut ies, passed Feb¬ 
ruary 16 th, 1846, and the act amendatory thereof. 

Sf.c. 1. Beit enacted by the General Assembly of the 
State of Ohio, That after the expiration of the term of 
office of the present incumbent, or a vacancy therein, 
by death, resignation, or any other event, the Attorney 
General shall be elected for the period of five years and 
no longer, by the electors of this State, in the same 
manner and at the same places as the Governor is chos¬ 
en, and all elections to said office of Attorney General 
shall be governed, in making up, certifying and for¬ 
warding returns, by the several acts regulating elec¬ 
tions for Governor, now in force, in this State. 

Sec. 2. LTpon proceedings instituted by the Attor¬ 
ney General in quo warranto, if the summons be re¬ 
turned not served, the clerk of the supreme court of 
Franklin county shall make out and cause to be pub¬ 
lished, for four successive weeks, in some newspaper 
published in said county, a notice of the filing of the 
information, setting forth the substance thereof, and if 
the defendant shall not plead to such information in 
thirty days after the last publication, judgment may be 
rendered on such default in like manner as if the writ 
had been returned duly served. 

Sec. 3. Nothing in the act to which this is amen¬ 
datory, shall be so construed as to prevent taking the 
depositions of witness whose residence may be out of 
the county of Franklin. 

Sec. 4. That all acts and parts of acts inconsistent 
herewith are repealed. 

JOHN G. BRESLIN, 

Speaker of the House of Representatives. 
BREWSTER RANDALL, 

Speaker of the Senate. 

March 19,1819. 









THE NEW CONSTITUTION. 


143 


ALABAMA, 

JOINT RESOLUTION PROPOSING AMENDMENTS TO THE 
CONSTITUTION. 

Be it resolved by the Senate and House of Representa¬ 
tives of the State of Alabama, in General Assembly con¬ 
vened, That the following amendments to the Constitu¬ 
tion of the State of Alabama be proposed to the people 
of said State, aud that if a majority of all the people vo¬ 
ting for representatives at the next general election 
thereof, shall vote in favor of the election of Judges of 
the Circuit Courts, and also of the Judges of the infe¬ 
rior Courts, by the people, and the next General Assem¬ 
bly shall ratify the same according to the Constitution, 
then the proposed amendment hereinafter set forth shall 
be valid to all intents and purposes, as part of the Con¬ 
stitution. But if a majority of all the people voting as 
aforesaid for representatives, shall vote for the election 
of Judges of the Circuit Courts, by the people, and the 
next General Assembly shall ratify the same according 
to the constitution, aud a majority of such voters for 
representatives shall not vote in favor of the election of 
Judges of the inferior courts by the people, or the same 
shall not be ratified, as aforesaid ; then the said pro¬ 
posed amendment, with the exception of, and without 
the following part therein, to wit: “ and for the election 
of Judges of the Courts of Probate, and other inferior 
courts, (not including Chancellors) by the qualified electors 
of the counties, cities or dislricts for which such courts may 
be respectively established ”—shall be valid to all intents 
and purposes, as part of the constitution :—And if a 
majority of all the voters, aforesaid, for representatives 
shall vote for the election of Judges of the inferior courts 
by the people, and the same shall be ratified, as afore¬ 
said, and a majority of said voters shall not vote for the 
election by the people, of the Judges of the Circuit 
Courts,—or the same shall not be ratified, as aforesaid, 
then the amendment hereinafter set forth, with the ex¬ 
ception of and without the following part of it, to wit: 
“for the elections of the Judges of the Circuit Courts by 
the qualified electors of their circuits respectively, and ” 
shall be valid, to all intents and purposes, as part of said 
constitution ; that is to say, at the end of the twelfth 
section of the fifth article of the constitution, add—But 
at and after the session of the General Assembly to be 
held in the winter of the years eighteen hundred and 
forty-nine—fifty—the General Assembly shall provide 
by law for the elections of Judges of the Circuit Courts 
by the qualified electors of their circuits, respectively, 
and for the elections of Judges of the Courts of Probate, 
and other inferior courts (not including Chancellors) by 
the qualified electors of the counties, cities or districts 
for which such courts may be respectively established. 
The first Monday in November, in any year, shall be the 
day for the election of such Judges by the peopie ; or 
such other day, not to be within a less period than two 
months of the general election for Governor, members 
of the General Assembly, or members of Congress, as 
the General Assembly may by law prescribe ; but no 
change to be made in any circuit or district, or in the 
mode or time of electing, shall affect the right of any 
Judge to hold office during the term prescribed by the 
constitution ; except at the first elections thereof, to be 
made by the people, after the ratification of these amend¬ 
ments, or either of them ; which elections shall then 
all be had on the same day throughout the State ; and 
the terms of the Judges then to be elected, shall com¬ 
mence on that day. Vacancies in the offices of Judge 
shall be filled by the Governor, and the persons appoint¬ 
ed thereto by him shall hold office until the next first 
Monday in November, or other election day of Judges, 
and until the election and qualification of their succes¬ 
sors respectively. And the General Assembly shall 


have power to annex to the offices of any of the Judges 
of the inferior courts, the duties of clerks of such 
courts respectively. 

Be it further resolved, That it shall be the duty of the 
Sheriffs, and other officers charged by law with the su¬ 
perintendance of the next general election for Repre¬ 
sentatives, to be held on the first Monday in August, 
in the year 1849, to ask each voter for Representatives, 
as he hands in his ticket—1st, Are you in favor of the 
election of Circuit Court Judges by the people ? and to 
indorse his answer upon his ticket, if in favor thereof, 
thus : Circuit Judges, yea ; or if against, thus : Circuit 
Judges, nay ; and to ask the voter—2d, Are you in fa¬ 
vor of the election of Judges of the inferior Courts by 
the people ? and to endorse his answer, if in favor there¬ 
of, thus: Judges of the Inferior Courts, yea; or if 
against, thus : Judges of the Inferior Courts, nay.— 
And the several Sheriffs and other returning officers, 
shall make their returns, respectively, of the vote upon 
the said proposed amendmants, and each of them with¬ 
in thirty days after said election, to the Secretary of 
State ; who shall communicate them to the Speaker of 
the House of Representatives, within the first week of 
the next session of the General Assembly. And for a 
faiiure to perform the duties herein prescribed, the said 
Sheriff, or other officers shall forfeit the sum of five hun¬ 
dred dollars, to be sued for and recovered as in other 
cases of forfeiture by public officers, to the State. And 
it is hereby made the duty of the Secretary of State, 
within sixty days after the next general election, afore¬ 
said, to notify the solicitors, respectively, of such fail¬ 
ure of the Sheriffs, or other officers. 

And be it further resolved, That the Secretary of State 
be required to cause these resolutions to be published for 
three months next before the said general election, in 
one newspaper printed in each of the following places, 
to wit: Mobile, Montgomery, Tuscaloosa, and Hunts¬ 
ville. 

L. P. WALKER, 

Speaker of House of Representatives. 

JOHN A. WINSTON, 

President of the Senate. 

Passed 1st March, 1848. 

From the South Bend Register. 

The Constitutional Convention in Indiana. 

We shall condense, as briefly as possible, our allu¬ 
sions to the amendments to the constitution which we 
deem expedient, commenting at more at length here¬ 
after. 

Biennial sessions of the Legislature, instead of 
annual, with a consequent extension of the Guberna¬ 
torial term to four years or its reduction to two years, 
so as to correspond to the legislative sessions. Illinois, 
Maryland, Georgia, Mississippi, Alabama, Tennessee, 
Louisiana and other states have tested this experiment, 
and find that legislative sessions but once every two 
years greatly diminish their state expenses, and ena¬ 
bles the people to ascertain what laws are passed by 
one Legislature, before its successor repeals them. 

Abolition of Associate Judges, or an increase of 
their duties and potcers. In Ohio, the side judges, as 
they are called, perform important duties, and thus in¬ 
crease the honors, the usefulness, the importance and 
the responsibility of the office. Either this should be 
done here, or the office might be dispensed with. 

Change of time of state elections, from August 
to October. To the farmer, August is always a busy 
| month, and many every year fail to attend the polls 
because they think they have not time to spare from 
their pressing work. Ohio and Pennsylvania, lying in 
the same latitude with us. wisely make their election 
day in October, when there is more leisure, while 









144 


THE NEW CONSTITUTION. 


Massachusetts, New York and Michigan defer it to 
November. 

No IMPORTANT STATE DEBT TO BE INCURRED eXCe.pt by 
a vole of the people. The past history of our state is 
the best argument in favor of this amendment. 

Curtailment of local legislation, by the enlarge¬ 
ment of the power of county boards, and a more pre¬ 
cise defining of their duties. This will require no ar¬ 
gument with any one. 

Exemption of the Homestead, under suitable and 
well guarded restrictions, to a limited amount—with a 
penalty of forfeiture for fraud. The exemption to act 
prospectively on debts hereafter incurred, and not re¬ 
trospectively on those already in existence. We have 
not room here to enlarge upon this, but we wish mere¬ 
ly to say that in a state constitution, it might be con¬ 
sidered proper simply to affirm the principle (as the 
present constitution affirms that of free schools) leav¬ 
ing subsequent legislation to enact all proper details. 

Leaving out minor suggestions, we sum up by a re¬ 
capitulation of the points to which we desire to seeour 
state constitution amended: 

1. Electing Judiciary by the People. 

2. Similarly electing all state officers. 

3. Single districts for Representatves. 

4. Biennial sessions of the Legislature. 

5. Thorough change in our Associate Judge system. 

6. Change of time of state election. 

7. Restriction of Legislative power to incur debt. 

8. Curtailment of Local Legislation. 

9. Exemption of the Homestead. 

These changes and provisions we believe will receive 
the hearty assent of the great mass of the people, irre¬ 
spective of party, when the subject has been thorough¬ 
ly canvassed before and by them. The convention 
that will be called to decide upon them might be chosen 
in such a manner as to completely shutoutpartizanship 
from its deliberations. How, we shall probably allude 
to hereafter, but with scarcely a shadow of a hope that 
it will be adopted. Desirable, as it undoubtedly is, that 
a convention to amend a state constitution should be, 
as far as possible, free from all political feeling whatev¬ 
er, we fear that the perversity of all persons will com¬ 
bine, (not by any direct avowal, but by their action,) 
to prevent the achievement of such a desirable consum¬ 
mation. Even if so, as we have already stated in our 
previous article, we would at this era of political calm, 
cheerfully risk the result with the conservatism and 
honor that exists, in a greater or less degree, in all par¬ 
ties. But we would immeasurably prefer that espe¬ 
cially in such a convention where there would be no 
political duties like those of a Legislature, there should 
be a truce by the combatants, even if an armed one. 


From the Tiffin Whig. 

The Constitution. 

The third article of our Constitution should be so 
amended as to embody the provisions which we here 
present. 

1st. Let us have justices courts—probate courts— 
county courts—district courts, and a court for the cor¬ 
rection of errors, viz :— 

2nd. Let justices be elected as at present, and give 
them jurisdiction in all civil suits arising upon con¬ 
tracts, when the amount in controversy does not ex¬ 
ceed one hundred dollars. Give them jurisdiction of 
crimes, and misdemeanors that are punishable by him 
alone; the accused having a right to demand a jury of 
six persons. 

3d. There should be one probate judge in each coun¬ 
ty, having exclusive jurisdiction in all matters of guar¬ 
dianship and administration. Parties in interest should 
have a right to appeal from the decisions of the probate 


judge to the county courts. He should hold a court 
on the first Tuesday in each month, for the transaction 
of probate business, and have aright to adjourn from 
daj' to day. Pie should be elected for two years. 

4th. County courts should have original jurisdiction 
in all cases both in law and equity, and an appeal 
should be allowed in all civil cases, to the circuit court. 
This court should have jurisdiction of all criminal ca¬ 
ses, except in cases of murder, in which the accused 
should have a right to a trial in the circuit court.— 
This court should have power to issue writs of error 
and certiorari, io review the proceedings of justices of 
the peace, as well as of the probate judges. There 
should be but one judge of this court. The term of 
service should be three years. 

The county commissioners should annually fix the 
times for holding county courts. 

5th. The state should be divided into five districts, 
each district to elect four judges. Those judges should 
fix the times for holding courts in their respective dis¬ 
tricts, and there should be at least two sessions within 
each county yearly. They should have original and 
sole jurisdiction of all cases of divorce or alimony, and 
try all appeals coming up from inferior courts. Writs 
of error and certiorari should be granted by this court, 
to review the actions of all inferior courts. 

These judges should be at least thirty years of age, 
and have resided within the state five years. They 
should be elected for four years, and so classed that one 
will be elected each year. Any two of the district 
judges should have power to hold courts. 

6th. The court for the correction of errors should 
meet once a year at the Capital, and be vested with the 
powers now belonging to our court in bank. 

This court should be composed of district Judges, one 
from each district, he being senior in commission. 

7th. There should be a clerk for the county and 
district courts, respectively, chosen for the term of 
three years. 

The judges and clerks of all our courts should be 
elected by the people, by counties and dislricts. This 
is but aii outline of the system which we favor. 

Lt. Lynch, the Winchester Republican states, is about 
to appropriate a large portion of the proceeds of his 
work on the Dead Sea, to the orphans of Lt. Dale, his 
first officer, who died while engaged in the expedition. 

O’Mr. White, the secretary to the meteorological so¬ 
ciety, has predicted that it is probable England may feel 
the shock of an earthquake between the 18th and 22d 
of July. 

0 = The 7th number of the New Constitution is on 
hand. This number contains the entire proceedings of 
the convention that framed our present constitution.— 
We hope thatthis journal will attain a wide ciraulation. 
ltbids fair to be a most admirable collection of facts and 
statistics that will be always valuable as matters of ref¬ 
erence. We may well call it “the richest dollar’s worth 
yet.”— Steubenville Daily News. 


THE NEW CONSTITUTION.. 

r BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ *• “ 10 00 

UTAH Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

[CT Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 














THE NEW CONSTITUTION. 


“power is always stealing from the many to the few.” 


Vol. I. Columbus, Ohio, Saturday, July 7, 1849. No. 10* 


Postage. —The postage on this work is the same as 
on a newspaper . 

Constitutional Reform in Texas. 

^The sense of the people of Texas will be taken 
on the following questions at the next election : Shall 
the Constitution of the state be so altered that the 
Judges of the Supreme Court, Judges of the District 
Courts, Attorney General, District Attorneys, Comp¬ 
troller of Public Accounts, Treasurer of the State, and 
the Commissioner of the General Land Office, 
hereafter be elected by the people ? Should these 
amendments be sustained by a vote of a majority of the 
people, it will still require two-thirds of the Legisla¬ 
ture to confirm them. 

Election of Judges by the People. 

We hope none of our readers will fail to peruse with 
care and attention, the able argument in our columns, 
to-day, in favor of an elective Judiciary, copied from 
the Democratic Review. 

The Single District System in Alabama. 

In our last, we published the joint resolution of the 
Legislature of Alabama, allowing the people to vote yea 
or nay, on so changing the Constitution as to provide 
for the election of Judges by the people. In another 
column, we give a joint resolution, passed by the same 
Legislature, for a further change of the Constitution, so 
as to allow Senators and Representatives to be elected 
by single districts. 

Erlt is due to the individual with whom originated 
the bill which passed at the last session“to give addition¬ 
al security to land titles in this State,” to remark 
that the phrase “which right of action shall or 
may have occurred ,” which is to be found at the 12th 
bne of the 2d Section of the act, ought to be “whose 
rights of action shall or may have accrued,” as it was 
in the original bill. The error occurred in the enroll¬ 
ment of the bill. 

Depression of Property io Montreal. —The Mon¬ 
treal Gazette of Tuesday, states the following fact, as 
indicative of low 6tate of property in that city: 

Sheriff’s Sale .—Yesterday four cut stone houses four 
stories high ,with shops,covering a lot of 90 feet front by 
100 feet deep, was sold at sheriff's sale for £800, ($3,* 
200.) The property is situated on Wellington street, 
Griffintown, and belonged to Mr. Tully. We heard it 
stated that the ground alone on which this property is 
situated cost £1,400, a few years ago. Such is the de¬ 
pression of property in this city at present. 


“Power is always Stealing from the 3Iauy to 
the Few.” 

The sentence which heads this article, we adopt 
as the motto of the “New Constitution.” It is brief and 
pointed—a truism, proven by the history of the world, 
and shown in the experience of every day life. 

In the darker ages, when superstition and ignorance 
hung as a black pall, and almost crushed the very 
germe of liberty, power made its most rapid strides, and 
mankind was mainly divided into two classes, the 
rulers and the ruled—the lords and the serfs—the former 
commanded, the latter knew but little except the duty 
of prompt obedience. 

As the mists of ignorance and superstition were dis¬ 
pelled, by the discovery and perfection of the art of 
printing—man began to talk to his fellow man of 
natural rights, and though their notions were crude, yei 
the spark was enkindled, and though for many a day, 
it emitted no light, yet still was it there, ready to be 
fanned into aflame. 

The monarch, whenever fortune gave him the 
chance, grasped the power of the noble, the freemen 
and the peasant, and robbed them of rights secured 
by the law and by custom. If too weak to resist the 
power of the crown, the nobles in like manner ab¬ 
stracted from the rights of the peasantry—the toiling 
millions of the Old World. Far the latter, there was 
no redress. 

in our Republic, the truth of the assertion that “pow¬ 
er is ever stealing from the many to the few,” has been 
verified. A bold avowal of intentions would frustrate 
the end sought to be gained by those who seek power 
for the pleasure and the profit it brings, and hence no 
avowal of principles is mode, but deeply veiled under 
the various names of “implied powers,” “vested rights,’ 
“chartered privileges,” &c., the admirers, and seekers 
after privilege, attempt, and too often succeed, in their 
designs. 

The Legislature stole power from the people, where 
it rightfully belonged, when the Constitution vested in 
It the power of electing State officers, and in like man¬ 
ner the Courts gained power, not rightfully in a Re¬ 
publican government belonging to them, when thesame 
Constitution vested a portion of the appointing power 
in the Judges. 

The Declaration of Independence proclaims the fact 
that all men are created free and equal, and our form of 
government is based upon a perfect equality of all who 
enjoy the elective franchise, yet the law steps in, and 






















146 


THE NEW CONSTITUTION. 


gives to one man,privileges which it denies to another— 
gives power to the few, which it denies to the many. 

These wrongs are to be lighted—the hands of these 
pilferers stayed. The sovereign power of the Republic 
—such is the theory of our government—is in the hands 
of the people. Their fiat is law. The Constitution 
which gave to the Legislature and to the Courts the 
power of which we complain, was never sanctioned by 
them and is only claimed to be binding, because it 
has been silently acquiesced in for forty-six years.— 
When that instrument passes again under review and 
is amended or remodeled, the people will decide upon 
it at the ballot boxes, and accept or reject it, as to them 
seemeth right and proper. If they believe that, iu its 
amended form, it will secure the great end of govern¬ 
ment, protecting the lives, the property, and the rights 
of the people from infringement, they will accept it, if 
not they will decide against it, and choosing other del¬ 
egates, will persevere until Ohio is blessed with such 
a Constitution as shall be in consonance with the pro¬ 
gressive spirit of the age. 

Governments, in the old world, are ponderous ma¬ 
chines, without either strength or beauty—the complex 
machinery of which has a tendency to weaken them. 
Experience, within the last three quarters of a century, 
has taught us that the more simple the machinery, the 
stronger and more stable and the better the government; 
and hence each state constitution is an improvement 
upon the last, because it better guards the rights of the 
people and simplifies the machinery of government.— 
Most of the states older than Ohio, have constitutions 
differing now from those which they had in 1802, when 
Ohio was admitted into the Union, and many of those 
admitted since Ohio became a state, have remodeled 
theirs in order to secure additional rights to the people, 
or to blot out the errors which experience showed [to 
be so. 

With a new constitution carefully, wisely and pru¬ 
dently framed, the state government of Ohio can be 
more economically administered. 

The length of the legislative sessions can be curtail¬ 
ed by depriving the General Assembly of the power of 
acting on divorces, and on much of the other local leg¬ 
islation which can better be transacted in the counties, 
than in the legislative halls, leaving to the courts, on a 
fair trial and an examination of witnesses, the sole 
power of granting divorces. 

Much of the party spirit visible at each session, in 
the halls of legislation, can be abated by taking from 
the General Assembly the power of electing Judges 
and State officers, and it will be giving back to the peo¬ 
ple the power wrongfully taken from them. 

Public officers are the agents of the people for the 
transaction of certain duties. The members of the 
Legislature are not chosen, as many of them too fre¬ 
quently believe, to do the bidding of their own wishes, 
but to represent the wants and the views of those 
whose delegates they are. In the very nature of things, 
t is necessary that the people should delegate a portion 


of their power, for it is impossible that they can meet, 
as do the people of the towns of New England, in mass 
convention, and enact laws, for the extent of boundary 
and the number of inhabitants in the State forbid it.— 
It is not necessary, however,that business which the peo¬ 
ple in their aggregate capacity can perform, should be 
delegated. The election of all state officers is a duty they 
can perform just as easy,and a great deal better, than can 
the members of the Senate and House of Representa¬ 
tives. This right of election, given by the constitution, 
is a portion of that power which is ever stealing from the 
many to the few. 

All power taken from the people, and vested in the 
Courts, the Legislative or Executive Departments of 
the State Government, and which can be exercised by 
them, should be restored to the rightful owners. If 
they are capable of governing themselves, then they 
are the safest depository of the right to elect all officers 
created by the laws—the safest judges when the state 
debt needs increasing. If they be not capable of self- 
government, then the whole theory of our government, 
both State and National, is based upon a false founda¬ 
tion, which soon must give way, burying the whole fab¬ 
ric in ruins. This not being the case, for the people of 
this Union have shown their capacity for self govern¬ 
ment, and we hence claim it to be a fact, which can¬ 
not be successfully controverted, that that portion of 
the State Constitution, which gives to the Courts the 
power to elect Clerks, and to the Legislature the pow¬ 
er of electing State officers, takes from the people a 
right, which they are more capable of exercising, than 
are the authorities which now, under the Constitution, 
usurp it. 

The Growth of the West. 

The following advertisement, which appeared in the 
Lexington “ Kentucky Gazette,” (the first newspaper 
published west of the mountains,) of September 6, 
1778, is published to show the rapid growth of the 
West : 

“NOTICE.—The subscribers, being proprietors of 
a tract of land opposite the mouth of the Licking 
river, on the north-west side of the Ohio, have deter¬ 
mined to lay off a town upon that excellent situation. 
The local and natural advantages speak its future pros¬ 
perity, being equal, if not superior, to any on the bank 
of the Ohio between the Miamis. The in-iots to be 
each half an acre, the out-outs four acres, thirty of 
each to be given to settlers upon paying one dollar and 
fifty cents for the survey and deed of each lot. The 
15th day of September is appointed for a large compa¬ 
ny to meet in Lexington, and mark a road from there 
to the mouth of the Licking, provided Judge Symmes 
arrives, being daily expected. When the town is laid 
off, lots will be given to such as may become residents 
before the 1st day of April next. 

MATHIAS DENMAN, 
ROBERT PATTERSON, 
JOHN FILSON. 

Lexington, Ky., Sept. 6, 1778.” 

The “ town ” thus to be laid off, upon that tract of 
land, is now the city of Cincinnati —famed throughout 
the world for its commercial advantages and the enter- 








THE NEW CONSTITUTION. 


147 


prise of its citizens, and now numbering over 100,000 
inhabitants. 

It was in view of such rapid improvements as this 
that the French poet, speaking of the United States, 
said: 

“ They build a city, as we build a street.” 

During the month of April, before the date of the 
advertisement, Ohio received her first settlers. The 
North-west Territory was then unsettled. Now Ohio 
has a population of over two millions of souls, and 
Indiana, Illinois, Michigan and Wisconsin, all formed 
out of the territory, are states rapidly augmenting 
their population, and are beginning to take that posi¬ 
tion in the national councils that their population, 
wealth and resources entitle them. In Europe, such 
a change would be the work of centuries, and even 
then would be regarded with amazement—here it is 
but the work of but little more than half a century. 

The French Republic. 

No one hailed the advent of La Belle France into the 
family of Republics more sincerely or more enthusias¬ 
tically than ourselves. The Provisional Government, 
though chargeable as we thought with some serious er¬ 
rors, was yet republican in its character and tendencies, 
and its public papers breathed the spirit of liberty and 
independence. It boldly asserted its sympathy for the 
friends of freedom everywhere, and avowed a manly de¬ 
termination to suffer no foreign or extraneous aid to be 
brought to bear against those who were, or should here¬ 
after be, engaged in a struggle similar to their own 
against the despots who assumed to rule them by divine 
right. 

This was just, and manly, and noble; and our hearts 
thrilled with pride and gratitude, as we saw our ancient 
friend and ally thus proudly bearing herself in the face of 
the world. But alas for the glory and chivalry of France 
—these noble declarations, which filled the hearts of 
all lovers of freedom with admiratiom, and caused many 
a warm aspiration for the great nation to ascend to 
Heaven, have been most sadly falsified. The tri-color¬ 
ed flag which we fondly hoped to see ever waving in 
the van of freedom’s hosts, the rallying symbol for the 
brave oi every nation—that flag has been wrested from 
its high and holy purposes, and is now leading the ar¬ 
mies of France against the citizens of ancient Rome 
in the unholy attempt to crush the spirit of liberty 
which, after the slumber of a thousand years, seems to 
have awoke, in giant strength, to battle against its op¬ 
pressors. 

We look at the accounts with wonder. We ask our¬ 
selves is it possible this can be true? Is France really, 
without provocation or excuse, madly and impiously 
warring against another people for doing what she her¬ 
self has just consummated with such pride and joy? 
By what plea can she excuse an act so atrocious, and 
so at war with her professed principles and policy? 

We confess we can see no palliation for so gross a 
violation of her plighted faith, and so open and flagrant 
an outrage upon the rights of another people. It ex¬ 
ceeds in enormity the partition of Poland—the attack 
of the English on Copenhagan—or their more recent 
demonstration against China and the Punjaub. We 
are sorry to speak thus of our old friends, but we blush 
for such an example from those professing to be repub¬ 
licans. The tools of monarchy—the slaves of despo¬ 
tism might thus war against the rights of the people; 
but no genuine friend of liberty could sanction such a 
war.— Balt. Aryus. 


Written for the New Constitution. 
REFORM OF TIIE JUDICIARY. 

Col. Medary :—This is an age of reform. Legisla¬ 
tion, science, literature, the arts, in short, all things 
bear evident marks of the developement and progress 
which are characteristic of the time. In the march of 
the old Past, to something better in the future, we are 
permitted to indulge the reasonable hope that the sadly 
shattered organic law of our own great state will have 
good cause to exclaim with the beatitude of the sage, 
Plowden—“Blessed be the amending hand.” There is 
sad need of some change. The scant robe of the cra¬ 
dled infant, cuts but a sorry figure on the full grown 
woman, and there would be much room for laughter in 
the spectacle, if it were not too serious for mirth.— 
There is scarcely a department of government in 
which abuses are not crying out loudly for reform, and 
perhaps no department needs amendment more than 
the judiciary. Upon this subject, by your permission, 
I propose putting down a few practical suggestions, for 
your excellent paper, as it is the advocate and organ of 
that spirit of reform which is abroad among the people. 

Among every well governed people the constitution 
of the judiciary is carefully regarded. By the tenure 
of judicial decision the life and property of the citizen 
are held. Upon an adequate protection of these much 
of the stability of government depends, for no code of 
laws can long secure either the respect or obedience of 
the governed, if it fail to protect them in the enjoyment 
of ttieir legal rights. This is the first duty of govern¬ 
ment. It is the consideration that binds the agree¬ 
ment of submission. The citizen yields his natural 
right of defending his person and property, but upon 
the condition that government shall secure to him all 
his natural and conventional rights save those that are 
given up. This is the contract of allegiance, or, more 
properly speaking, of submission and protection, and a 
violation on the one part, in natural justice makes it 
voidable on the other. Thus if a person, for some real 
or imaginary outrage, kill his neighbor, he violates the 
contract by which he has agreed that government may 
redress his wrongs. Government then withdraws her 
protection. But she does not stop here. She owes a 
duty to good citizens which she cannot hesitate to per¬ 
form, and the criminal must atone to the violated laws 
for an offence against public justice. 

Men, too, are usually equally tenacious of their 
property as their lives, and will bear with no more qui¬ 
etude a spoliation of their goods than a violation of 
their personal security. It follows, then, that the first 
care of a wise government should be a well organized 
judiciary, and in this, I grieve to say, we are wofully 
deficent, much more so than at first blush we are wil¬ 
ling to believe. 

Let us glance, for an instant, at the constitution of 
the court of common pleas. In many circuits the de¬ 
cisions of this court have become proverbs of bad tem¬ 
per and worse law. And this is not a matter of very 
great surprise when we reflect that the duties of a cir¬ 
cuit judge are so manifold and exhausting that it would 
require a constitution of iron to bear the physical fa¬ 
tigue, and the unremitting closeness of mental applica¬ 
tion necessary to anything like a respectable discharga 
of the severe and laborious duties of his station. True, 
our present system, in its provident wisdom, gives him 
three associates to lighten his labors, but it might as 
well have given him three stuffed Paddies for all the as¬ 
sistance they can render. At best they are mere cy¬ 
phers on the bench, and when they attempt to assist 
they are an absolute clog upon the transaction of bu¬ 
siness. They do nothing but what could be better 
done without them. Their assistance, then, goes for 
nothing. The whole business of the court rests upon 
the president judge alone, and to him is presented the 









14S 


THE NEW CONSTITUTION. 


pleasing alternative of either ruining his own health 
by mental labor, or guessing at the fights of parties lit¬ 
igant, leaving chance to direct the correctness of his 
decisions, and allowing the legal principles involved in 
each case to remain as much in the dark after his de¬ 
termination as before. The experience of every law¬ 
yer will confirm the truth of this, and the Ohio Re¬ 
ports bear disgraceful witness that these guessing decis- 
ons are familiar also to the highest judicial tribunal in 
the state. They are filled with false reasoning and 
miserable law ! 

It may be asked why these objections cannot be ob¬ 
viated by increasing the number of judicial circuits, 
without recourse to constilutional reform? This 
would not fully meet the necessities of the case, for 
there are things to be considered other than the inces¬ 
sant labor consequent upon the position of circuit 
judge. 

The court of common pleas, as now constituted, em¬ 
braces the separate and distinct functions of three 
courts—a court of law, a court of chancery, and a 
probate court These are distinct in their nature, and 
should not be flung together in an indiscriminate hotch¬ 
potch. Certainly more consistent]and correct decisions 
might be had by entrusting each distinct function to a 
separate jurisdiction. Reliance might then be placed 
in the settled precedents of each court, and after a care¬ 
ful determination of principles, attended with such pa¬ 
tient labor and investigation as could then with propri¬ 
ety be given them, they might be safely quoted with¬ 
out fear of awaking a sneer at least upon the face of 
the neophyte in parchment and black-letter. 

A judge should be a thorough lawyer in that depart¬ 
ment over which he presides. One lifetime is too 
short for any individual to become perfect in every de¬ 
partment of legal knowledge, and hence the necessity 
for division. You see a common pleas judge turning 
from a technical investigation of the nicest points 
which a demurrer can raise ( in relation to correct plead¬ 
ing, to the broadest equities of a bill in chancery ; 
or from the most delicate questions of the competency 
of evidence, to the liberal construction of a devise by 
will ; from interminable calculations of cent per cent, 
to the highest principles of constitutional law ; from 
the descent of property, vexed questions of title, and 
the subtle niceties of the lex mercutoria, to the settle¬ 
ment of a guardian’s account, or a proceeding upon at¬ 
tachment for the remissness of an administrator—and 
yet you expect that he should be equally perfect in all. 
But you expect in vain ; for it is beyond the bounds of 
mortal possibility. 

Look, also, at the manner in which administrator’s 
and executor’s accounts are settled. They never re¬ 
ceive more than a cursory investigation, and are never 
referred to a master unless litigated. It being an ex 
parte proceeding, (the administrator or executor being 
the only party really before the court,) and binding 
too upon the heirs, whether minors or of full age, it 
should have the closest investigation and the strictest 
scrutiny. It may be said that if the administrator has 
been guilty of fraud, this proceeding is not conclusive 
against the heirs. This is true. But a subsequent ac¬ 
tion to estab'.ishtheir rights, throws upon them the affir¬ 
mative, when the onusprobandi really should rest upon 
thedelinquent, and upon him it would be in the settle¬ 
ment if the examination and proceedings were strict 
enough to be other than a solemn farce. 

If there were a separate probate jurisdiction, much 
injustice and difficulty would be avoided. Due time 
and labor could be bestowed upon the consideration of 
each account, testimony taken pro and con where it 
could give additional light, and all the facts fully under¬ 
stood before a decision concluded the rights of the par¬ 
ties in interest. 


Jurisdiction in these cases might be given to a sepa¬ 
rate judge, but in this case each judge would have to be 
provided with a circuit composed of several counties in 
order that the salary would justify him in devoting the 
time and attention requisite to a proper discharge of 
his duties. Such a course would perhaps be liable to 
some objection, as this tribunal, for the convenient dis¬ 
patch of business, should be constantly in session, or 
constantly open for the transaction of business. It 
would probably be better to make the county clerk ex 
officio probate judge, if it would not too greatly inerease 
the duties of his office, as by this course each county 
would have a separate probate jurisdiction. 

As probate business forms the chief occupation of 
associate judges, as such, oxe could by this arrange¬ 
ment dispense with the existence of these solemn judi¬ 
cial cyphers—“ a consummation devoutly to be wish¬ 
ed.” Their other powers can be safely conferred upon 
the clerk. Give him jurisdiction upon writs of habeas 
corpus, and repeal that odious statute allowing associate 
judges the right to discharge, remand or let to bail per¬ 
sons in confinement charged with the perpetration of 
crime, and you have disposed of all their functions, for 
the allowance of injunctions must, ex necessitate rex, 
belong to the chancellor. 

To be brief then. I think our entire system might 
be remodeled with advantage, somewhat after the fol¬ 
lowing fashion. 

1st. A Supreme Court, holding session in Bank, as 
at present, consisting of five Judges, and each one be¬ 
ing a quorum to do business, so that the Supreme 
Court could be in session in five counties at the same 
time. This would enable them to give that attention 
to business which is necessary to a proper understand¬ 
ing of the rights of the parties before them, and a cor¬ 
rect administration of the same. 

2d. A High Chancellor to be constantly in session at 
the capitol, and having both original and appellate ju¬ 
risdiction. This is necessary to preserve that division 
of power in the higher courts, which I suggest in the 
lower. The reason is obvious why this division should 
be maintained. In the ordinary course of professional 
advancement, the Judges of the lower courts may find 
themselves invested with the ermine of the higher; and 
it is important in such cases that each should be called 
to that field for which he is fitted by previous training 
and study. 

3d Courts of law, consisting of one Judge, and hav¬ 
ing jurisdiction only of actions at law, from which an 
appeal will lie direct to the Supreme Court on circuit, 
and subject to reservation for decision in Bank. 

4th. Courts of Chancery, consisting of one judge, 
having jurisdiction only inequity, from the decisions 
of which an appeal may be taken in all cases to the 
High Chancellor. How far the jurisdiction of this 
court should be sole, and how far concurrent with that 
of the High Chancellor is a nice question; but one I 
need not discuss here, as I am only blocking out a 
rough chart of reform. 

[It may be objected to this division that it will too 
greatly lessen the duties of each court, but this objec¬ 
tion I imagine, is not a w’eighty one, as it maybe easily 
obviated by enlarging the circuit of each. 

5th. A separate Probate jurisdiction as uli supra. 

6th. Jurisdictien to the clerk, ex-officio, upon writs 
of habeas corpus. 

With a Judiciary so constituted it might be reasona¬ 
bly expected, that the decisions of our courts would be 
dignified and liberal in tone and character, and respect¬ 
able at least in ability. Each year w T ould not, it is 
hoped, bring anew settlement of an old principle ad¬ 
verse to the last decision. Such is the case now'. And 
we may w r ell expect any anomaly of legal decision, 
when a Chief Judge of Ohio ordered a man to be hang- 





THE NEW CONSTITUTION. 


149 


ed upon a division of the court as to the regularity of 
the proceedings against him, but would have compelled 
the execution of the sentence, but for the interposi¬ 
tion of executive clemency. But I will not waste 
time upon the decisions of the Supreme Court. One 
of the most gifted minds in Ohio, has done them jus¬ 
tice ina series of caustic reviews, which have scarce a 
parallel for severity of censure and honest truthfulness 
of reprobation. PROGRESS. 

ALABAMA. 

Joint Resolution. 

Proposing certain amendments to the Constitution of 
the State of Alabama. 

Section 1 . Be it resolved by the Senate and House of 
Representatives of the State of Alabama in General As¬ 
sembly conpened.That the following amendments be and 
the same are hereby proposed to the Constitution of the 
State of Alabama: 

“Strike out the ninth section of the third article of 
the constitution” and in lieu thereof insert the follow¬ 
ing : 

“Section 9. The General Assembly shall cause an 
enumeration to be made in the year eighteen hundred 
and fifty and eighteen hundred and fifty-five, and every 
ten years thereafter, of all the white inhabitants of the 
State, and the whole number of representatives shall at 
the first regular session after such enumeration, be ap¬ 
portioned among the several counties, cities or towns 
entitled to separate representation, according to their 
respective number of white inhabitants, and the said ap¬ 
portionment, when made,shall not be subject to altera 
tion until after the next census shall be taken—the num¬ 
ber of Representatives shall not exceed one hundred, 
and the number of Senators shall not exceed thirty- 
three; yet each county notwithstanding it may not have 
a number of white inhabitants equal to the ratio fixed, 
shall have one representative.” 

Strike out the thirteenth section of the third article 
of the constitution, and insert in lieu thereof the follow¬ 
ing: 

“Sec. 13. Senators shall be chosen fortheterm of four 
years: Yet at the general election after every new ap¬ 
portionment, elections shall be held anew in every sen¬ 
atorial district, and the Senators then elected, when 
convened at the first session thereafter, shall be divided 
by lot into two classes as nearly equal as may be. The 
seats of those of the first class shall be vacated at the 
expiration of two years, and those of the second class, 
at the expiration of four years, dating in both cases from 
the day of election, so that one half may be biennially 
chosen, except as above provided.” 

See 2. Be it further Resolved, That the sheriffs and 
other officers, holding elections on the first Monday in 
August, eighteen hundred and forty nine, shall ask of 
each voter as he deposites his ballot, are you in favor of 
“Resolution Number 1,”foramendingtheconstitution, 
and shall register his vote according to his answer, and 
make due returns thereof: Provided, that each voter 
may endorse on his ticket “For Resolution Number 
one,” or “Against Resolution Number one,” of all of 
which said sheriff or other officer shall make due return 
to the Secretary of State according to the constitution, 
and within thirty days after the election. 

L. P. WALKER, 

Speaker of the House of Representatives. 
JOHN A. WINSTON, 

President of the Senate 

Passed 4th March, 1848. 

O^'The end of society is the public good, and the 
institution of government is to secure to every indi¬ 
vidual the enjoyment of his rights.” 


The Practice of Law—Its Simplification. 

The editor of the Jackson “ Mississippian ” has an ar* 
tide on the subject of simplifying the practice of law, 
from which we take the following : 

“ It is worthy of remark, that N. York, which has 
now taken the lead in simplifying the practice of the 
law, is the principal common law State from which we 
derive our precedents in practice. The reports of ca¬ 
ses decided in that State are in the law library of most 
of the profession ; and, indeed, there is no more enlight¬ 
ened bar or judiciary in any portion of Europe. C han¬ 
cellor Kent will compare favorably with any of her law¬ 
yers of the present day. 

“ Under existing circumstances, the practice of law is 
really more of a lottery than a science. A case lawyer, 
or one who argues principally upon the analogy be¬ 
tween the cause of his client and of those recorded in 
the books, can find almost any sort of decision. He 
will take up a case, involving the same principles of 
law, and it may be decided one way in the English 
courts, and another in our own—one way in New York, 
and another in Kentucky—one way in Georgia, and an¬ 
other in Tennessee, and he may very likely find con¬ 
flicting decisions in the judiciary of his own State.— 
Nor is this at all singular, when we reflect upon the sit¬ 
uation of judges and lawyers. The whole mass of com¬ 
mon law of every State, and of England, also, is before 
them in the settlement of every disputed point at issue 
—and probably upon the same point the most learned 
jurists have differed. These points are continually aris¬ 
ing, and causing appeals to be taken from one court and 
another, and the consumption of much time, the expen¬ 
diture of a large amount of money, and the consequent 
excitement of fear and distrust in the justice of all our 
tribunals. 

“ Hence the necessity of reducing the common law 
to some definite system of precedents, suited to our laws 
and usages and to the spirit of American institutions. 
It is a work which may be performed, and the salutary 
results to follow, call loudly for the experiment at the 
earliest day. The forms of procedure in a suit at law 
or a bill in chancery, have nothing to sustain them from 
ridicule and contempt but the smoothing palliative of 
lo ng usage. And were one of our judges to put on the 
curly wig, the three cornered hat, the crimsoned 
breeches and the gown of an old English judge, he would 
not be less worthy of laughter to the people of our more 
utilitarian country. Punch does not much overcharge 
the picture, when he gives the following illustration of 
an interrogatory in chancery : 

« ‘Whether John Jones, on such a day, and at such a 
place, did, should, could, would, might or ought; or 
whether he didn’t, shouldn’t, couldn’t, wouldn’t, 
mightn’t; or if he didn’t,shouldn’t, couldn’t, mightn’t, 
or oughtn’t, why didn’t he, shouldn’t he, couldn’t he, 
wouldn’the, mighten’the, or oughten’t he ; and if not 
such a day, and at such a place, then whether at some 
other, and what day, and place he did, should, could, 
would, might, or ought; or whether he didn’t, shouldn’t, 
couldn’t, wouldn’t, mightn’t, or oughtn’t ; or under 
some other, and what peculiar, if not peculiar, under 
some other, and what circumstances ; and if not, why 
not, or how otherwise.’ 

“ There are, also, the forms common to the sale and 
transfer of real and personal estate, embracing deeds, 
bonds, mortgages, &.C., which, though constantly de¬ 
manded by all classes, are so filled up with useless tech¬ 
nicalities and repetitions, that no business man, howev¬ 
er intelligent in the affairs of his profession, can trust 
himself to incur the responsibility of drawing out a le- 
o-al form without the aid of a lawyer. We contend that 
all these things should be as familiar to us as a common 
note of hand or a question in the school arithmetic.— 









l5'J 


THE NEW CONSTITUTION. 


Not one of the forms should be unknown to a school 
boy ; and there should be no more necessity of calling 
in a lawyer to draw up a deed of bargain and sale, than 
a school master to make out an account. 

“ These subjects have in all ages received the impress 
of a reforming haud. We may regard the efforts of 
Justinian, of Napoleon Buonaparte and of Thomas Jef¬ 
ferson, as signal attempts to reach beyond the existing 
crude and undigested theories of their times, to some- 
thingmore in unison with the progress of society and 
the wants of trade and commerce. The effort on the 
part of New York, is a link in the same chain, and we 
shall see its results commend the reform, to the atten¬ 
tion of the whole Union. Its spread will be co-equal 
with it, and we trust that Mississippi will be among the 
first to advance its progress.” 

In the symplification of the practice, the language of 
the law is a stumbling block which needs to be cleared 
away before a real and thorough reform can be had.— 
Capt. Marryatt gives not an overcharged picture, when 
he states its origin and intention, as follows: 

“ There is a slight difference between language in 
general and law language. The first was invented to 
enable us to explain our own meaning, and comprehend 
the ideas of others ; whereas, the second was invented 
with the view that we should not be able to understand 
a word about it. In former times, when all law, except 
club law, was in its infancy, and practitioners not so 
erudite, or so thriving as at present, it was thought ad¬ 
visable to render it unintelligible by inventing a sort of 
lingo, compounded of bad French, grafted upon worse 
Latin, forming a mongrel and incomprehensible race of 
words, with French heads and Latin tails, which an¬ 
swered the purpose intended—that of mystification.” 

AN ACT 

To amend the act passed March 5,1842, entitledan act 
to regulate the mode of collecting debts against turn¬ 
pike companies, in which the Slate is a stockholder, and 
to authorize the companies to appropriate their por¬ 
tion of the tolls for the completion of the roads, and 
for other purposes, ” and the several acts amendatory 
thereof. 

Sec. 1. Be it enacted by the General assembly of the 
State of Ohio, That whenever any turnpike road, with¬ 
in the provisions of this principal act, to which this [is] 
an amendment, shall pass through two or more coun¬ 
ties, the court of common pleas of the county in which 
a bill shall be first filed, under the provisions of the 
act last mentioned, shall have exclusive jurisdiction to 
appoint a receiver; manage and distribute the fund 
thereby accumulated ; audit and allow the receiver’s 
accounts; pay the claims of creditors; and take cogni¬ 
zance, in all respects of the cause so brought into court, 
according to the course of oquity jurisprudence. 

Sec. 2. And be it further enacted, that when any 
bill shall be filed, as aforesaid, it shall be the duty of 
the complainant, or complainants, to give notice of the 
pendency and prayer thereof, by advertisement in one 
newspaper published in each of the counties through 
which the said road may pass, (or if no newspaper be 
published in any county, as aforesaid, then in some 
newspaper of general circulation in such county,) for 
six successive weeks, to all the creditors of the com¬ 
pany defendant thereto, requiring them to appear at 
the next term of the court, in which the said bill may 
be filed, make themselves parties defendant, and ex¬ 
hibit their claims, as in the case of incumbrances upon 
real estate. 

Sec. 3. And be it further enacted, that whenever it 
shall be made to appear to the court of common pleas 
of any county, in which any such bill may have been 


, filed, at any stage of its proceeding, that a bill of like 
| nature had previously been filed in the court of com¬ 
mon pleas of any other county through which the toad 
or any other work of the company defendant thereto, 

I likewise passes, it shall be the duty of the said court 
to direct its clerk to send an authenticated transcript 
of its proceedings, the original papers on file, and a 
statement of the costs already accrued, to the clerk 
of the court of common pleas of the county in which 
the first bill was filed as aforesaid, and to cease all 
further action in the said cause, as in causes certified 
from one court to another, under the several acts now 
in force. 

Sec. 4 And be it further enacted, that it shall be 
the duty of the court of common pleas, to the clerk of 
which any such transcript shall be sent as aforesaid, 
to consolidate the bill therewith sent as a cross bill in 
the case already pending before it, and to proceed 
therein as if the said bill had been thus originally 
filed. 

Sec. 5. And be it further enacted, that whenever 
any bill, or bills, filed under the provisions of the prin¬ 
cipal act to which this is an amendment, is or are now 
pending in the court of common pleas of two or more 
counties, it shall be the duty of the said courts re¬ 
spectively, to comply with the provisions of the third 
and fourth sections of this act as well in regard to all 
amended, supplemental, and cross-bills, as to the ori¬ 
ginal bills, and of the court into which the case or 
causes shall be thus brought to order notice of the 
pendency of the same, according to the provisions of 
the second section hereof, and of the stage of pro¬ 
ceedings which the said cause or causes shall have at¬ 
tained. 

Sec. 6. And be it further enacted, that the provisions 
of this act shall apply, in all respects, as well to the su¬ 
perior and commercial courts of Cincinnati, the superior 
eourt of Cleveland, and all other courts hereafter to be 
established, as to the courts of common pleas in the 
several counties. 

Sec. 7. And be it further enacted, that the costs of 
notification and other necessary cost incurred in any 
of the causes mentioned in this act shall be taxed and 
paid out of the tolls collected by the receiver as afore¬ 
said, and all other costs incurred in such causes shall bo 
taxed, at the discretion of the court, according to the 
usages of chancery. 

Sec. 8. And be it further enacted, that all acts and 
parts of acts inconsistent herewith, be and the same 
are hereby repealed : Provided, nothing herein con¬ 
tained shall be construed to deprive the creditors of 
any turnpike company of the benefit of the act passed 
the eighth day of February, in the year eighteen hun¬ 
dred and forty-seven, entitled “ an act for the relief of 
creditors of turnpike companies, in which the State is 
a stockholder, ” or of the right of any company to 
have its road surrendered to it whenever the creditors 
thereof, or the requisite number of them, shall have 
availed themselves of the provisions of the last named 
act. 

JOHN G. BRESLIN, 
Speaker of the House of Representatives. 
BREWSTER RANDALL, 

Speaker of the Senate 

March 10, 1S49. 

0’”The students of the University of Virginia have 
determined to erect a statue of Thomas Jefferson, and 
propose to secure the necessary funds by the publica¬ 
tion of a monthly magazine, to be called the ‘Jefferson 
Monument Magazine.’ ” 








THE NE^ CONSTITUTION. 


151 


REFORM IX EXGLAND IN 1215. 

The “Magna Charta” forced from King John. 

Englishmen boast, and with somewhat of truth, that 
the charter wrung from the reluctant grasp of King 
John, was a foundation of the liberties they now enjoy. 
The state of things which produced this reform, and 
gave to Englishmen their “great charter,” is familiar to 
most of our readers, while the contents of Magna 
Charta are to most of them as a sealed book. 

During the absence of King Richard the 1st—bet¬ 
ter known as Richard Casur de Leon —in his fierce bat¬ 
tles in the Holy Land, for the recovery, from the Sara¬ 
cen, of the sepulchre of our Saviour, the English no¬ 
bility, then in the enjoyment of almost Kingly privil¬ 
eges, grew strong, arrogant and presumptous. The 
terror of Richard’s name, awed them, however, into 
subjection. After the death of Richard, and the crown¬ 
ing of King John, a timid man, and who had himself, 
during the life time of Richard, been a rebellious sub¬ 
ject, the English nobility demanded greater rights and 
more extended privileges. To cope against the crown, 
even though worn by a cowardly King, was a hazard¬ 
ous matter, and the Barons, besides their own retainers, 
enlisted the freemen of the country, (so called in 
contradistinction to the serfs, or villeins, who composed 
the great mass of the people, held in bondage by the 
landed proprietors,) in their war against the crown, and 
thus strengthened, they warred against the power of the 
King, that they might add to their own strength. They 
were successful, and the result was the much talked of 
Magna Charta. 

Many of the provisions of this charter of privileges, 
at this day of written constitutions, seems so odd, that 
we will notice them, for this charter was among the 
first efforts at governmental reform. 

The King by law, was the guardian of the minor 
noble, upon the death of his parent, and had charge of 
the estates. This was a source of vast private emolu¬ 
ment, to the monarch, for besides the plunder of the 
revenues, during the minority, the monarch had, o r 
exercised the right of fining the estate, as it was called, 
to pay him for his trouble. The charter abolished this 
custom. 

The sovereign had the right of disposing of his sub¬ 
jects in marriage, and nothing was more common than 
for the monarch to reward his favorites with the hand 
of some fair heiress, no matter how disagreeable the 
suiter might be. If the coffers of the King needed re¬ 
plenishing, the lady was sold as a wife to the man who 
would pay most for her, and from the husband 
thus elected, there was no escape, unless indeed the 
lady or her friends could buy her off, by bidding a 
larger sum for her escape, than the would-be-husband, 
was either able or willing to give. The sixth article 
of the charter, modifies this right of the King, by de¬ 
claring that 

“Heirs shall be married without disparagement, and 
so that before mariage is contracted, it shall be notified 
to the relatives of the heir by consanguinity,” 


So that the King matched the heiress equally, and gave 
notice to the relatives before marriage, the power still 
remained. 

The wife then, as now, wa9 entitled to dower, upon 
the death of her husband, but the King was the guar¬ 
dian of the widow as well as the orphan, and his cof¬ 
fers were always replenished by fines, [charges] on the 
dower, before he would give it up. The crown not 
only claimed this power, but as the guardian of the 
widow, he had a right to dispose of her in marriage, 
and history records the fact, that Alicia, Countess of 
Warwick, paid King John one thousand pounds (an im¬ 
mense sum for these days) that she might not be forced 
to marry until she pleased. Another Countess of 
Warwick, (Countess Maud) in the reign of Henry II, 
paid the King seven hundred merks, (over $30,000 of 
our money) for the right of having her dower paid to 
her, and her own choice in the selection of a husband. 
Lucia, Countess of Chester, paid King Stephen five 
hundred merks for the privilege of not being forced to 
marry against her consent, for five years. 

The seventh article does away in some measure, with 
this injustice. It is as follows: 

“A widow, after the death of her husband, shall im¬ 
mediately, and without difficulty, have her marriage 
goods and her inheritance; nor shall she give any thing 
for her dower, or her marriage goods, or her inheritance 
which her husband and she held on the day of his 
death; and she may remain in her husband’s house 
forty days after his death, within which time her dower 
shall be assigned. No widow shall be compelled to 
marry herself while she chooses to live without a hus¬ 
band, but so that she shall give security that she will not 
marry herself without our consent, if she holds (lands) 
of us, or without the consent of the lord of whom she 
holds, (lands) if she holds of another.” 

Although King John yielded the point, that a widow 
should not be [forced to marry without her consent, 
yet it will be seen in the above, that he exacted securi¬ 
ty, lest she should wed without the consent of the 
King being first had and obtained. 

Amongst the otherprivileges granted was that neither 
noble nor freemen should be tried, save by his equals, 
and in the 40th article, the King gives solemn pledge 
as follows: 

“40. To none will we sell, to none will we deny, to 
none will we delay, right and justice.” 

Among the other privileges conceded by the King to 
the Barons and freemen, were that horses and carts of 
freemen were not to be taken without the consent of 
their owners—that another man’s wood, was not to be 
taken for the castles of the King “ without the con¬ 
sent of him to whom the wood belongs”—that all 
Welshmen, dispossessed of “their lands, liberties or 
other things, without a legal verdict of their peers, in 
England or Wales, shall bo immediately restored to 
them” according to the law in the country where the 
property is situated—that “no man shall be apprehen¬ 
ded or imprisoned, on the appeal [evidence] of a wo¬ 
man, for the death of any other man than her husband” 
—that the King would not appoint judges, justices, 







152 


THE NEW CONSTITUTION. 


sheriffs or bailiffs of men, “unless they understood the 
law of the land, and are well disposed to observe it,” 
and that there shall be one uniform measure of wine, 
ale and beer, of corn and of cloth, and all weights 
shall be uniform. Courts were to be stationary, and 
to be held four times in each county in every year. In 
the collection of fines, the farm of the freeman could 
not be seized,—neither could the merchandize of the 
merchant, or the arms of the soldier, or the implements 
of husbandry of the serf; but they were left, in order 
that the person fined should be able to maiutain his 
rank, and to pursue his occupation. In Wales, the 
harp of the harper, was in like manner saved from ex¬ 
ecution. 

King John, in the closing portion of the charter, 
declares that he has “granted all these things aforesaid, 
for God and for the amendment of our Kingdom, and 
for the better extinguishing all discord” between the 
King and the Barons, “being desirous that these things 
should possess entire and unshaken stability forever.” 
King John granted to the Barons, as security, the right 
of electing twenty-five of their number, to cause to be 
observed the different articles of the great charter, and 
if the King or any of his officers “shall have injured 
any one in any thing, or shall have violated any article 
of the peace or security,” then four, out of the twenty 
five Barons, are to come to the King, or if out of the 
country, to his Judges, and make known the excess 
committed, and require its redress without delay, and 
if not redressed by the King, or in his absence, by his 
Judges, “within the space of forty days, computing 
from the time in which it shall be made known,” then 
“the aforesaid four Barons shall lay that cause before 
the residue of the twenty-five Barons; and these twen¬ 
ty-five Barons, with the community of the whole land, 
shall distress and harrass us [the King] by all the ways 
in which they can, that is to say, [for so reads the char¬ 
ter] by the taking of our castles, lands and possessions, 
and by other means in their power, until the excess 
shall have been redressed, according to their verdict,” 
with the reservation that the person of the King, the 
Queen and their offspring are not to be harmed, and 
when the wrongs have been redressed, the Barons are 
to “behave” to the King “as they had done before.” 

King John, from his poverty, before his accession to 
the throne, was known by the cognomen of John Lack- 
land.. If he lacked land, he lacked not wit, for history 
records the fact, that, though the Barons, got aid from 
the freemen in their war against John, and pretended 
that the injustice committed upon the middling classes 
formed a portion of the wrongs to be redressed, yet in 
framing the charter, they seemed to forget their allies. 
But John, keen sighted, saw an advantage in reminding 
them of these pledges, and at his instance, the 60th 
article, which confers upon the tenants of the Barons 
the same privileges that the King conferred upon the 
Barons who held their lands under the crown was in- 
•serted in the charter. 

Stephen, in his excellent work on the English Con¬ 


stitution, says, that this reasonable article “contributed 
not a little to render the benefit ineffectual,” for, al¬ 
though “the Barons were very anxious to prevent any 
tyrannical exercise of the feudal power of the crown 
over themselves, they had not the slightest intention to 
relieve the bulk of the people from any oppj^ssion, 
whether exercised by themselves or by the crown.”— 
The nobility continued to oppress the people notwith¬ 
standing, which encouraged subsequent Kings'to violate 
the limitations of the Magna Charta, and it also fur¬ 
nished them with an ever-ready argument in answer to 
the complaints of the Barons, and thus was many of 
the really valuable privileges granted, for a long time 
disregarded. The Barons themselves daily violating 
the charter, did not dare enforce the bond. 

Such is the history, and such, a brief ’synopsis 
of the privileges secured to Englishmen by the great 
charter. At this day, many of those reforms seem ab¬ 
surd, yet they were far from being so at the time they 
were granted. Since then, light has broken in upon 
the masses—men are beginning to know and to feel 
and asssert their rights. The science of government, 
which in the darker ages of the world, was as a sealed 
book to the great mass, is now studied by all. It has 
been simplified—itisplainand intelligible. Instead,as in 
England even at this day, of a Constitution being com¬ 
posed of acts of parliament, of decisions of Courts, “of 
law and of immemorial usage,” ours is written, and is 
read by all. Instead of being scattered through law 
books and reports of Judicial decision, and in tradition, 
which makes up the common law, and to which we 
have to refer for the “immemorial usage,” spoken of 
by Paley, our constitution embraces but a few sections, 
and the struggle now is, still further to simplify, and to 
make it even yet more plain. The age of theory 
passed, when the great fact was asserted by our fathers, 
and proven by our form of government, that man was 
capable of governing himself. That fact is estab¬ 
lished—demonstrated beyond cavil or dispute, by the 
success of the American Republic and its stability and 
freedom from intestine commotion, whlie the other 
governments of the world have been rocked to and fro, 
by their own citizens in war against them. 


O’We find the following among the resolutions pas¬ 
sed at the Jefferson county Democratic nominating con¬ 
vention which assembled at Steubenville on the 25th of 
June: 

Resolved, That we are in favor of exempting from 
sale on execution for debt, a reasonable homestead— 
sufficient in value to support the debtor and his family. 

Resolved, That we regard the present Constitution of 
the State of Ohio, as wholly inadequate to the present 
and future wants of the people of the State, and that 
we use all honorable exertions to procure votes in fa¬ 
vor of a convention to form a new and more liberal 
Constitution. 

Resolved, That responsibility to the people should 
be direct; and therefore we claim that all officers should 
be elected by the people. 












THE NEW CONSTITUTION. 


153 


Written for the New Constitution. 

Mr. Editor: —Your correspondent, “Madison,” in 
No. 8, joins issue with me on the subject of the right 
of the judiciary to nullify our laws, if they, in their su¬ 
perior wisdom, think them unconstitutional. He says 
there is much less danger of political bias in a judge than 
in a legislator. After passing several encomiums upon 
our judiciary, he says, our judges are, or ought to be, 
well versed in the laws of our country—Ought to be, 
yes, but are they all so, I ask ? He adds that we have 
many judges in Ohio, who have been active political 
partisans, and that he never before heard the integrity 
of any of them called in question—that to me seems 
strange, though I consider our judges, by nature and 
generally by practice, as good as other men, (whenkept 
within their proper sphere,) and no better. The idea 
of converting a set of men from being legislators, to that 
of judges, (which is often done,) making them either 
wiser or better, is new to me. I had thought promo¬ 
ting a man to any office, neither changed his heart nor 
added any new faculties to his soul, but that he was 
only a man “ for a’ that,” just as liable to err as before, 
and more so, if you take away the proper restraints, 
and give him a latitude, which seldom fails to develope 
the latent passion of the depraved heart. 

Ours is a government of checks and balances, and the 
moment you take away those checks, you pave the way 
for anarchy, and an endless train of evils. Ido not be¬ 
lieve that legislators are any better than judges, nor that 
the latter are more virtuous tiian the former—but that 
all are liable to err, hence the necessity of keeping each 
branch of the government within its proper sphere, 
pointing out the duties strictly belonging to each, leav¬ 
ing no room for construction in the proper discharge 
thereof. It will be recollected that both the legislature 
and the judges are sworn to support the constitution of 
the U. S., and this State—the former to pass laws in 
accordance therewith, and the latter, in addition, swear 
to discharge the duties of their office according to law 
and evidence. The 9th section of the 8th article of the 
Constitution of Ohio, which our judges are sworn to 
support, reads thus : “That no power of suspending 
laws shall be exercised unless by the legislature.” The 
legislature has the right, when they find a law to be op¬ 
pressive, either to suspend its operation, amend or repeal 
it,—it is their sworn duty, and thesovereign people have 
a right to demand it of them, either by petition or oth¬ 
erwise. But that moment a judge, who, because he 
has sworn to support the Constitution, shrinks from 
his duty, and with holy horror, tramples the law under 
foot, or suspends its operation, violates the oath he has 
taken, as per the 9th section and 8th article, already ci¬ 
ted, or, in other words, he leaps from the pan into the 
fire. I would like to know what “ Madison” thinks of 
the impeachment by the legislature, (when sitting at 
Chillicothe,) of Judge Tod and Judge Pease, for a de¬ 
cision of that kind, when they were near being, and, in 
my opinion, ought to have been removed from office.— 
Only let this doctrine become popular, and be practiced 
by our courts whenever their prejudice, whims or ca¬ 
price may move them to it, without restraint, and we 
may bid farewell to anything like system, order, or cer¬ 
tainty, in what is, or would be nominally our courts of 
justice. “ Madison ” respectfully calls my attention to 
the legislative doings of last winter, and asks me in can¬ 
dor to say, in which branch of the government “ I 
would have that important trust reposed.” I answer, 
in neither, but in both, as it ought to be. I suppose 
“ Madison” thinks he makes out a strong case in fa¬ 
vor of his position, in referring me to the doings of the 
last legislature. Well, perhaps it is a knock-him-down 
argument, in favor of that old federal doctrine, but I 
have a stronger one on the opposite side, which I am 
reluctantly constrained to give, though I am as much 


opposed to the conduct of that legislature as he can be. 

Sometime in November, in or about the year 1820, a 
company of Indians were marching from the State of 
New York to the Mississippi, through Ohio ; some reck¬ 
less white men by the way-side, seeing them, fired a 
gun at the camp, and mortally wounded a squaw, who 
was far advanced in pregnancy. She was soon deliv¬ 
ered of a child, and died of the wound—the company 
left, her to the mercy of our citizens, and went on their 
journey. The child was put to a colored family but 
one remove (and hardly that) from the savages, in point 
of morals, customs, &c. The legislature met a few 
days afterwards, and the public mind being agitated in 
view of the outrage, that body took up the subject, and 
with a double or treble aim of benevolence, viz : to wipe 
away the reproach from the State, soothe the feeling, 
and appease tho wrath of the Indians, and make pro¬ 
vision for the education and support of the child—they 
passed a law appointing a person to take charge of the 
child, and appropriated $59 per year, for seven years, to 
compensate him for his trouble, &.C., provided he would 
satisfy that body annually that he had done his duty.— 
The law made it his imperative duty to take charge of 
the child on or before a given day. Accordingly he 
called on the negroes for it—they would not give it up 
—a writ of habeas corpus was asked for and granted, 
and, although it was only necessary for one associate to 
preside, and decide in ten minutes in the case, all three 
of the judges met, lawyers were feed, witnesses sworn, 
the case was argued, the court house was crowded, and 
the court adjourned from day to day, and finally the 
learned and immaculate court decided the law to be un¬ 
constitutional—and why ? because the 5th section of 
the 8th article of the Constitution gives the appoint¬ 
ment of guardians to the court of common pleas in view 
of property belonging to minors, &,c. But in this case, 
where there was no property, and the sole object was 
benevolence, the legislature, instead of saying A. B., of 
the county of C., is hereby appointed an agent to take 
charge of said chilil, they said in the law, A. B. is here¬ 
by appointed a guardian to take charge of said child.— 
Wonderful discovery! Nice distinction. Metaphys¬ 
ical hair-splitting with a vengeance. The result was a 
bill of lawyers fees, travelling fees, &c. And the ob¬ 
ject of the legislature frustrated, the State disgraced 
and the negroes kept the pappoose. But to cap the cli¬ 
max in this farce, I was told (and I believe it too) that 
those same judges, lawyers, &c.,petitioned thenextleg- 
islature to have the negro appointed a guardian to take 
care of said Indian child, and to be compensated for his 
trouble, but the legislature indignantly rejected the pe¬ 
tition. 

Now I would respectfully ask Mr. “ Madison ” wheth¬ 
er he would rather have that important trust reposed in 
such a court, or in the legislature ? I could give many 
absurd decisions of courts, as well as errors in the leg¬ 
islature, but this may suffice at present. 

I would also ask “ Madison ” whether a legislator, 
elected for one year only, has not less temptation to act 
corruptly, seeing his acts must be scanned at the next 
election, than thejudge, who,according to “ Madison’s” 
doctrine, is licensed to set law aside and pervert justice 
for a term of seven years. HOMO. 

Xtailroad. across the Isthmus of Panama. 

The books for $1,000,000 of the stock of the Pana¬ 
ma Railroad were opened in New York on Wednesday 
and the whole amount taken before three o’clock. It 
is stated by the Journal of Commerce, that more than 
$1,000,000 of the stock was taken in a single day. 
This gives evidence of the eastern capitalists being in 
earnest, which will ensure its^speedy completion. 






T 54 


THE NEW CONSTITUTION. 


From the Western Review of May 18, 1844. 

The Province of Legislation.* 

LEGISLATION OF OPINION. 

Galileo’s biographers inform us, that, while atten¬ 
ding mass one day, in the Cathedral at Pisa, his 
attention was arrested by the vibrations of a lamp, 
suspended from its vaulted roof; which vibra¬ 
tions, whether great or small, seemed to recur at regu¬ 
lar intervals. This apparently unimportant observation 
suggested to the Florentine naturalist the principle of 
the pendulum, and its application as a measure of time. 
Had Galileo’s thoughts been bent upon moral philoso¬ 
phy instead of physics, the samephenomenon mighthave 
suggested a very different train of thought. The 
swinging lamp might have seemed to him an apt em¬ 
blem of the human mind, and its pendulous propensity 
to extremes, in all things. 

In no department of man’s affairs has this besetting 
sin of our nature exerted more mischievous influence 
than in legislation. The original source whence hu¬ 
man governments had birth, was a conviction, more or 
less distinct, of the evils and sufferings caused by law¬ 
less license. In the earliest ages of barbarism, there 
was neither security for life, protection for property, 
nor assured reward for labor; except such as the strong 
hand afforded. Hence the social compact. To secure 
life, liberty and the pursuit of happiness, governments 
were instituted among men. 

Then came the error. The pendulum swung from an¬ 
archy to despotism. At first, the world was not governed 
at all; soon it was governed too much. A privileged 
order arose; men, as the witty Beaumarchais quaintly 
expressed it, who conceived, that thev had a prescrip¬ 
tive right to all office and power, because—“they had 
taken the trouble of being born.” Government be¬ 
came a trade, and a very pofiigate one. The first idea 
of security to person and property and labor was grad¬ 
ually lost. Rulers no longer protected; they interfered. 
The question was, not how few laws men required, but 
how many they could be tricked into enduring. 

Who, ere the trial was made, could have prophesied 
how many? Who, if he had justly prophesied, would 
have obtained credence? Nothing so odious, nothing 
so absurd, that it is beyond human endurance. The 
beast of burden, struck with the spur and broken to 
the bit, is less patient than man, legitimately ridden. 

Men talk much of bad laws, and write volumes to 
show, how they may be replaced by good ones. In nine 
cases out of ten, they ought not to be replaced at all. 
In nine cases out of ten, the error has been, not in the 
special law or the particular ordinance, but in med¬ 
dling with the matter, by law or ordinance, in any 
shape whatsoever. In nine cases out of ten, the legis¬ 
lator might indeed hit on the more or the less mischie¬ 
vous, but the true remedy, so simple as to lie beneath 
the reach of his sagacity, isfoundinno complicated code, 
exists in no multiplicity of statutes; it is contained in one 
brief maxim—in three short words— let it alone. 

It offends the vanity of human nature, to find its er¬ 
rors of ages resolved into the mere transgression of a 
principle like this. Yet truths are simple, almost in 
the ratio of their importance; and to attain the knowl¬ 
edge of an important truth, how simple soever, how 
readily stated, how easily comprehended it may be, 
men are often doomed to outwander ages of ignorance, 
to prove a thousand complications of error, to suffer 


*“The best government is that which governs least.” 
—Motto of the Democratic Review. 

“The world is governed too much .”—Motto cf the 
Glibe. 


under a thousand varieties of misconception and injus¬ 
tice.* 

Thus it has been with the principle of legislative non¬ 
interference. When a law-giver asks himself what the 
law shall do with regard to this matter or that, the last 
answer which suggests itself to his self-importance, is 
—nothing. Man, “clothed with a little brief authority,” 
dislikes of all things to discover, that the world can go 
on without him. The political physician will try every 
remedy in his legislative pharmacopeia, before it occurs 
to his wisdom, that, in some cases, it may be best to 
trust to nature and to the strength of his patient’s con¬ 
stitution. 

Legislators commonly lack faith in man. They as¬ 
cribe to their Statute Book the good that exists in spite 
of it. Breathing an atmosphere of excitement, they 
seldom possess quietness of spirit, to observe without 
prejudice and decide without passion. They will 
not suffer nature to do her part. It is their busi¬ 
ness to find, or make, occasion for their services. They 
contract a habit of belief, that, unless they are contin¬ 
ually setting something right, the objects of their care 
must needs be going wrong. They treat human nature 
as some country dame, trudging to market, is wont to 
treat her antiquated steed; jerking the bridle and kick¬ 
ing its sides without mercy or intermission, with no 
definite object and for no better reason, than that it is 
the old lady’s pleasant and accustomed exercise. 

And if such be the character even of honest legisla¬ 
tion, what of history’s dark records of despotism? In 
following out, from age to age, the story of the ceaseless 
struggle between the privileges of the Few and the 
rights of the Many, forth from every page, blazoned on 
the experience of every nation, shines out the great 
truth, that over much legislation has been the curse of 
mankind; and that law has become, (alas! how few the 
exceptions!) a weapon of aggression rather than an 
aegis of defence. As we read, we feel, that the protec¬ 
tion of government has been out purchased by its in¬ 
termeddlings; and that the People might well, in tho 
words of the Cynic philosipher, tell the Alexanders of 
of the world, that the only favor they asked of them 
was—to stand out of their sunnshine! 

Men are not wise and good enough to dispense with 
law. Would they were! Government, like medicine, 
is to us a necessary evil. There is such a thing as the 
despotism of anarchy; and a king is not indispensible 
to a reign of terror. The practical question is, how 
many of the sibylline leaves of legislation we may safe¬ 
ly burn, yet leave the remainder more valuable than 
was the entire code. 

It is useful to trace the fate of past delusions; for 
thereby we may determine the trendings of future re¬ 
form. When a miner sinks his shaft and strikes a pro¬ 
ductive vein of ore, his first care is to follow it so far as 
to observe its leading direction; then, emerging to the 
surface, with that observation for his guide, he sinks, 
at remote distances, other shafts, confident that he will 
again arrive at the object of his search. So with the 
rich and hidden lodes that stretch away into the great 
mine of Progressive Improvement. Guided by an ob¬ 
servation of their past course, we may predict where an 
after generation will find them. 

*An example illustrates this remark. The entire ar¬ 
gument touching a compulsory church establishment, 
so long agitated, so violently contested, is contained in 
two sentences; as those who have read Bancroft’s excel¬ 
lent history may remember. “No one,” said Roger 
Williams, “should be bound to worship, or,” he added*, 
“to maintain a worship, against his own consent.”— 
“What!” exclaimed his antagonist, amazed at his te¬ 
nets; “is not the laborer worthy of his hire?” “Yes,” 
replied he, “from them that hire him.” 











THE NEW CONSTITUTION. 


155 


The principle of progress in legislation has hitherto 
been from the more to the less. If we compare the 
statutes and constitution of Republican America with 
the laws of Monarchical Europe, it may surprise us to 
discover how much of the difference between them 
consists in omissions. And of the after-thought of 
revolutionary law-givers,—of the thirteen articles that 
constitute the amendments to the federal constitution— 
nine at least are of a negative or restrictive character ; 
circumscribing, within narrower limits, the province 
of legislation. So also in older countries and in form¬ 
er ages. All the important provisions of Magna Charta 
are prohibitory. A freeman shall not lose property or 
life by the Monarch’s decision ; a traveler shall not be 
prevented from leaving the kingdom, or returning to it 
at pleasure ; the king’s servants shall not arbitrarily 
seize the property of the subject. Even the minor 
privileges secured at Runnemedeare of a similar stamp, 
as witness one, characteristic of those times, namely, 
that a baron’s widow shall not be compelled to marry, 
if she prefer to remain single. So again of the Ha¬ 
beas Corpus Act, called by Blackstone “ that second 
Magna Charta and stable bulwark of liberty;” of which 
the provision is, in substance, that a man shall not be 
detained in prison on suspicion. All of these were 
rude efforts to narrow down the sphere of government. 
And still, through later years, the same principle pre¬ 
vails. Throughout Europe, but especially in England 
—that half-liberal mother of republics—religion and 
the press have for centuries been struggling against 
the interference of law, with partial yet positive suc¬ 
cess. And commerce, if at some distance, has been 
following steadily in their footsteps. All proceed In 
the same direction, all tend to one goal. 

An examination, somewhat more in detail, of a few 
among the various phases of over-legislation, as they 
loom through the obscurity of the past, may further use¬ 
fully illustrate these truths. 

First stands the arch delusion, that Mind, with her 
subtile, essence and her free-born thoughts, may fitly be 
subjected, like any factious serf, to the restraints and the 
punishments of law. When the Hellespont of opinion, 
up-stirred by the breath of Heaven, rolled forth its tur¬ 
bulent waves somewhat too roughly to suit the conven¬ 
ience of the earth’s Great Ones, scourges and shackles 
were prepared for the rebel element, and it was bid to 
know its master. 

Cervai.tes, in his own inimitable manner, has veiled, 
under light pleasantry, a profound lesson. Before San- 
cho Panza, installed as Governor of the island, a refrac¬ 
tory youth is brought: “ Here,” said Sancho, “ take the 
rascal and order him to jail; I will take care that he shall 
sleep for one night without air.” “ ’Fore God !” cried 
the youth, “your honor can no more make me sleep in 
jail than you can make me king.” “And wherefore 
cannot I make thee sleep in jail?” replied Sancho ; “is 
it not in my power to confine and release thee when 
and where I please?” “How great soever your hon¬ 
or’s power may be,” said the young man, “it is not suf¬ 
ficient to make me sleep in prison.” “How ! not suf¬ 
ficient?” cried Sancho ; “ away with him, and let his 
own eyes convince him of his mistake ; and lest the jail¬ 
er should practice his interested generosity upon him, I 
will fine him in two-thousaud ducats, if he suffer thee 
to move one step from the prison.” “ All this is mat¬ 
ter of mirth,” answered the youth, “for the truth is, all 
the people upon earth shall not make me sleep in pris¬ 
on.” “Tell me, devil,” said Sancho, “ hast thou got a 
familiar to release thee, and loose the chains with which 
I intend thou shalt be fettered ?” “Now, my lord gov¬ 
ernor,” replied the youth with a graceful air, “let us 
argue the matter and come to the point. Suppose your 
excellency should order me to be carried to jail, to be 
loaded with chains and shackles, and thrust into a dun¬ 


geon, and lay a heavy penalty upon the jailer, in case 
he should allow me to escape ; and lastly, suppose he 
should perform his duty with an imaginary care andsuc- 
cess ; notwithstanding all these precautions, if I have 
no inclination to sleep and can keep myself awake all 
night, without closing an eye, pray tell me, is all your 
lordship’s power sufficient to make me sleep against my 
will ?” 

The titled Sanchos of the earth are prone to fall into 
a similar error. 1 hey who see the bodies of their slaves 
bow down in abjectness, even to the dust, before them, 
easily forget, that the chainless spirit reigns, its own 
sovereign, erect and unsubdued, in a world apart; whith¬ 
er the jurisdiction of earthly kings extends not, and 
where human laws are without force. 

But the sheer absurdity of such pretension is lost in 
the terrible reality of its consequences. Of all the types 
of over-government, legislation on belief has proved the 
most deadly. The Sicilian Vespers, the night of St. 
Bartholomew; Spain with her Torquemada; Venice 
thrusting down her heretics to shiver out the rigors of 
winter in the damps of the dripping dungeon, and then, 
when the summer sun shone out at its fiercest, bring¬ 
ing them up, to scorch beneath the seething lead that 
roofed their prison—such images faintly shadow forth 
the enormities committed by spiritual law-givers. Cen¬ 
tury after century did the Inquisition—that most at¬ 
rocious of all ultra-governmental excrescenses—main¬ 
tain her ghostly rule. Century after century did she 
stalk, a mysteriousshadow, over half the civilized world; 
spiriting away men from their homes, sparing not wo¬ 
man in the sanctuary of her duties; penetrating unde¬ 
tected to the closet, standing unseen by the hearth; an 
inmate of the familiar circle, a guest at the festive board. 

The crusade against opinion has been distinguished 
by features peculiar to itself. Other tribunals, even 
Robespierre’s, with the thirst after blood at its height, 
have retained the empty forms of justice ; the Inquisi¬ 
tion spurned that flimsy veil. She deigned no accusa¬ 
tion, confronted no witnesses. Darkness brooded over 
the tortures of her prison house; and when some wretch 
entered its walls, his friends went into mourning, and 
spoke of him as dead. Her precepts and laws, too, cor¬ 
responded to her practice. There is no cant—there is a 
terrible straight-forwardness—about such of them as 
time has spared. The fourteenth article of the statutes 
of the Venetian Inquisition* provides: that “if some 
action be committed which it is not judged advisable to 
punish by law, poison shall be employed in its place ” 

Geologists say, that in the remotest periods of the 
earth, before man and the milder animals appeared on 
its service, sharks and gars, the most voracious of their 
class, roamed and ruled, its sole masters, the recently 
animated globe. And it would seem that man, when he 
first succeeded to their dominion, shared, if the expres¬ 
sion be permitted, the spirit of the times. In the early 
character of our race, there was some rude and savage 
element that assorted well with violence and bloodshed. 
And though reason, guided by experience, lias made suc¬ 
cessful war against that principle of evil, yet man for¬ 
sakes it, as a lover some unworthy mistress, with tar¬ 
dy and reluctant steps. The judicial combat yet lin¬ 
gers in the duel ; and intolerance retains her hold over 
the heart of man, long after reason has lain bare her fol¬ 
ly, and experience passed jndgment on her crimes. 

The Reformation altered to a milder shade the char¬ 
acter af this delusion. Luther,albeit himself more dog¬ 
matical than his opponents, distinguished and dragged 
to light a sacred principle, instinct with better things. 
Said the sturdy Saxon,—“ Preach, declare, write, that 
will I; but constrain, compel by force, that will I nev- 


*Translated by M. Daru, of Paris, from a manuscript 
in the Bibliotheque du Roi. 










156 


THE NEW CONSTITUTION. 


er: faith must be received willingly, of free accord, with¬ 
out compulsion.”* * * § Here was acknowledged the mas¬ 
ter principle, lying at the base of the whole matter, tha 
opinion is an unfit object of legal restraint. It made its 
way; truth always does. But it advanced gradually, 
slowly, as it were inch by inch. The noblest apostle of 
“soul-liberty,” Roger Williams, embarking in an In¬ 
dian canoe, found but five companions in exile. The 
world will not be hurried beyond its pace. It discards 
its errors in detail. The act of supremacy which de- 
clired England spiritually independent of Rome, con- 
ta ned not a single clause favorable to religious liberty. 
The Monarch gained what the Pope lost; and five years 
afterwards the English Commons actually passed a bill, 
“for abolishing diversity of opinions.”! 

Nor did practical experience of the injustice of per¬ 
secution necessarily open the eyes, or enlighten the 
nnderstanding, even of the persecuted. The puritan 
Cartwright, himself twice imprisoned for non-conform¬ 
ity. so little distinguished the true spirit of the doctrine 
he taught—so little profited by his own sufferings—as 
to write thus: “Heretykes ought to be put to deathe 
nowe. If this be bloudie and extreme, I am contente 
to be so counted wittie the Holie Ghost.”J And did not 
Marmaduke Stephenson and William Robinson and 
Mary Dyar suffer death for opinion’s sake, at the hands 
of those who left friends and home and country, em¬ 
barking under the shelter of night, to seek, amid the 
ice and snows of a wintry wilderness, in the extremity 
of poverty, privation and danger, that which thay prized 
for themselves, beyond life itself—unshackled freedom 
of conscience? 

Yet was the change great and positive; the type of 
the malady was essentially altered. Martyrdom was 
the exception, not the rule; and fanaticism became scru¬ 
pulous and apologetic. Barrow and Greenwood were 
indeed hanged at Tyburn, but Elizabeth repented the 
act: the Quakers died at Boston, but they had forced 
themselves, as it were, on the Puritan tribunals, and 
their executioners thought it necessary to protest that it 
was “their lives absent rather than their deaths pres¬ 
ent,” they had desired. As a general rule, heresy had 
ceased to be a capital offence. Fine and imprisonment 
replaced torture and death. Under Elizabeth, a clergy¬ 
man who used any but the established liturgy, incurred 
imprisonment during life for the third offence; and by 
the same statute, the fine for absence from church on a 
Sunday, was fixed at a shilling.^ 

The modified intolerance of that day occasionally as¬ 
sumed a sufficiently ludicrous form. Under Charles I., 
all persons promoted to degrees in the University of 
Oxford, were to subscribe an article, declaring it to be 
their opinion, that in no case was it lawful for subjects 
to make use of force against their king; and by a sol¬ 
emn decree of the learned academy they were further 
required to take an oath, that they “not only at present 
detested the opposite opinion, but would at no future 
lime entertain it.” Well said Dugal Stewart: “The 
religious and academical institutions in some parts of 
Europe are not without their use to the historian of the 
human mind. Immoveably moored to the same station 
by the strength of their cables and the weight of their 
anchors, they enable him to measure the rapidity of 
the current by which the rest of the world is borne 
along.” 

* “ Predigen will ichs, sagen, will ichs, schreiben will 
ichs ; aber zwingen, dringen mit Gewalt will ich, Nie- 
mand ; denn der Glaube will willig, ungenosthigt und 
ohne zwang angenommen werden .”—From Luther's 
Seven Sennons, delivered at Wittenberg in 1522. 

f 31. Henry VIII., c. xiv. 

X Cartwright’s Second Reply, p. 115. 

§ I. Eliz. c. ii. 


But if Schoolmen, for very learning, overlooked 
common sense, there were found statesmen more wise 
and more liberal. Bacon’s phiIosophic"lnind perceived, 
that if diversity of opinion be an evil, legal force em¬ 
ployed against it is a much greater one. “The wound,” 
said he, “is not dangerous, unless we poison it with our 
remedies.” The last strong hold of intellectual des¬ 
potism washer favorite argument, that the doctrines she 
punished were not false alone, they were subversive of 
social order also. But in an age stirred up to thought 
by revolution in government and reformation in reli¬ 
gion, the flimsiness and presumption of such an apology 
were detected by many. Each man is of right the 
judge, not only of the truth, but also of the tendency, 
of his own opinions. “The fears of one class,” says an 
elegant modern historian, “are not the measure of the 
rights of another.” 

John Faust, if indeed to the goldsmith of Mentz, the 
world owe the art of type setting, struck the heaviest 
blow against law-giving for the mind. The Strombo- 
lian cave was opened; the long pent winds of opinion 
set free; and no edict-framing jEoIus could recall and 
confine them to their prison house again. Yet many 
such attempts were made, ere their importence was dis¬ 
covered. The printing press had worked the Reforma¬ 
tion; and without published books the obscure and pro¬ 
scribed Lollards might never have emerged to honor 
and power as the Protestant Church of England. But 
when they did so emerge, they forgot, as men will, the 
means of their success. In the year 1585, Elizabeth’s 
Star Chamber, at the instigation of Whitgift, then just 
raised to the primacy, issued some strange ordinances 
for the regulation of the press. No man was permitted 
to print except in London, and one printer in each of 
the Universities, under penalty of a year’s imprison¬ 
ment. No printer who had been in business only six 
months waa allowed to continue his calling, nor any to 
engage in it in future, “until the excessive multitude of 
printers be diminished, and brought to such a number 
as the Archbishop of Canterbury, and the Bishop of 
London for the time being shall think convenient.”— 
Additional printers, if ever required, were to be select¬ 
ed by the Stationers’ Company; and no book or pam¬ 
phlet might be published until it was first seen, pe¬ 
rused and allowed by the two dignitaries already men¬ 
tioned. 

Good comes of evil. The intolerance of the arbitrary 
Stuarts hestened, if it did not produce, an event that 
was to prove more influential than the Reformation it¬ 
self, in exploding the old idea, that opinion, when it 
squares not to an established standard, is a penal of¬ 
fence, to be reached through the statute book. “I will 
make these Puritans conform or I will hurry them out 
of the land,” said the vain and self-willed James. That 
threat had far-reaching consequences. It caused the 
freighting of the Mayflower, and the settlement of New 
England. 

The reform, commenced in Protestant Europe, has 
been completed in democratic America. Here at least 
the principle has been run out to its ultimate conse¬ 
quences. The lawgivers of our Revolution did not 
inquire how many laws might suffice to protect the 
world from the dangers of false opinions. They asked 
not to what extent the penalties against non-conform¬ 
ity might be mitigated, nor how brief a republican test- 
oath ought to be. They demanded not what should 
replace auto-da-fes and papal bulls and ecclesiastical 
edicts and acts of supremacy and High Commission 
Courts, and Star Chamber ordinances against the press 
and church establishments, and all the cumbrous legal 
machinery that had been used, in the Old World, to clip 
and stretch opinion and manufacture conformity there¬ 
from. They demanded not what should replace these 
things. They demanded—whether they should be re- 









THE NEW CONSTITUTION. 


157 


placed at all. Philosophers had ventured that question 
before—statesmen never. But they answered it now, 
in the spirit, if not in the words, of the pen that traced 
the Declaration of Independence: “Error of opinion 
may safely be tolerated, while reason is left free to com¬ 
bat it.” 

And so, with a noble confidence, they suffered Er¬ 
ror and Reason to meet in the list on equal terms, and 
prayed God defeud the right. “Let Truth and false¬ 
hood grapple: who ever knew Truth put to the worse, 
in a free and open encounter.” So wrote Milton; and 
so decided the men who framed the Constitution of the 
United States. 

And thus it happened, that in our republic, a prolific 
branch of legislation was utterly cut off. In the codes 
of the Old World a long and labored chapter is found; 
a blank page corresponds to it, in the Statute Book of 
the New. O. 

_ 

From the Democratic Review of March, 1848. 

Elective Judiciary. 

The public attention has been forcibly attracted of 
late to the subject of Constitutional Reform. The 
Constitutions which were adopted by the States imme- 
: diately after the establishment of our National Govern¬ 
ment, have been found defective in many particulars. 
Taken on the whole, they exhibit great sagacity and a 
deep knowledge of the science of human government. 
We are disposed to give their illustrious framers the 
credit due to undoubted patriotism and exalted talents; 
yet it is not to be concealed, that there are defects 
in many, if not all of the early Constitutions, which 
demand that they should be greatly amended. 

In the organization of two of the departments of 
government, the correct principle of republicanism has 
usually prevailed. The Executive and the Legislature 
are, for the most part, elected by the people, and by be¬ 
ing subjected to the test of frequent elections are made 
responsible to the controlling power of public opinion. 
Not so with the judiciary—a different principle has 
been adopted in the organization of this department.— 
Its commission is sometimes derived from the Legisla¬ 
tive, but mostly from the Executive branch of the 
government. It derives its vitality from one of those 
two departments, both of whom it was especially de¬ 
signed to check and control. In its construction, the 
vital principle of a republic—the separatson and divis¬ 
ion of powers, has been sported with and set at nought. 
Nor is this all ; that very branch of the government 
which is the most important of all others—which gives 
force and efficiency to the laws—which administers 
justice between man and man, and keeps the other de¬ 
partments from shooting madly from the spheres alloted 
to them, is the very one which has been removed be¬ 
yond the reach of all responsibility. 

While the Executive and Legislature, at short and 
stated terms, are held to accountability before the peo¬ 
ple, as if to insure a perpetuation of the infraction of 
the popular principle which is pursued in the appoint¬ 
ment of the judges, the judiciary are lifted above all 
responsibility by receiving their appointments for life. 
As if aware that this department had been constructed 
in violation of the true principles of a republican gov¬ 
ernment, was deemed necessary to give it importance, 
stability and security, by throwing around the judge 
the shield of utter irresponsibility. This departure 
from principle, however, has not been left to struggle 
under the weight of a term so odious as that of “irres¬ 
ponsibility.” It has been dignified by the more plau¬ 
sible and more popular appellation of “the indepen¬ 
dence of the judiciary.” To talk about rendering this 
department subordinate to the popular authority, has 
in many quarters been deemed sacrilege—and even 


now, the rash reformer who has the moral courage to 
advocate a remedy for known and acknowledged evils 
must be satisfied, should he be denounced as nothing 
more than a “Radical,” an “Agrarian,” or a “Des¬ 
tructive.” But as we advance in the investigation of 
the subject, it will be well for us to understand the ex¬ 
act meaning of the terms employed in its discussion. 
What, then, is meant by the term “independent judi¬ 
ciary?” From whence was this term borrowed, and 
can it have any application in this country? These 
are questions upon which we propose a few observa¬ 
tions. 

It is know to every one familiar with the history 
of the past, this opinion about the importance of an 
independent judiciary, originated in England. In that 
country, the term is pregnant of some meaning, and 
it has a distinct, well known and well defined signifi¬ 
cation, such as can never be applied to it in this coun¬ 
try. In England, it means an independence of the 
crown and not an independence of the people. In 
the early history of that government, the judges 
were appointed by the sovereign, and held their 
offices by no other tenure than his will. In that con¬ 
dition of things, it is not difficult to perceive that the 
rights of the people were in imminent jeopardy, when 
brought in conflict with the preogatives of the throne. 
The judiciary was, in truth, nothing but the reflex mir¬ 
ror of the royal will. As liberty advanced, and as 
light and knowledge became diffused among the peo¬ 
ple, this unjust and despotic principle necessarily be¬ 
came subverted. The revolution of 1688, which placed 
the second James upon the throne, accomplished its 
overthrow, and established in its place the more correct 
and popular principle, that judges should be appointed 
for life, and should not be removable at the will of the 
crown. As the king was still left with the power of 
appointing to office, there was no other mode in which 
the judiciary could be rendered independent of the 
throne, except by conferring upon them their offices 
for life. This, then, is what is meant in England by 
an independent judiciary. The appointment for life 
renders the judge irresponsible to the crown—and in 
this very irresponsibility, the English subject finds his 
only protection from the exactions and oppressions of 
the throne. No wonder that, under these circum¬ 
stances, the independence or irresponsibility of the ju¬ 
diciary is highly valued or fondly clung to by the peo¬ 
ple of England. That there are evils flowing from 
this irresponsibility, but few acquainted with the juris- 
prudance of England will venture to deny; and dark 
and revolting are some of the pages of her history.— 
Power, long and arbitarily exercised, without check or 
restraint, has too often transformed her judges into 
tyrants, and instead of being protectors, they have 
become scourges of the human race. Her laws have 
been sanguinary enough, but they have been executed 
in a spirit of relentless severity, without a parallel in 
the worlds history: Nero and Domitian, when sway¬ 
ing the iron rod of empire, never seem to have been 
animated by more remorseless cruelty, or a more savage 
thirst for blood, than have been exhibited by some of 
the English judges, even in the palmiest days of her 
civilization. But in the British form of government, 
all of these evils must be quietly borne, for they are 
without remedy from the very nature of things. The 
existence of a monarch—the presence of one irrespon¬ 
sible power in the government, creates a controlling 
necessity for the existence of another. An irresponsi¬ 
ble monarch can only be watched and controlled by an 
irresponsible judiciary; and as tyranny can only be 
maintained by the strong arm of force, hence the ne¬ 
cessity to float large navies and keep up standing ar¬ 
mies, to give, even in time of peace, force and efficiency 
to the laws and authority of the government. 









15S 


THE NEW CONSTITUTION. 


Bat this principle, which renders the creation of an 
irresponsible judiciary an act of necessity in England, 
can have no application to this country. According 
to the theory of our government, there is no pow¬ 
er in the state autagonistical to that of the people. It 
is true, we have no monarch—no titled noblemen— 
no aristocracy, of whom it would be important to ren¬ 
der the judiciary independent. Of what avail, then, 
will it be to have irresponsible or independent judges? 
Of what, and of whom are they to be indepen¬ 
dent? Are they to be independent of the laws 
and constitution, or independent of the legislature, the 
governor, or the people? What is meant by this 
phrase, and in what manner do you seek to give it a 
practical application? 

It is evident that we have borrowed what is here 
termed the independence of the judiciary, from Eng¬ 
land. And it is equally plain that the same state of 
affairs which caused the establishment of such a sys¬ 
tem in that government, does not and cannot exist in 
this country. If it be important in England that the 
judiciary should be appointed for life in order to render 
them independent of the crown, does it follow, there¬ 
fore, that our judiciary should be appointed for life, 
when we have neither king nor aristocracy to dread? 
We can clearly deriveno benefit from the independence 
or irresponsibility of the judiciary, such as is derived 
in England; but we are certain to taste here, as the 
people have tasted there, its bitter fruits. What those 
fruits are, I have only to refer to the history of the 
past, and to the public sentiment which now exists in 
relation to the judiciary. It is idle to attempt to con¬ 
ceal the fact, that the public confidence has been un¬ 
settled in the administration of our laws. From one 
extremity of the Union to the other, this branch of the 
government has forfeited the public respect, and instead 
of being looked up to with love and veneration, its 
movements are watched with jealousy and distrust.— 
A wide-spread feeling of insecurity and alarm agitates 
the public mind, and occasionally paralyzes the opera¬ 
tions of trade and commerce. Capital, which like the 
sensitive plant, shrinks from the contact of danger, 
seeks rather the security and privacy of the strong box, 
than investments which may result in its total des¬ 
truction, for the want of a faithful and energetic ad¬ 
ministration of the laws. In many parts of the coun¬ 
try, crime stalks unpunished, and wrath hurls defiance 
at the civil power of the State. The feeling is daily 
growing deeper and stronger, that reforms are needed 
in the judiciary, and that unless they be speedily car¬ 
ried into effect, greater evils and heavier calamities will 
weigh down the spirits of the people. 

But the independence of the judiciary, which is 
stoutly maintained in England and in this country, 
does not result from the particular mode which is pur¬ 
sued in the appointment of the judge. It is the life- 
tenure of the judiciary which renders them irrespon¬ 
sible, and not the fact that they receive their commis¬ 
sion from the executive branch of the government. A 
judge who holds his office for life is irresponsible, no 
matter how he has been appointed or elected. He is en¬ 
tirely independent of all law, of all public sentiment, 
and of all responsibility, whether he has been appoint¬ 
ed by the crown, or elected by the parliament or the 
people. If the life-tenure be abolished, and if he be 
appointed for a stated term of years, his independence 
is destroyed, and his responsibility established. If ap¬ 
pointed lor a short term, he is subject to constant re¬ 
sponsibility; if for a long term, that responsibility is pro¬ 
portionally diminished. But in neither case do you add 
to ordiminish his responsibility, by adopting any pecu¬ 
liar mode of appointment. A judgeelected for life by the 
people, is just as independent as a judge appointed for 
life by the crown. And a judge, elected for a term of 
years by the people is just as responsible (and no more) 


I as a judge appointed for a term of years by the crown. 

The propriety then of limiting the tenure of judicial 
offices, so as to render the judiciary responsible to some 
authority, is a question not at all connected with the 
mode to be pursued in their appointment. It is true 
that if this department is to be rendered subordinate to 
some authority in the State, grave and weighty reasons 
can be urged why it should not be placed at the mer¬ 
cy of the legislature or the executive; yet the first ques¬ 
tion to be determined, is, shall we, or shall we not 
have a responsible judiciary? It will then be a matter 
for future decision to say, whether they shall be ap¬ 
pointed by the governor, or elected by the legislature, 
or the people. 

We have heretofore shown that our notions about 
the independence of the judiciary, have been borrowed 
from England. We have shown that the independence 
of that department, as there understood, can have no 
application to this country. We have further endea¬ 
vored to depict some of the evils which must necessari¬ 
ly flow from that irresponsibility. In addition to these 
things, many cogent and unanswerable arguments 
could be urged in favor of a judiciary, constituted upon 
different principles, if it were deemed at all necessary 
to continue farther the discussion upon that point.— 
Recent events have shown, that upon this subject the 
public sentiment of the country has undergone a great 
and radical change. In six States of this Union, con¬ 
stitutions have been adopted, which recognize to the 
fullest ex tent, the necessity of holding all the depart¬ 
ments of government to a proper responsibility. In 
New York, Louisiana, Missouri, Texas, Illinois and 
Wisconsin, the people, through their representatives, 
displayed a wonderful unanimity as regards the propri¬ 
ety of limiting the tenure of judicial offices. Iu New 
York, Louisiana and Texas, the highest judicial func¬ 
tionaries are to beappointed for the term of eight years; 
iu Illinois, for nine years; Wisconsin, five years; and in 
Missouri for the term of twelve years; and there can 
be little doubt that this same principle will soon be 
adopted and acted upon by every State in this Union. 
Irresponsibility in any of the departments of govern¬ 
ment is a despotic and not a republican principle. In 
the further discussion of this subject, then, we shall 
take it for granted that this system of appointment for 
life is to be abolished. Our judges hereafter are to be 
appointed for a term of years. Their irresponsibility 
is to ceaae. They are to be accountable to some one; 
and the question is, to whom shall be confided the deli¬ 
cate duty of holding them to accountability? We 
have no hesitation in saying, that we go for reposing 
that sacred trust in the hands of the people. 

The first point which naturally suggests itself in the 
investigation of this subject, is that involving the ques¬ 
tion of right. Have the people the political right of 
electing their judges? If so, then the advocates of a 
popular election arecontending for nothing thatis wrong. 
They are merely advocating the exercise of a right 
which is conceded. But it may be said, that although 
the existence of the right cannot be disputed, in the 
teeth of the acknowledged axiom of our government, 
that “all power is inherent in the people,” yet the ex¬ 
pediency of exercising that right, may be well ques¬ 
tioned and utterly denied. The fallacy of such a posi¬ 
tion is easily exposed. No man can be deprived of a 
political right under the pretext that it is inexpedient 
for him to exercise it. The right once granted or proved, 
the free exercise of it follows, else the term right con¬ 
veys no idea which is definite and tangible to the human 
understanding. Of what avail will it be to possess a 
right, if it is to be possessed in theory alone? The con¬ 
stitution declares, “that all power is inherent in the 
people;” yet, if noneof the powers of the government 
are to be exercised by the people, what a grave and 
solemn mockery is this empty assertion of popular 










THE NEW CONSTITUTION. 


159 


rights. It will doubtless be consoling to the people, to 
inform them that their right is unquestioned to manage 
and control the affairs of their own government as they 
please; yet that it would be vastly more expedient and 
profitable to them to permit others to exercise the ri 0 hts 
which justly belong to them. This is the argument 
which is employed everywhere to comfort the sorrows 
and bind up the wounds of the crushed and downtrod¬ 
den masses of the world. This is the argument which 
is intended to make the Russian serf bend his back to the 
knout without a murmur, and which is used to prop 
up and support every grinding despotism upon earth. 
It is this argument which pours its syren voice into the 
ears ot the English subject, and tells him, when gaunt 
and destroying famine preys upon his vitals, and sweeps 
his hearth - stone with desolation, that, it is vastly 
more to his interest that the powers of the government 
should be wrested from his hands, where they properly 
belong, and placed in the hands of his tyrants. Whether 
he believes in this principle which dooms him to perpe¬ 
tual slavery, is a problem most easy of solution. Re¬ 
move for a single day the military power of that govern¬ 
ment, and the setting sun would shed its light upon the 
ruins of that stupendous tyranny, which strides above 
the fortunes and liberties of her people. 

And now the very argument which is employed by 
the monarchist, is the very argument which is employ¬ 
ed by the opponent of an elective judiciary. As the 
people are told in one case, that it is for their benefit 
that all the powers of the government should be confid¬ 
ed to the sovereign, so are they informed in the other 
c*se, thatitis for their interest that the governor or the 
legislature should be permitted to appoint the judiciary. 
Can it be that they will consider that it is for their interest 
that the most important functionaries of the State, who 
are daily called upon to decide questions involving their 
lives, their liberty, and their property, should hold their 
appointment from, and be responsible to, some authority 
in the State than that of the peoplethemselves? Education 
and habit can teach many things, but when rightly pre¬ 
sented, they can hardly teach so monstrous a proposi¬ 
tion as this. 

The advocate of a judiciary elective by the people, is 
fortified by arguments which can be neither resisted 
nor refuted. In defending the acknowledged political 
right of the people to choose their own officers in all the 
departments of government, he stands upon a position 
which can be carried neither by seigenor by storm. He 
rnay be sneered at and taunted, and denounced as a de¬ 
structive and a radical, but his cause is fast anchored in 
the affections of the people, and is destined to a speedy 
and a glorious triumph. 

In the organization of our government, if there is any 
one leading principle which is recognized as essential, it 
is that of tire separation and division of its powers. In 
a pure despotism, all power centres in the monarch.— 
He is at once legislator, judge and executive. Justin 
proportion as you divide and separate these powers, you 
advance from monarchy to republicanism. In most of 
the constitutions adopted by the States, the powers of 
the government have been divided into three parts, leg¬ 
islative, executive, and judicial; each of which has been 
confided to a separate and distinct body of the magis¬ 
tracy. The importance of keeping them separate and 
distinct has been fully acknowledged, and the possibili¬ 
ty of an union between them has been guarded against 
by prohibiting any person belonging to any one of the 
departments from exercising any of the powers justly 
belonging to either of the others. The framers of these 
constitutions ha/e sketched with a bold hand the true 
outlines of a republican government, and they have re¬ 
cognized to the fullest extent the principle, that as the 
centralization of power constitutes despotism, its sep¬ 
aration and division constitutes the vital principle of a 


republic, but they have failed to carry out in practice 
what they so justly announced in theory. In truth, 
our only safety consists in keeping each of the depart¬ 
ments separate from, and independent of the rest. Any 
other organization of the government would be destruc¬ 
tive of our liberties, and would lead to the most disas¬ 
trous consequences. If the legislature be subordinate 
to the judiciary, or if the judiciary be subordinate to the 
legislature or the executive, what guaranty have we for 
the preservation and integrity of our constitution?— 
That branch of the government which controls either 
of the other departments will soon absorb to itself all the 
powers of the State, and the rights and liberties of the 
people will be engulphed in the whirlpool of its power. 
One single illustration will satisfy every one of the vast 
danger to be incurred by subjecting the judiciary to the 
control of the legislature of the executive. The con¬ 
stitution of most of the States declare that the writ of 
habeas corpus shall not be suspended except in case of 
war or actual invasion of the country. Suppose that 
the legislature should order this writ to be suspended in 
a time of profound peace, and a citizen being deprived il¬ 
legally of his liberty, should seek to avail himself of the 
benefit of that writ, thus solemnly guaranteed to him by 
the constitution of his country ;—do you think that a 
judge who was a candidate for re-election before that 
same legislature would have the manly independence to 
tell the arbiters of his destiny, that they had trampled 
upon that law which they had sworn to support, and 
thus their act was nugatory, and should therefore bean- 
nulled and set at nought ? It is possible that he might 
thus rebuke from his seat the lawless spirit which had 
leaped over the bounds affixed to the legislative power; 
but it is certain that no second opportunity would be af¬ 
forded to the heroic judge, to disregard the will of his 
masters. The vote of the legislature would teach him 
the power of the body he had thus defied, and hisplace 
would be occupied by some one more suppliant. 

“ Who would bend the pregnant hinges 
Of the knee, that thrift might 
Follow fawning.” 

But it is proposed now to examine, somewhat at large, 
the various plans which have been suggested for the ap¬ 
pointment of the judiciary. It is evident that the 
choice must be made between three powers in the State 
—the legislature, the governor, or the people. The 
question is, shall the judiciary be subordinate to the 
legislature or the executive, or shall it be responsible di¬ 
rectly to the people ? 

If there is any system calculated to introduce cor¬ 
ruption into our government, it is that which gives to 
the legislature the power of appointment of the judicia¬ 
ry, In vain have the barriers of the constitution been 
erected around the rights of the citizens, if the judicia¬ 
ry is to spring from the same source which controls and 
creates the legislation of the country. The enactments 
of the constitution—the solemn provisions of the organ¬ 
ic law, will weigh but as feathers in the balance, when 
brought in collision with the breach of that power to 
which the judiciary has been rendered subordinate ; yet 
this is only one of the evils that would flow from the 
adoption of this system. To destroy the principle of 
the separation of powers ; to break down the usefulness 
of the judiciary, by merging it in the legislature, would 
of itself be attended with disastrous consequences to the 
operations of government; yet the mischief would not 
be altogether confined to the prostration of one depart¬ 
ment at the footstool of another. The legislature it¬ 
self would suffer equally with the judiciary ; its integri¬ 
ty would be sapped by the temptations of the patronage 
conferred upon it, and the streams of our legislation 
would be poisoned at their fountain head ; the legisla¬ 
tive hall would be made an arena in which hungry of¬ 
fice-seekers would be pitted against each other, and the 






160 


THE NEW CONSTITUTION 


passage of wholesome laws would be obstructed, and re¬ 
tarded or defeated, by the intrigues and cabals which 
such a system would necessarily engender. The can¬ 
didate for one judgeship would need the assistance of 
the candidate for another judgeship, and he who would 
intrigue deepest and spread his webs widest, would car¬ 
ry off the judicial ermine as the trophy of his skill and 
the reward of his management. A judiciary thus con¬ 
stituted—thus springing from the hot and boiling caul¬ 
dron of legislative intrigue, would be ill qualified to 
discharge the high and responsible duties devolved upon 
it by the constitution. In purity, in calmness, in ele¬ 
vation of character, in freedom from political bias and 
prejudice, it would be lamentably deficient, and there is 
every reason to fear that it would pervert and prosti¬ 
tute its high powers to the promotion of its own base 
and unworthy ends. 

The great object is to adopt some system which will 
ensure the attainment of honest and capable judges.— 
But it is evident that this cannot be accomplished, un¬ 
less the power which is vested with the appointment 
has a knowledge of the qualifications of a candidate.— 
The legislature is composed of persons coming from all 
sections and quarters of the State ; out of a hundred del¬ 
egates, perhaps but three or four will represent that sec¬ 
tion of the country for which the judge is to be chosen. 
Nine-tenths of the number will know nothing of the 
various candidates proposed for nomination, and will 
care as little upon whom the choice may fall. The rep¬ 
resentative from one section of the State will feel but 
little interest for himself or his constituents as regards 
the appointment of a judge in the other sections of the 
State. Thus, the appointment will be made by men, 
nine-tenths of whom have neither knowledge nor inter¬ 
est to regulate their decision. But, it may be said, that 
the legislature will be governed by the opinion of the 
immediate representation of the people concerned.— 
This, however, it will be remarked, is optional with 
each member composing the body of electors ; but 
whether they do so or not, the objection to this mode of 
appointment is equally strong. If the opinion of the 
representative of each district is to prevail, where the 
necessity of calling in the residue of the legislature to 
assist in the election, when it is in their power to disre¬ 
gard the wishes of him who alone has knowledge or in¬ 
terest in the subject ? Why not give at once, to the 
representative of each district, the right of appointing 
its judge ? But if it is designed that the whole legisla¬ 
ture should be a check upon the local representatives, 
then it is probable that in every case where the legisla¬ 
ture undertakes to act in opposition to their will, that 
an incompetent or obnoxious judge would be foisted up¬ 
on the people. The whole tendency of such a system 
is to lead inevitably to log rolling and barter of votes.— 
Except as regards the election of the supreme judiciary, 
whose jurisdiction is co-extensive with the limits of the 
State, it is evident that a vast majority of the legisla¬ 
ture would have no personal and direct interest in the 
selection of a good judge for each of the districts.— 
Each member of that district, however, will have some 
ulterior object to gain, of more interest to himself and 
his constituents than the appointment of a particular 
man to the office of judge in some of the neighboring 
or remote districts of the State. Whatever that object 
may be, his vote will be the chief capital upon which he 
is to rely for its attainment; and can it be doubted that 
that vote would be cast not so much with reference to 
the choice of a good judge as to the accomplishment of 
his own purposes. The purity of the legislature, the 
dignity of the judiciary, and the proper working of our 
system, require that these two departments should not 
be so blended as to lead to the corruption of the one, and 
the degradation of the other. 

To confer the power of appointment upon the execu¬ 


tive is equally objectionable. The same reason which 
renders it important that the judiciary should not be sub¬ 
ordinate to the legislature, applies equally to the exec¬ 
utive. It »s the duty of the judiciary to bring the acts 
of the executive to the test of the constitution, and to 
keep this department within the sphere allotted to it by 
law. By holding in his hands the power of re-appoint¬ 
ment, you give to the executive absolute dominion over 
the judges, and if disposed to do a violent thing, he 
would soon fill the bench with fitting instruments to 
sanction and sanctify the deed. Give him this power, 
and he will unite in his own person all the powers of 
government ; with legislative and executive functions 
and a servilo and obedient judiciary, he will possess as 
much power as the crowned monarch on his throne. 

We object to it, also, because it is the one man power. 
It is a shoot from the doctrine transplanted from the 
royal gardens of London tower. The patronage of the 
executive is a remnant of the monarchial principle, and 
it is the fountain from whence have issued copious 
streams of demoralization that have flowed over the 
land. Nothing can be more disgraceful and degrading 
to the character of the American republic than the hu¬ 
miliating spectacle which is presented upon the acces¬ 
sion of each new executive to the chair of state. That 
spectacle is not only witnessed in the State governments 
but upon the more elevated theatre of the nat ional gov¬ 
ernment ; swarms and myriads of office-hunters flock to 
the seat of government, as cormorants and vultures gath¬ 
er around a new slain carcass; they besiege and beset 
every avenue which leads to the executive palace ; and 
it is said that one President lost his life by the harrass- 
ment and importunities of these hungry claimants, that 
would take no denial. It is a lamentable truth, yet it 
cannot be concealed, that there are hosts of individuals 
who follow in the wake of the two great political par¬ 
ties, as sharks follow in the wake of a ship for the offal 
that is thrown overboard, or as thieves and banditti fol¬ 
low after the caravans of the East, for the hope of the 
plunder they may pick up in the rear. It is time that 
this evil should be remedied. This fountain of bitter 
waters should be dried up at its very source. The ex¬ 
ecutive ought to be shorn of the whole of his patronage. 
The power of appointment should be taken from him 
altogether, and placed where it properly belongs, in the 
hands of the people. Any convention which shall ac¬ 
complish this important work of reformation, will have 
earned for itself a lasting title to the gratitude of pos¬ 
terity. 

O’Dr. Landor has addressed a letter to the people 
of Germany, advising them first to give their tyran¬ 
nous rulers a thorough flogging, then and to emigrate 
in a solid body to America. He say's: “A people can 
do without a king, but what can a king do without a 
people?” 

Texas. —The Galveston News states that six sugar 
plantations on the Brazos river, comprising nine hun¬ 
dred and seventy acres, have produced 2292 hhds and 
3550 bbls. 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ *• “ 10 00 

O’All Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

O’Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 










THE NEW CONSTITUTION. 


“POWER is always stealing from the many to the few.” 


Vol. I. Columbus, Ohio, Saturday, July 14, 1849. No. 11. 


Postage. —The postage on this work is the same as 
on a newspaper. 

ICTRead the excellent article on “Constitutional 
Governments,” copied from the “Democratic Review.” 

Constitutional Reform in Ohio. 

Among the resolves of the Democratic Convention 
of Hancock county, at a meeting to nominate a county 
ticket, was the following. 

“Resolved, That we hail with joy the incipient meas¬ 
ures taken by our Legislature for the adoption of a new 
Constitution, which shall extend to all the blessings of 
liberal principles; and we heartily recommend to one 
and all united co-operation in this great work of reform, 
for the extinguishment of all special power in the hands 
of a few, and the giving of all power into the hands of 
the people, where alone it can be safely wielded.” 

Mr. Jefferson, in 1816 , on the election of 
Judges by the People. 

“ It has been thought that the people are not compe¬ 
tent electors of judges learned in the law. But I do 
not know that this is true, and if doubtful, wo should 
follow principle. In this, as in many other elections, 
they would be guided by reputation, which would not 
err cftener, perhaps, than the present mode of appoint¬ 
ment. In one State of the Union, at least, it has been 
long tried, and with the most satisfactory success. The 
judges of Connecticut have been chosen by the people 
every six months for nearly two centuries, and I be¬ 
lieve there has hardly ever been an instance of change; 
so powerful is the curb of incessant responsibility. 

Since Mr. Jefferson wrote the above, Mississippi has 
led off in the election of Judges by the people, and so 
satisfactory a result has been produced thereby, in the 
increased confidence in the Judiciary, that New York 
has changed her Constitution and adopted the elective 
Judiciary system and the Legislatures of Pennsylvania 
and Alabama have each passed laws allowing the peo¬ 
ple to vote yea or nay on a similar change. 

Upon the Constitution of Wisconsin is engrafted a 
section requiring Judges to be elected. Though the 
State is largely democratic, and the candidates for a seat 
on the bench, at the first election wore nominated by 
regular conventions of the party, yet from a belief 
that two of the candidates of the whig party were bet¬ 
ter qualified for the station, they were elected by a large 
majority, and the Judges, in politics, are equally divi¬ 
ded. In other States, all attempts to bring political 
preferences to bear, for or against candidates for Judi' 
cial stations, have failed, and it is generally conceded 
that the selections made by the people bear a favorable 
comparison with those selected by the Legislature, or 
nominated by the Executive- 


State Capitol. 

“The State Capitol of Tennessee, at. Nashville, is 
said to be one of the grandest edifices of the kind in 
the Union, exceeding in its dimensions the Girard Col¬ 
lege at Philadelphia. It is two hundred and forty feet 
deep, by one hundred and thirty-five feet front, and 
will be supported by twenty-eight columns, each forty 
feet in height. The height of the building will be 
eighty feet. The “Banner” says that the whole build¬ 
ing is to be constructed of stone and iron, inside as well 
as outside. Unlike any other building in the United 
States, the interior is to be of dressed stone.” 

The above is copied from the National Intelligencer. 
We annex the dimensions of the main building of the 
Girard College, obtained from the final report of the 
architect, by which it will be seen to be a larger build¬ 
ing than the Tennessee Capitol. 

We also give the dimensions of the Capitol of Ohio, 
now erecting at this city, and of the Capitols of Indiana 
and of the United States. 

The Girard College, 150 feet by 216. Columns 6 
feet diameter, 55 feet high. Whole height of the build¬ 
ing 100 feet from the ground to the apex of the pedi¬ 
ment. Covers a superficies of 34,344 square feet. 

The Capitol of Tennessee, 135 by 240. Covers asu- 
perficies of 32,400 square feet. 

The Capitol of Ohio, 304 by 184. Covers a super¬ 
ficies of 55,936 square feet. 

The Capitol of Indiana, 80 by 180. Covers a super¬ 
ficies of 14,400 square feet. 

The Capitol at Washington covers a superficies of 
about 61,700 square feet. 

And, to enable our readers to compare buildings of 
this country with some of the structures of the Old 
World, we give the area of two of the large edifices of 
Europe—one of ancient, the other of modern Rome: 

The Colisium covers a superficies of 246,341 square 
feet. 

St. Peter’s Church covers a superficies of 227,0C9 
square feet. 

The Capitol of Ohio is not built merely as a State 
House—that is, simply for holding the sessions of the 
General Assembly, but it will include all the public of¬ 
fices on the first floor, and a Library and U. S. Court 
room on the second, in addition to the Chambers for 
the Senate and House of Representatives, and numer¬ 
ous committee rooms. 


Of the seven millions comprising the entire popula¬ 
tion of Brazil, three millions are said to be slaves. 




























162 


THE NEW CONSTITUTION. 


Eligibility and Qualification for Office. 

The article which follows, we find in an exchange, 
without credit. It will be found interesting, as show¬ 
ing the progress of Government Reform, since the 
close of the last century, and the increased belief of 
man’s capability for self-government. In the changes, 
as to the eligibility and qualification for office, no doubt 
there were many who thought the doing away with 
property qualification, an alarming innovotion, which 
if not checked might lead to anarchy and misrule. Ex¬ 
perience has shown the folly of such fears. 

By the constitution of New Hampshire, adopted in 
.1783, the Governor, to be. properly eligible, must be an 
inhabitant of the Sta*e or Colony for seven years; must 
be possessed of an estate of £500, half freehold, and a 
professor of the Protestant religion. To be eligible to 
the Senate, they must be an inhabitant seven years, 
having freeholds of £200, and be of the Protestant re¬ 
ligion. To be eligible to the Lower House, they must 
be residents of the State two years, have property equal 
to £180, and profess the same religion. 

The constitution of Massachusetts, in 1780: The 
Governor was required to have seven years residence, 
and a freeholder of £1000. A Senator must have a 
residence of five years, and a freehold estate of £600 or 
a personal estate of £600. A Representative must have 
a residence of one year, a freehold of £100, or £200 
taxable property. They must all make oath that they 
were believers in Christianity. 

The constitution of New'York, in 1777, required 
the Governor to have a three years residence ; “a wise 
and discreet freehold and the Senators to be chosen 
frern freeholders. Nothing special as to the other 
Honse. 

The constitution of New Jersey, in 1776, required 
that the Senate (then called the Legislative Council) 
should consist of persons who had been one year resi¬ 
dents,-‘and worth at least £1000 proclamation money.” 
Members of Assembly must have a years residence, and 
be worth £500. 

The constitution of Pennsylvania, in 1778, provided 
that members of Assembly should be residents of their 
respective counties two years, make oath that they be¬ 
lieve in God’s government and in. the divine authorities 
of the Holy Scripture. No preperty qualifications, ex¬ 
cept that of having paid taxes. 

By the constitution of Delaware, in 1776, the Sen¬ 
ate and Assembly were to consist of freeholders ; 
and both they, the Governor, and all persons admitted 
to public trust, were to subscribe a profession of reli¬ 
gion. 

The constitution of Maryland, in 1776; required 
“that a person of wisdom, experience and virtue should 
be chosen Governor.” That he should be twenty-five 
years of age, a resident five years, and have within the 
State real and personal property above the value of i 
£5000, whereof at least £1000 to be real estate. Sena¬ 
tors must be twenty-five years of age, three years resi¬ 
dent, and real and personal property above the value of 
£1000. Delegates to the other House must be 21 
years of age, and have property to the amount of £500 
each. All these officers must subscribe a declaration 
of Christianity. 

In Virginia, in 1776, the Senate were required to be 
•'resident freeholders” of the district, twenty-five years 
of age; and members of the Legislature must be free¬ 
holders of their respective counties. 

The constitution of North Carolina, in 1776, re¬ 
quired the Governor to be 35 years of age, 5 years a 


>> 

resident, and a freehold of £1000 value. A Senator 
must be one year a resident, and possess a £300 free¬ 
hold—the other House, a year’s residence, and £100 
freehold. 

The constitution of South Carolina, in 1778, re¬ 
quired the Governor to be a resident of ten years, to 
have a freehold of £10,000 clear of debt, and to bo a 
Protestant Christian. His Council were to be of like 
estate and like religion, with five year’s residence.— 
Senators must have £2000, with actual residence, 
or, if non-residents, a freehold of £7000—and they 
must also be Protestant Christians. Members of 
Assembly must be Protestants, of three year’s resi¬ 
dence. 

The constitution of Georgia, in 1777, required the 
Governor to have a residence of three years, and both 
Houses of the Legislature, at least one year. The mem¬ 
bers of these Houses were required to be Protestant 
Christians, and owners of two hundred and fifty acres 
of land each, or property of some kind, to the amount 
of £250. 

Such were the views of the early patriots, as to the 
kind of men who were most likely to be fit for employ¬ 
ments of the higher political grades. 


Constitutional Reform. —There appears to be but 
one sentiment expressed by the Democratic Press 
throughout the State, in reference to the proposed re¬ 
form in the constitution of Ohio. This oneness of opin¬ 
ion argues well for the success of the plan proposed, 
and we fondly anticipate that an overwhelming major¬ 
ity of the people are in favor of the calling of a con¬ 
vention to revise the constitution, and to form one bet¬ 
ter adapted to the wants of the State. The “ New 
Constitution,” published in Columbus, and edited by 
Col. Medary, is one of the best publications of the day, 
and those who are not acquainted with the reason why 
a change is wanted in the constitution, would do well 
to subscribe for it, as it would have the tendency to 
inform them upon the subject, and point out specifical 
ly all the changes which would be desirable, and con¬ 
tribute to the welfare of the State. As the campaign 
opens, we want to discuss the proposed changes, and 
endeavor to show that there is a reform demanded in 
the present state of affairs. 

And we hope the good people of Delaware county, 
will be upon their guard, lest some of the candidates 
who are seeking their suffrage, impose themselves upon 
them, as it is well known that some of those now in 
the field have not only spoken but written against the 
chance proposed in the constitution. At a proper time 
wo expect to notice these things ; and to hold them up 
to the view of the people for their consideration .—Del 
aware ( O.) Standard. 

The Constitution of a State. 

What constitutes a state ? 

Nothigh-raised battlement or labored monud. 

Thick walls or moated gate ; 

Not cities fair, with spiresand turrets crowned; 

No ;—men, high minded men— 

With powers as far above dull brutes endowed 
In forest brake or den, 

As beasts excel cold rocks and brambles rude— 

Men who their duties know, 

Kno v too their rights, and, knowing, dare maintain, 
Prevent the long aimed blow, 

And crush the tyrant while they rend the chain— 
These constitute a state. 











THE NEW CONSTITUTION. 


163 


[From the Democratic Review oi March, 1847.] 
CONSTITUTIONAL GOVERNMENTS. 

The science of government, according to the will of 
the people, as expressed in written constitutions, has, 
in the United States, made considerable progress only 
in the last twenty years, and reform has but now re¬ 
ceived a direction which will secure the enactment and 
administration of laws for the benefit of the whole peo¬ 
ple. To the peculiar manner in which the United 
States were settled, are we indebted for that experiment 
in self-government, which has been so triumphantly 
carried out in our institutions. The most liberal Eu¬ 
ropean statesmen of the last century, while they ac¬ 
knowledge the right of the people to a certain degree 
of influence in the national councils, repudiated the 
idea of trusting them with government. Even the great 
men of America, when assembled to constitute the re¬ 
publican form of federal government, which the people 
demanded, by no means reposed unanimously full con¬ 
fidence in the wisdom of trusting the people too far.— 
Many able men distrusted them altogether, and others, 
C nsiderable in numbers and influence, saw safety only 
1 1 a “ strong government,” by which was understood 
the concentration, in the hands of the executive, of 
n;arly all those powers which would increase its au¬ 
thority and influence, but which of right should remain 
with people in whom sovereignty is inherent. It would 
seem that the science of government had practically 
retrograded in the United States, from the first settle¬ 
ment of the colonies up to the formation of the Union, 
and had not materially advanced in Great Britain, from 
the revolution of 1688, up to the date of the reform act, 
a period of a century and a half. 

In 1688, the supporters of the crown contended for 
the full exercise of the implied powers of the execu¬ 
tive and the most liberal construction of the ancient 
constitution, and denied the right of the people to 
change their rulers under any circumstances. The whig 
party, on the other hand, contended that the assump¬ 
tions of the executive were so far infractions of the 
constitution, that, to preserve that rule of government, 
it became necessary to set aside the reigning family and 
■ubstitute another. From the time of the Conquest, 
up to the reign of Charles, that unwritten thing, the 
British constitution, had been slowly assuming a recog¬ 
nisable shape, through the efferts of the people against 
the exactions of the crown ; and time had so far 
legitimatised the usurpations of the Normans, that the 
government had come to be regarded as a compact, by 
which the prince was secured in the possession of the 
throne and in the allegiance of the people forever.— 
Hence, when the Stuarts undertook to recover back 
some of the ancient prerogatives of the crown, which 
had been lost or disused for ages, the attempt was re¬ 
garded as usurpation on the prut of the crown, and the 
people, in the exercise of that right of revolution to 
which they laid claim, placed at the head of affairs one 
of the ablest of British monarchs. The restoration of 
legitimacy was but the renewal of the attempts of the 
crown on the rights of the people; and although the 
good-nat"red follies of Charels II. postponed, until the 
reign of his successor, the final action of the people in 
relation to the house of Stuart, that family was set 
aside for its pertinacious attempts to extend the royal 
prerogative. It is curious that the British people, hav¬ 
ing twice removed the monarch, should still repudiate 
the idea of self-government. The people who had so 
effectually exercised the right of revolution, still hesi¬ 
tated to trust themselves with their own government, 
but they deliberately invited the family of Hanovsr to 
come and reign over them. 

“ We, the Lords, spiritual and temporal, and Com¬ 
mons, do, in the name of the people of England, most 


humbly and faithfully submit ourselves, and our heirs 
and posterities, to William and Mary, their heirs and 
posterities forever.” 

This William, on his accession to the throne, imme¬ 
diately issued a declaration to the effect that all magis¬ 
trates should resume their former offices, and all return 
to their “ ancient prescriptions and charters.” The 
matter then went on as before. The people Imd changed 
their rulers—put out one family and put in another, 
giving it $5,000,000 per annum to rule the empire for¬ 
ever They then returned to their occupations, and did 
not presume to meddle with government themselves.— 
They had gone a great ways, however, in asserting 
the right of changing their rulers, under any circum¬ 
stances. 

On this great question statesmen divided, and the 
state trials of the time distinctly drew party lines. The 
tories denied the the right of the people to change their 
rulers under any circumstances. The'whigs justified 
the measure, on the ground that they had not made a 
revolution, but had resisted one; that the prince having 
endeavored, by extending his prerogative, to disturb the 
constitution, had infringed the compact, and forfeited 
his rights under it. They virtually said to the Stuarts, 
‘‘you are not disposed to abide by your contract, there¬ 
fore we must get somebody to govern us that will.”— 
They accordingly, to prevent the Stuarts from “chang¬ 
ing the ancient constitution,” set them aside, and call¬ 
ed in the Hanover Protestant family to make a new 
contract, and go on as before. The tories of that time 
contended for the royal prerogative, and for the most 
extended construction of the ancient constitution, as 
well expressed as implied, in order to strengthen the 
government. 

The idea of doing away with the absurd scheme of 
king-craft, and the whole compact between governors 
and governed, was repudiated altogether by the most 
radical whigs, and continued so down to the French 
revolution of 1790, when the example of America, and 
the doctrines of the French republicans, evidently had 
an effect in giving an impulse to constitutional reform; 
but toryism triumphed, and it is only within the last 
twenty years that the people have gained ground.— 
Nearly a similar course of things took place in the 
American colonies. The first settlements were made 
by friendless emigrants, whose own energies earned for 
themselves an abiding-place in the wilderness. Their 
own indomitable bravery drove back the savages; their 
own industiy accumulated around them comforts and 
wealth; and their own wisdom and virtne organized so¬ 
ciety, and framed goverments suited to their condition. 
Their self-goverment was of a purely democratic form, 
and was discharged on principles of justice and virtue. 
As soon as the first settlers at Plymouth had provided 
for their immediate wants, and their footing became 
firm in the land of their adoption, they formed a civil 
government of primitive simplicity. Bv general suf¬ 
frage a governor was chosen, and his power restricted 
by a council, originally of five assistants, and for eigh¬ 
teen years the whole body of male inhabitants consti¬ 
tuted the legislature. The state was governed in a form 
of strict domocracy; the whole people were frequently 
convened to decide, both on judicial and executive 
questions. With the rapid growth of the people, and 
the difficulty of general assemblages, the representative 
system naturally sprung out of this pure democracy. 
The intelligence and strong sense of the people in sub¬ 
mitting to this change, saved our infant republics from 
the fate of the democracies of ancient times, us well as 
from that of Poland. 

By these means the habit of self-government was es¬ 
tablished, and the problem worked out, before the most 
radical party of England would acknowledge the prin¬ 
ciple. The constitutions by which those primitive so- 




164 


THE NEW CONSTITUTION. 


X 


cieties were governed, were free from the complicated 
provisions that afterwards became inserted. It was 
strange that individuals of strong sense, who had shown 
that they were so weil qualified to take care of them¬ 
selves, should have accepted the charters thrust upon 
them by England, containing the implied obligation of 
allegiance on one hand, and government according to 
law on the other. The history of Massachusetts is, 
indeed, the story of her resistance to English domina¬ 
tion. Full confidence in the people was, however, ap¬ 
parently wanting; and baleful influences continually 
encroached upon the rights of the people, until those 
governments, which at first were administered by the 
whole body of the people, and subsequently by the 
meetings of instructed delegates, came to be a compli¬ 
cated machine, which operated injuriously to many in¬ 
terests. It became an instrument in the hands of a few 
to oppress the many. The distinctive spirit of the 
British parties continued to exercise an adverse influ¬ 
ence here. The tory party, that had supported the ab¬ 
solute authority of the crown then, contended here for 
strong governments; for concentrating in the executive 
many powers which it was supposed unsafe to trust al¬ 
together to the people; nay, many eminent men sup¬ 
posed it unsafe to trust to the people at all. When, how¬ 
ever, finally our glorious constitution was framed, the 
same party constantly strove to extend, by implication, 
the powers actually conferred upon the government.— 
The revolution of the colonies was precisely the same 
in principle to that of the English revolution of 1688 ; 
viz., the colonies did not make a revolution, they re¬ 
sisted one. It was the act of the king, in attempting 
to govern, not according to law, and in forcing the 
slave trade upon the south against their remonstrances, 
that caused a change of rulers. When that event took 
place, the colonies had each to adopt some organic law. 
The public mind was then mostly engrossed by the war 
and the establishment of Independence ; but little 
thought was, therefore, bestowed upon the science of 
constitutional government, and nearly all the constitu¬ 
tions were formed an the basis of the English system 
—a system, of which the chief feature was distrust of 
the people. 

Fifty years of peaceful experience in the working of 
our written constitutions, have not only developed 
their defects, by which too much power was drawn out 
of the hands of our people, but have also developed the 
difficulty of making legislators abide by the instruction 
of the instrument which called them into being. The 
same party which backed James II. in his pretensions, 
in 1688, has, down to this day, unceasingly exercised 
the same influence in aiding legislation to usurp pow¬ 
ers, where none were conferred upon them by the con¬ 
stitution. The working of the best of our constitutions 
has shown, not only how little legislation is needed for 
the general welfare, but how large a portion of every 
session el each legislature has been expended in enact¬ 
ing laws for private purposes, at the expense of the 
public welfare. The leading tendency of our consti¬ 
tutions has been, from their inherent defects, to too 
much centralization. By taking from the people the elec¬ 
tion of the subordinate officers of the state, the power 
and influence of the chief magistrate and predominant 
party has been strengthened, and this centralized pow¬ 
er has been the medium of dispensing the large patron¬ 
age of the legislature, growing out of tlie powers con¬ 
ferred and assumed, of creating special charters, con¬ 
tracting debts, constructing public works, loaning the 
credit of the state for private purposes, and other ques¬ 
tionable authorities which they exercise, and in the 
discussion and application of which, four-fifths of their 
time is occupied. 

In former numbers, we have treated of these evils 
more at length, and to a considerable extent they have 


been remedied in the new constitution of the state of 
New York. That instrument is, however, far from 
being sufficientl/ rigid in its limitations upon the ac¬ 
tion of government; the spirit of reform is abroad, 
and the western states, which are colonies of the old¬ 
er members of the confederation, are not only profit¬ 
ing by the experience of the constitutions tiiat have 
been in operation, but they are ahead in the race of re¬ 
form. The constitution of Missouri, which contained 
many excellent provisions, was rejected by the people, 
possibly by the adverse influence of the old distrust of 
the people which, without any fixed principle to guide 
it, has so long characterized a leading party. Iowa, 
Wisconsin, Illinois, Indiana, and Ohio, have formed, 
and are in the way of forming, constitutions that may 
greatly restrict the evil influences of legislation in the 
respective states. The constitution of Wisconsin, 
which will be submitted to the people in May next, is, 
perhaps, the best yet framed to ensure the transaction 
of public business, to the exclusion of private, by the 
legislature. It provides, also, more completely for the 
seperation of the legislative from the judicial branches, 
or law-making from law-administering, than most of 
the constitutions, and puts the judiciary upon a footing 
which will tend to secure to every man cheap and spee¬ 
dy justice. In the constitution of the state of New 
York, a clause pointing out the manner in which the 
i state may be sued by individuals, was stricken out.— 
This has been retained in the Wisconsin constitution, 
and with sound reason. The constitution of a state is 
but the written will of the people, laying down rules 
for the guidance of annual legislatures, who act legal¬ 
ly as long as they adhere to that instrument. In the 
constitution of the federal government, whatever pow¬ 
er is not expressly granted to Congress, does not be¬ 
long to it. Congress is but a meeting of ambassadors, 
with authority to act under a written instrument on 
certain matters expressed in it. All powers which do 
not appear there, are reserved by the sovereign states, 
constituents of that Congress. In the same manner, 
the legislature of a state should be regarded as but the 
assembled delegates of the people for the transaction 
of business under the state constitution. That consti¬ 
tution being the chart for their proceedings, they should 
have no powers but those expressly laid down in it.— 
They are elected, and assemble for the transaction of 
public business only ; when that business comes before 
them, they should discharge it according to the writ¬ 
ten rules before them. When a citizen has a private 
claim upon the state, it should be investigated and ad¬ 
judicated precisely as if his claim wasagainst a compa¬ 
ny, or another individual ; and to that end he should 
have the right of bringing the state before a court, and 
having his claim fairly heard. The notion that the 
state is too dignified a body to be sued by an individual, 
is a trace of the old theory of the infallibility of the 
crown. On principles of justice and equality the peo¬ 
ple have no more right to be unjust collectively than 
individually ; and if it waives its dignity so far as to 
sue an individual, in order to exact justice from him, 
it is far more dignified to come down from its stilts to 
do him justice. We are at a loss to perceive, however, 
that the present system of “lobbying” and “log-roll¬ 
ing,” to procure the allowance of exorbitant claims, 
frequently where none is justly due, is a more dignified 
course than for the people collectively to submit to the 
majesty of the laws of their own creation, and to satis¬ 
fy the claims of individuals according to strict justice. 
The framers of the Wisconsin constitution appear to 
have taken this view of it, and the legislature is per¬ 
mitted to direct in what courts, and in what manner, 
suits may be brought against the state ; and it is for¬ 
bidden to grant any extra compensation after a contract 
shall have been entered into, or to any officer, after ser- 






THE NEW CONSTITUTION. 


165 


vice rendered. A vast system of corruption, of which 
New York has been the victim to a fearful extent, 
would, should tne instrument be adopted, be thus cut 
off in Wisconsin. It is also prohibited to the legisla¬ 
ture to contract any debt, undertake the construction 
of public works, except with the proceeds of land 
granted by Congress, loan the credit of the state for 
private purposes, or to create any banks. It also pro¬ 
vides, that the property of no person shall be taken for 
public use, without just compensation therefor. It 
would be better, we think, to require that this compen¬ 
sation should be “ first made therefor.” The judiciary 
of the state Is re-organized on the principle of the elec¬ 
tion of judges for a fixed term, with salaries and no 
fees. It is vested in justices of the peace, chosen by 
the people of the towns, for two years; judges of pro¬ 
bate, by county electors, for two years; circuit judges, 
chosen by the electors of each circuit, for five years, 
with salaries of $1500 each, and no fees ; one of these 
judges to be appointed chief justice, by the legislature, 
and the assembled circuit judges to constitute the Su¬ 
preme Court, with appellate jurisdiction only. A clerk 
of the circuit is also to be chosen in each judicial dis¬ 
trict, and he is to'perform the office of register of deeds. 
The Chancery Court is abolished. The system of ma¬ 
king the assembled circuit judges the Supreme Court, 
has been in operation in Illinois under its present con¬ 
stitution, and has found to work badly, inasmuch as 
that it became a great political engine, a hot-bed, out 
of which all the great political offices of the state were 
selected—a kind of oligarchy, which divided up the 
high offices among themselves. The Wisconsin con¬ 
stitution endeavors to guard against that evil, by ma¬ 
king a circuit judge ineligible to any other office, not 
only while he nolds office, but for two years after his 
resignation. This does not, however, prevent his go¬ 
ing into office on the expiration of the judgship, for 
which he may be elected. 

In order further to provide for the despatch of public 
business, the members of the legislature are allowed two 
dollars per day for the first forty days of the session, 
and one dollaronly for each succeeding day. 

The rights of married women and a homestead fora 
family, are provided for as follows :— 

“ ARTICLE XV. 

“ On the rights of married women, and an exemptionfrorn 
forced sale. 

“ Sec. 1. All property, real and personal of the wife, 
owned by her at the time of her marriage, and also 
that acquired by her after marriage, by gift, devise, de¬ 
scent or otherwise, than from her husband, shall be her 
separate property. Laws shall be passed providing for 
the registry of the wife’s property, and more clearly 
defining the rights of the wife thereto, as well as to 
property held by her with her husband, and for carry¬ 
ing out the provisions of this section. Where the wife 
has a separate property from that of her husband, the 
same shall be liable for the debts of the wife contracted 
before marriage. 

“ Sec. 2. Forty acres of land, to be selected by the 
owner thereof, or the homestead of a family not ex¬ 
ceeding forty acres, which said land or homestead shall 
not be included within any city or village, and shall not 
exceed in value one thousand dollars, or instead thereof 
(at the option of the owner,) any lot or lots in any city 
or village, being the homestead of a family, and not ex¬ 
ceeding in value one thousand dollars, owned and oc¬ 
cupied by any resident of this state, shall not be sub¬ 
ject to forced sale or execution for any debt or debts 
growing out of or founded upon contract, either ex¬ 
pressed or implied, made after the adoption of this con¬ 
stitution: Provided, that such exemption shall not af¬ 
fect in any manner any mechanic’s or laborer’s lien, or 


any mortgage thereon lawfully obtained ; nor shall the 
owner, if a married man, be at liberty to alienate such 
real estate, unless bv consent of the wife'” 

This provision in relation to a homestead we are not 
prepared to assent to. If a man owes a just debt to an¬ 
other, it is because he has had and enjoyed the properly 
of that other ; and there is no reason, founded in natu¬ 
ral justice, why he should not pay that other to the 
“ uttermost farthing.” Under that section, a man in 
the possession of a house and land worth $1000, may 
make a contract with another person, not sufficiently 
rich to own house and land, for, say $200, and the law 
bars the poor creditor of his remedy. The provision is 
of the same nature as the stay law' of Illinois, set aside 
by the United States Supreme Court. If a man from 
Wisconsin buys goods or makes a contract in another 
state, that contract may be enforced against the home¬ 
stead, notwithstanding the above constitutional provis¬ 
ion ; which, however popular it may be in certain sec¬ 
tions, is not founded in natural justice. The head of a 
family should depend on his own industry, economy 
and circumspection for a homestead, rather than upon a 
law to ensure it to him against the just claims of, per¬ 
haps, a suffering creditor. 

The constitution of Wisconsin will, however, we 
trust, be adopted, and that slate will then have have the 
honor of starting into being with a more just and popu¬ 
lar constitution than any state before it. Illinois will, 
no doubt, next year frame and adopt a new constitu¬ 
tion, at least as much in accordance with tb e spirit of 
the age as that of Wisconsin. Indiana is also progress¬ 
ing towards reform ; and it has been agitated in Ohio 
in a quarter, and with a vigor which promises success. 
A motion to submit the question of a convention, to 
reform the constitution of Ohio, failed in the popular 
branch of the legislature, by a vote of 36 for, to 29 

against it; two-thirds being necessary to pass the reso¬ 
lution. No state in the Union requires a new consti¬ 
tution more than Ohio ; not so much from the necessi¬ 
ty of keeping up with the progress of constitutional 
government, as from the fact that she has outgrown 
her old one. She is, judicially, like a young giant 
with a boy’s coat on. Her present constitution was 
adopted in 1S02, when her population was 48,000 ; it is 
now near 2,000,000. The constitution that was framed 
for the government of a territory, that then comprised 
the present state of Ohio and part of Michigan, is now 
strained up to the wants of a dense population, ricn in 
multifarious interests. It was not to be expected, how 
virtuous or wise soever might be the men who framed 
the Ohio constitution forty-five years ago, that they 
should have had forecast sufficient to provide for the 
increasing wants of this rapidly growing state. Ac¬ 
cordingly, great and mamfest evils have long since 
evinced ihe necessity of reform. The judiciary, in 
particular, is little better than a mere farce. The courts 
cannot be legally held, from the mere physical impossi¬ 
bility of complying with the requirements of the con¬ 
stitution The coroners and sheriffs are elected by the 
people for two years, and the justices of the peace for 
three vears. The judges are elected by the legislature 
for seven years ; and of the Supreme Judges thre are 
four only ; two form a quorum. These are required to 
hold a Supreme court in every county in the state at 
least once in a year. Ohio has 85 counties, spread over 
an area of 36,500 square miles, 270 miles in length and 
140 in breadth. Hence, these judges have to travel 
thousands of miles, and hold 85 supreme courts a 
year. The mere traveling is a most severe labor ; but 
when they have performed it, and attended to the busi¬ 
ness of 2,000,000 people in 85 counties, their iaoor is 
not done. They are then required, collectively, to hold 
at Columbus, Ohio, a “ Court in Bank, for the revis- 
ion of their own decisions, made in their galloping 





166 


THE NEW CONSTITUTION. 


courts through the state during the previous months of 
the year. This system was devised 45 yiar ; ago for a 
colony of 48,000 persons ; and 29 members of the pres¬ 
ent legislature of Ohio voted against submitting to the 
people the question, whether a convention should be 
be called to remedy this farce ! The practical operation 
of this plan was forcibly set forth by Mr. Vallandig- 
ham, iu the Ohio legislature, in a speech on his motion 
to submit to the people the question of a convention. 
After remarking upon the clause of the constitution, 
that every person shall have remedy by due course of 
law, “ without denial or delay,” he went on as follows: 

“ Take but a single example of daily occurrence. 
You commence suit in the Common Pleas at its April 
term. Your cause is just, but your adversary’s lawyer 
thinks he detects a flaw in the declaration. A demur¬ 
rer is put in. The June term comes; business press¬ 
es: law arguments can only be heard at the end of the 
term, and then in the hurry and confusion you either 
deem it unsafe to hazard your case, or the court are 
unable to hear it. You suffer a continuance. Novem¬ 
ber term arrives, and the demurrer is argued and over¬ 
ruled. Surely you will now have justice and remedy 
without further denial or delay. But stop ; that reme¬ 
dy is to be by ‘due course of law,’ and the courts will 
not dispose of two several issues in the same cause at 
the same term. Again continued, is the mandate of 
the judge. It isnow April term, and the issue is made 
up, when,lo, a material witness is suddenly found ab¬ 
sent by the defendant, beyond the process of the court. 
What then ? An affidavit, and yet another continu¬ 
ance. Or worse ; after waiting perhaps a whole fort¬ 
night with your witnesses, expecting the trial every 
hour, the court is compelled to adjourn without reach¬ 
ing your case. A whole year is now already gone 
since you began suit, confident behind the constitu¬ 
tional shield against delay. Butskillful legal tacticians 
have turned the flank of the constitution. Disheart¬ 
ened a vexed almost beyond endurance, you yet make 
another effort, and the June term brings the consum¬ 
mation of your hopes. Trial is had, and you have ob¬ 
tained a verdict. But a new trial is moved for ; the 
court hear the argument, and cooly pocket the motion, 
telling you in vulgar law Latin, curia vult advirsare. 
In November this motion is overruled. But lo. a bill 
of exceptions has been provided by your adversary, 
and you are transported to the Supreme Court, that 
lazaar house of litigation, where ‘ hope never comes 
that comes to all.’ Well, air, some time between the 
next March and December, the ‘ angel visit ’ of that 
august flying squadron, is announced, and you repair 
to the court room just in time to find the court adjourn¬ 
ed and on horseback for the next county. Another 
year revolves—the third since you applied for that rem¬ 
edy which you thought to obtain without ‘denial or de¬ 
lay’—and your case is heard. But, behold, the judges 
disagree, and the case is reserved to bank. The scales 
now fall from your eyes, and you find yourself involv¬ 
ed in what you deem interminable litigation. It is too 
late, however to retreat, and after one or two years 
more, or three it may be, you again obtain a tardy de¬ 
cision in your favor, and enter upon the enjoyment of 
your rights, but the end is not yet. Yours may have 
been a chancery suit, and just at the moment you be¬ 
gin to sit down in repose from the fatigues of litiga¬ 
tion, a bill of review is filed by your indomitable adver¬ 
sary. And after passingagain through the same courts, 
and the same tedious process of procrastination, after 
five or six years more, an adverse decision is obtained 
against you ; and stripped at last of everything, wor¬ 
ried, exhausted, indignant, you give up in despair.— 
Now I appeal to every lawyer to say whether the pro¬ 
cess I have described may not be passed through in al¬ 
most every case, and whether it is not pased through 


in every fiercely litigated case brought into court.” 

Such, it appears, is the physical activity of the Su¬ 
preme Judges of Ohio. Under such circumstances, is 
it not wonderful, that members should stand up in their 
places, and vote not against reform, not against a bill 
to revise the judiciary, not against a bill to amend the 
constitution, not against a convention to revise it, but 
simply against allowing the people to say whether they 
will have a convention or not? It is not surprising that 
they should trust the people with electing a governor, 
and refuse to trust them with the election of a judge— 
because, from the political bias of the State of Ohio, 
the old leaven of distrust of the people is strong among 
her political leaders ; but it is certainly strange, that 
when a numerous body should have demanded reform, 
that members should refuse them the opportunity of 
ascertaining whether they are in the majority or not.— 
The question is put by numerous bodies of the people, 
and members refuse to take the yeas and nays upon it. 
Ii is not an absurd judicial organization alone that ef¬ 
fects Ohio ; she has, perhaps more than any other state, 
suffered from the overabundance of private legislation, 
of charter-mongering, contract letting, and debt creat¬ 
ing. Corruption has, through unstable and hasty le¬ 
gislation, burdened the people with debts and taxation 
to a most deplorable extent. No state has greater rea¬ 
son than Ohio to complain of the iniquity of the lobby. 
For years, the business of lobbying for counties and 
towns and city charters was a lucrative one, and pri¬ 
vate emolument has been the basis of five-sixths of tho 
legislation in Ohio, as well as of other States. At the 
session of 1844-5, the number of laws passed to pro¬ 
mote the general welfare was 89, and the number of 
those that concerned individuals only, passed to benefit 
them at the expense of the public, was 470. For eve¬ 
ry law passed of a legitimate nature, five were enacted 
for private profit, including all descriptions of corpora¬ 
tions. The state legislature has come to be regarded 
more as the means of exacting something from the 
public, than as the meeting of the delegates of the 
people assembled to transact public business under 
written instructions. Surely these are evils to be re¬ 
moved, and they may easily be done awry with by 
general laws. One constitutional provision may be 
made to operate uniformly upon corporations. The 
number of citizens who may form a village, a city, 
&c., mav be specified, and the power that shall pertain 
to such a municipal corporation, when notice, is given 
in a manner prescribed, defined, and the whole matter 
of legislating for private purposes placed above the cor¬ 
ruptions of annual legislatures. The power to con¬ 
tract debts and construct public works, the citizens of 
Ohio are admonished, by the onerous taxation they la¬ 
bor under, is sufficiently liable to abuse to need consti¬ 
tutional restraints. Her long lines of public works, 
that long since would in private hands have paid an 
interest on a reasonable cost, are but a bill of expense 
defrayed by direct taxes. The iniquitous corrup¬ 
tions and political influence of which those works 
have been the medium, are fraught wtth warning for 
the future. 

A great source of the inequality in the conditions of 
men in respect of wealth and comfort arises from the 
action of law. Too much government has a direct 
tendency to aid one man or one set of men in the “pur¬ 
suit of happiness,” and in the “ acquiring, possessing, 
anp protecting property,” if not at the expense of the 
rest, at least without rendering them the like assistance. 
As far as the conditions of animal existence go, there 
is very little difference in the ability of all men to pro¬ 
vide for themselves and families ; and if all were left 
without any special aid from government, both land 
and the products of industry would be far more equal¬ 
ly distributed than they are. It is no doubt the case, 






THE NEW CONSTITUTION. 


167 


that there are men more industrious, more skillful, 
more economical in their business, and frugal in their 
habits, than their fellows, and that these men will nat¬ 
urally acquire a large share of wealth. But their pro¬ 
portion will be much less if left to their own unaided 
exertions and watchfulnesss against the viscissitudes of 
life, than if the law steps in and assists them in the ac¬ 
quirement and possession of property. It is, however, 
the case, that four-fifths of the action of all legislation 
is, by law, to promote the accumulation of property 
in a few hands. If a portion have too much, others 
of necessity, have too little. If the law draws from 
the general mass of the products a portion, and gives 
it to one man without an equivalent, it tends to dimin¬ 
ish the value of labor. As an instance, a number of 
citizens are engaged in the production of flour, pork, 
leather, ashes and tobacco; the state government of 
New York assumed that the persons who produced 
these articles, and those who buy them, could not ap¬ 
preciate their value without its intervention; that a 
plain citizen had not sense to see a hole in a side of 
leather, or to judge of the quality of pork or flour ; 
but as soon as the executive gave that citizen a bit of 
parchment authorizing him to receive a portion of the 
produce, he became mysteriously endowed with quali¬ 
ties that he did not before possess, and could now not 
only see a hole in a hide for himself, but for the whole 
community also. They then commissioned persons, 
who received in one year, for looking at the five arti¬ 
cles named, $142,000. Here the operation of the law 
was diryctly to take from the producers a large portion 
of their goods, and give them to individuals without 
equivalent. The consequence was, that the latter be¬ 
came rich, more so than the farmers, and the national 
wealth was diminished by the amount of that, which 
those persons would have earned by their own indus¬ 
try, had the law not conferred wealth upon them with¬ 
out exertion. For similar purposes are the larger pro¬ 
portion of laws passed; but always under the pretence 
that they benefit the public. 

Corporations for the transaction of business, in which 
there is no individual liability clause,'are most perni¬ 
cious in their effects. A number of persons wish to 
enter into a speculation, which they think profitable, 
but they do not wish to encounter risk—they wish to 
tom at the risk of other people. They therefore apply 
for a charter, which allows them to subscribe a small 
sum each, to form a capital, and then borrow and run 
in debt on the strength of the credit of their charter. 
They ask the legislature to give them the profits, and to 
throw the losses upon their fellow-citizens. Thebusi- 
ness is then conducted in a careless and unskillful man¬ 
ner. If, through the aid of the law, large profits are 
earned, the stockholders only get the benefit. If losses 
are incurred, they do not pay their debts, but retire 
behind the soulless corporation, leaving the creditor 
public to suffer. Why should the state thus allow one 
set of men to contract debts and enjoy the property of 
the industrious, without being liable for the re-pay¬ 
ment? To say that the reckless enterprise of these peo¬ 
ple benefits the country, is to say that robbery and ex¬ 
travagance are desirable virtues. It has also been as¬ 
sumed, that without these privileges, enterprise would 
not be undertaken, which is about the same thing as 
saying, that avarice would lose its desire for gain, and 
industry its vigor, unless spiced with robbery. The 
example of England, however, shows that the only ef¬ 
fect of the individual liability clause, is to promote care 
and business forecast in the conduct of institutions.— 
All stockholders in English banks are liable for the 
whole debts of the concern, whatever may be their 
amount; and, to protect individuals, any stockholder 
may move the liquidation of the concern, if he can show 
that 25 per cent, of the capital is lost. Under this sys¬ 


tem joint-stock banks have multiplied more rapidly in 
England than under the reckless plan of the United 
States banking. 

The losses of the creditors of a bankrupt corporation 
are by no means all the plunder that appertains to the 
managers. Where all the stockholders are liable for 
all the debts, the greatest care and circumspection 
would be, as in England, exercised by all the parties, to 
the end that all the joint property of the concern should 
be turned to the best account, in order that the amount 
each would have to pay from his private purse to make 
up any deficit, should be as small as possible. At pres¬ 
ent, the reverse is the case, and the most acute find as 
much profit in settling up a company as in conducting 
it. When it is unprofitable, application is made for an 
injunction and a receiver. The applicant takes care to 
procure the appointment. He then has all the assets 
of the concern in his own hands, and forthwith proceeds 
to ascertain their value. Having done so, he knows 
the actual value of the stock shares ; and while, offi¬ 
cially, every indirect discouragement is given to poor 
holders as to the ultimate value of their stock, agents 
are at work buying them up at perhaps one-fourth their 
value. In this way $50,000 may, by judicious man¬ 
agement, be squeezed out of a company, the capital of 
which is $500,000. This plundering system emanates 
directly from unjust laws. The person who acquires 
enormous wealth through this action of government, 
might, perhaps, dependant upon his own exertions on¬ 
ly, have had his share of the national wealth, and no 
more. 

A simple constitutional promise, that on certain spe¬ 
cified conditions, any set of persons may be a body 
corporate for any purpose, each one of them being lia¬ 
ble for all the debts of the concern, as in the case ot 
partnership, would root out the whole system of leg¬ 
islative charter-mongering. 


Railroad Cases. — A large number of appeals were 
taken from the appraisements of the committee that 
appraised the damage on the route of Cleveland, Co¬ 
lumbus and Cincinnati Railroad Company through 
Richland county. The appraisers there, as in Lorain, 
offset estimated benefits against actual damages, and 
the court at its present session [Judge Bliss, elected 
last winter, presiding] has set aside the appraisement in 
every case tried, because the balance or amount given 
was not enough. We rejoice at this, as it gives some 
evidence that individual rights are not always to be 
trampled down by wealthy, overbearing, insolent coi- 
porations. The corporations, for several years back, 
have been the most absolute tyrants that ever scourged 
any country, and heretofore it has been worse than use¬ 
less for individuals to contend with them. A brighter 
day seems to be dawning—a day when courts will not 
aid them in riding roughshod over individuals. Here¬ 
tofore when they have wanted the property of individ¬ 
uals to aid them in their splendid schemes of specula¬ 
tion, it has been seized and appropriated under the 
false and lying pretext that it was for public use, and 
little or nothing paid for it. If a farm is to be cut to 
pieces, and a part of it forcibly wrested from the owner, 
let him be paid, not half paid, for it.— Lorain Argus- 

The Value of Crowns. 

“ Kingdoms to-day are upside, down, 

The castle kneels before the town, 

A monarch fears a printer’s frown, 

A brickbat’s range ; 

Give me in preference to a crown, 

Five shillings change.” [ HaUeck. 









168 


THE NEW CONSTITUTION. 


REEORM IX ENGLAND IN 1689. 

The Bill of Rights granted by William and 
Mary. 

In our last we gave a synopsis of Magna Charta, 
forced from King John in 1215, by his subjects. The 
second great Reform, of which Englishmen boast, was 
the “Bill of Rights,” secured to the people after the ac¬ 
cession of William and Mary, Prince and Princess of 
Orange, to the throne, and the expulsion of the Stuarts. 

The English Parliament on the 13th of February, 
1688, made a declaration in writing, recapitulating the 
charges made against King James II, which was pre¬ 
sented to the King and Queen, charging James with 
endeavoring to subvert and extirpate the Protestant 
religion and the laws and liberties of the people. The 
items in the charge against the late King are those 
provided against in the “Bill of Rights.” 

The Parliament which met at Westminster on the 
22d day of January, 16S9, to take into consideration 
the state of the country, and “in order to such an es¬ 
tablishment as that their religion, laws, and liberties 
might not again be in danger of being subverted” and 
the members taking into their most serious considera¬ 
tion the best means of attaining the ends aforesaid, 
made the following declaration: 

1. That the pretended power of suspending of laws, 
or the execution of H'.ws, by legal authority, without 
consent of parliament, is illegal. 

2. That the pretended power of dispensing with 
laws, or the execution of laws, by regal authority, as 
it hath been assumed and exercised of late, is illegal. 

3. That the commission for erecting the late court 
of commissioners for ecclesiastic causes, and all other 
commissions and courts of like nature are illegal and 
pernicious. 

4. That levying money for or to the use of the 
crown, by pretence of prerogative, without grant of 
parliament for longer time, or in other manner than 
the same is or shall be granted, is illegal. 

5. That it is the right of the subjects to petition the 
King, and all commitments and prosecutions for such 
petitioning, are illegal. 

6. That the raising or keeping a standing army 
within the kingdom in time of peace, unless it be with 
consent of parliament, is illegal. 

7. That the subjects that are protestants may have 
arms for their defence suitable to their conditions and 
as allowed by law. 

8. That the election of members of parliament 
ought to be free. 

9. That the freedom of speech, and debates or pro¬ 
ceedings in parliament ought not to be impeached or 
questioned in any court or place out of parliament. 

10. That excessive bail ought not to be required, nor 
excessive fines imposed, nor cruel nor unusual punish¬ 
ments inflated. 

11. That jurors ought to be duly impanneled and 
returned; and jurors which pass upon men in trials for 
high-treason ought to be freeholders. 

12. That all grants and promises of fines and for¬ 
feitures of particular persons before conviction are il¬ 
legal and void. 

13. And that for redress of all grievances, and for 
amending, strengthening and preserving of the laws, 
parliaments ought to be held frequently- 

I. And they do claim, demand, and insist upon all 
and singular the premises, as their undoubted rights 


and liberties; and that no declarations, judgments, do¬ 
ings, or proceedings, to the prejudice of the people in 
any of the said premises, ought in anywise to be 
drawn hereafter in consequence or example. 

II. Having entire confidence, &c. The said Lords 
spiritual and temporal, and Commons, assembled at 
Westminster, do resolve, thatjWilliam and Mary, Prince 
and Princess of Orange, be, and be declared King and 
Queen of England, France and Ireland, and the do¬ 
minions thereunto belonging, to hold the crown and 
royal dignity of the said kingdoms and dominions to 
them the said prince and princess, during their lives, 
and the life of the survivor of them; and that the sole 
and full exercise of the regal power be only in, and 
executed by the said Prince of Orange, in the names of 
the said prince and princess, during their joint lives; 
and after their decease, the said crown and royal dig¬ 
nity of the said kingdoms and dominions to be to (he 
heirs of the body of the said princess, and for default 
of such issue, to the princess Anno of Denmark, and 
the heirs of her body, and for default of such issue, to 
the heirs of the body of the said Prince of Orange.— 
And the lords, spiritual and temporal, and commons, 
do pray the said prince and princess to accept the same 
accordingly, &c. 

The remainder of the “Bill of Rights” is mainly 
devoted to providing for the protestant succesion to the 
throne and imposing disabilities on Catholics. Thellth 
resolve declares the assent of the King and Queen to the 
Act. 

The intelligent reader, cannot fail to be struck with 
the fact that in the Constitution of Ohio and of the 
United States, are to be found several sections evident¬ 
ly drawn from the “Bill of Rights” above given. Sec¬ 
tion 10 above given, is nearly word for word with that 
of the 8th article of the amendments to the Constitu¬ 
tion of the United States, and of Sec. 13, of Art. 8, of 
the Constitution of Ohio. In one or two other instan¬ 
ces a similarity, nearly as great, shows itself. 

Contrasting “ Magna Charta” with this “Bill of 
Rights,” the progress of man towards freedom can be 
seen. In the former, he is shown as just emerging 
from the dark ages, and claiming that the King 
should no longer exercise the right of withholding 
her dowry from the widow, or to force females to marry 
against their consent, for such were among the great 
points gained by “MagnaCharta. The “Bill of Rights,” 
guarantied privileges to the people, some of which 
have come down to us, as we have before shown, and are 
incorporated in our fundamental law, nearly vtrbatim. 
These, however, are mixed up with the intolerance 
of the age, and we look rvith somewhat of surprise 
on the men, who could thus force from the monarch 
some of the dearest rights of freemen, at the same time 
denying to their fellow man the right of worshiping 
the Almighty according to the dictates of conscience, 
and imposing disabilities on those who refused to bow 
the knee in supplication to their God, according to the 
form established by law. 

One of these disabilities, that which prevented Catho¬ 
lics from holding a seat in Parliament, has, within our 
own age, been wiped from the statute book by the pass¬ 
age of the Catholic emancipation bill, and the law im¬ 
posing similar disabilities on the Jews, is about sharing 
the same fate. 





THE NEW CONSTITUTION. 


169 


I'he Constitutions of tlie different 
States. 

\\ e have been requested by a correspondent to pub¬ 
lish a synopsis of the Constitutions of the different 
States of the American Union. This we commence in 
the present number, taken from the “Statesman’s Man¬ 
uel,” which work we have taken the liberty of correct¬ 
ing in several instances, not only as to dates, but as to 
matters of fact. This we do from an anxiety to make 
the historical part of our publication a book to which 
the reader can refer with confidence, and this we are 
sorry to say, cannot be done with many of the works 
on State Government, now in common use. The sy¬ 
nopsis of theJConstitution of New York, we were forced 
to re-write, the author of the “Manuel” having given 
that of the old Constitution, instead of the revised one. 
In our next, we will probably be able to complete the 
synopsis, giving in the two numbers, a birds eye view 
of the Constitutions of all the States. 

Maine. 

The Constitution of this State was formed in 1819, 
and went into operation in 18120. 

The legislative power is vested in a Senate and a 
House of Representatives, both elected annually by the 
people, on the second Monday of September. These 
two bodies are together styled the Legislature of Maine. 

The number of representatives cannot be less than 
100, nor more than 200. A town having 1,500 inhab¬ 
itants is entitled to send one representative; having 3,- 
750, two; 6,775, three; 10,500, four; 15,000, five; 20,- 
250, six; 26,250, seven; but no town can ever be enti¬ 
tled to more than seven representatives. The number 
of senators cannot be less than twenty, nor more than 
thirty-one. 

The legislature meets (at Augusta) annually, in the 
month of May; it formerly met in January. 

The executive power is vested in a governor, who is 
elected annually by the people, on the second Monday 
in September, and his term of office commences on the 
first W ednesday in January. A council of seven mem¬ 
bers iaplected annually, by joint ballot of the senators 
and representatives, to advise the governor in the ex¬ 
ecutive part of government. 

The right of suffrage is granted to every male citi¬ 
zen aged twenty-ona years or upward (excepting pau¬ 
pers, persons under guardianship, and Indians not tax¬ 
ed), having had his residence established in the state 
for the term of three months next preceding an election. 

The judicial power is vested in a supreme judicial 
court, and such other courts as the legislature may, 
from time to time, establish. All the judges are ap¬ 
pointed by the governor, with the advice and consent 
of the council; and they hold their offices during good 
behavior, but not beyond the age of seventy years. 

New Hampshire. 

A constitution was established in 1784 ; and in 1792, 
this constitution was altered and amended by a con¬ 
vention of delegates held at Concord, and is now in 
force. 

The legislative power is vested in a senate and house 
of representatives, which, together, are styled the Gsn- 
eral Court of New Hampshire. 

Every town, or incorporated township, having 150 
ratable polls, may send one representative ; and for ev- j 
ery 300 additional polls, it is entitled to an additional 
representative. 

The senate consists of twelve members, who are cho¬ 
sen by the people in districts. 


The executive power is vested in a governor and a 
council, which consists of five members. 

The governor, council, senators, and representatives, 
are all elected annually, by the people, on the second 
Tuesday in March, and their term of service commences 
on the first Wednesday inJune. 

The general court meets annually (atConcord) on the 
first Wednesday in June. 

The right of suffrage is granted to every male in¬ 
habitant of twenty-one years of age, excepting paupers 
and persons excused from paying taxes at their own 
request. 

The judiciary power is vested in a superior court, 
and a court of common pleas. The judges are appoint¬ 
ed by the governor and council, and hold their offices 
during good behavior, but not beyond the age of seven¬ 
ty years. 

Vermont. 

The first constitution of this state was formed in 
1777, and revised in 1786 ; the one now in operation 
was adopted on the 4th of July, 1793 ; and an amend¬ 
ment establishing a senate was adopted in January, 
1836. 

The legislative power is now vested in a senate and 
house of representatives, elected by the people annually, 
on the first Tuesday in September. 

The senate consists of thirty members; each county 
being entitled to at least one, and the remainder to be 
apportioned according to population ; and the house 
of representatives is composed of one member from 
each town. The senators must be thirty years of age, 
and the lieutenant-governor is ex-officio president of the 
senate. 

The legislature is styled the General Assembly of the 
State of Vermont, and meets annually, on the second 
Thursday of October. 

The executive power is vested in a governor, or, in 
his absence, a lieutenant-governor, both elected annual¬ 
ly by the people, on the first Tuesday in September, 
and their term of office expires on the second Thursday 
in October. 

The judiciary powers are vested in a supreme court, 
consisting of five judges, chosen every year by the leg¬ 
islature; in a county court, consisting of three judges, 
chosen in the same manner, (one of the judges of 
the supreme court being chief-justice,) who hold 
courts twice a year, in their respective counties, and 
in justices of the peace, appointed in the same man¬ 
ner. 

The constitution grants the right of suffrage to every 
man, of the full age of twenty-one years, who has re¬ 
sided in the state for the space of one whole year, next 
before the election of representatives, and is of quiet 
and peaceable behavior. 

A council of censors, consisting of thirteen persons, 
are chosen every seven years (first elected in 1799), on 
the last Wednesday in March, and meet on the first 
Wednesday in June. Their duty is to inquire wheth¬ 
er the constitution has been preserved inviolate; wheth¬ 
er the legislative and executive branches of government 
have performed their duty as guardians of the people; 
whether the public taxes have been justly laid and col¬ 
lected; in what manner the public moneys have been 
disposed of; and whether the laws have been duly ex¬ 
ecuted. 

Massachusetts. 

The constitution of this state was formed in 1780, 
and amended, by a state convention and the people, in 
1821. Several amendments huve since been recom¬ 
mended by the legislature, and adopted by the people. 

The legislative power is vested in a Senate and House 
of Representatives, which together are styled the Gen¬ 
eral Court of Massachusetts. 









170 


THE NEW CONSTITUTION. 


The Senate consists of forty members, who are cho¬ 
sen annually by the people, by districts,.or counties, 
according to population. 

The House of Representatives consists of members 
chosen annually by the cities and towns, according to 
population, every town having 300 ratable polls elect¬ 
ing one representative, and for every 450 more, one 
additional representative. Any town having less than 
300 polls, to be represented as many years within ten 
years, as 300 is contained in the product of the num¬ 
ber of polls in said town, multiplied by ten. When 
there is a surplus of polls over a sufficiency for one or 
more representatives, multiply the surplus by ten, and 
divide by 450, and the quotient will show how many 
years of the decennial period the town shall be allowed 
an additional representative. 

The supreme executive magistrate is styled the 
Governor of the Commonwealth of Massachusetts, and 
has the title of “His Excellency .” The governor is 
elected annually by the people, and at the same time a 
lieutenant-governor is chosen, who has the title of 
“His Honor .” The governor is assisted in the exec¬ 
utive department, particularly in appointments to office, 
by a council of nine members, who are chosen by the 
joint^ballot of the Senators and Representatives, from 
the Senators; and in case the persons elected council¬ 
lors decline the appointment, others are chosen by the 
legislature from the people at large. 

The annual election is held on the second Monday 
in November, and the general court meets at Boston, 
on the first Wednesday of January. 

The right of suffrage is granted to every male citizen 
twenty-one years of age and upward (excepting pau¬ 
pers and persons under guardianship,) who has resided 
within the commonwealth one vear, and within the 
town and district in which he may claim a right to 
vote, six calendar months next preceding any election, 
and who has paid a state or county tax, assessed upon 
him within two years next preceding such election; 
and also every citizen who may be by law exempted 
from taxation, and who may be in all other respects 
qualified as above mentioned. 

The judiciary is vested in a supreme court, a court 
of common pleas, and such other courts as the legis¬ 
lature may establish. The judges are appointed by the 
governor, by and with the advice and consent of the 
council, and hold their offices during good behavior. 

Rhode Island. 

The charter granted to the colony of Rhode Island, 
by King Charles II., in 1663, formed the basis of the 
state government, until the present constitution was 
framed, which was adopted in November, 1842, and 
went into effect on the first Tuesday of May, 1843. 

By this constitution, the legislative power is vested 
in a Senate and House of Representatives, who are to¬ 
gether styled the General Assembly of the State of Rhode 
Island and Providence Plantations. 

The Senate consists of the governor, lieutenant- 
governor, and one senator from each of the thirty-one 
towns in the state. 

The House of Representatives consists of sixty-nine 
members, apportioned among the towns according to 
population. Each town is to have at least one, and no 
town more than twelve representatives. 

1 he executive power is vested in a governor, being, 
with the lieutenent-governor, senators and representa¬ 
tives, elected annually by the people, on the first 
Wednesday of April, for the year commencing the 
first Tuesday of May, when the General Assembly 
meets at Newport; and adjourned sessions are held alter¬ 
nately at Providence, East Greenwich and Bristol. The 
judges and other public officers, except those chosen 
by the people, are appointed annually by the General 
Assembly. 


The judicial powers are vested in a supreme court, 
consisting of achief justice and three associate justices, 
who hold their offices until they are removed by a res¬ 
olution passed by both Houses of the Assembly, and in 
a court of common pleas for each county, consisting of 
a justice of the supreme court, and two associate jus¬ 
tices. 

The right of suffrage is vested in all male native 
citizens of the United States, who have resided in the 
state two years, and in the town where they propose to 
vote, six months; who have been registered in the town 
clerk’s office at least seven days before the election; 
have paid within one year a tax of one dollar, or have 
done military duty within the preceding year; like¬ 
wise, in all male citizens (naturalized foreigners) of the 
United States, who in addition to the preceding qualifi¬ 
cations, possess real estate in the town or city, worth 
$134 over all incumbrances, or which rents for $7 per 
annum. 

Connecticut. 

The charter granted in 1662 by Charles II., formed 
the basis ol' the government of Connecticut till 1818, 
when the present constitution was framed. 

The legislative power is vested in a Senate and 
House of Representatives, which together are styled 
the General Assembly. 

The members of the House of Representatives are 
chosen by the different towns in the state; the more 
ancient towns, the majority of the whole number, send 
each two Representatives; the rest only one each. The 
present number is 220. 

The Senate must consist of not less than eighteen, 
nor more than twenty four members, who are chosen 
by districts. The present number is twenty-one. 

The executive power is vested in a governor. A 
lieutenant governor is also chosen, who is president of 
the Senate, and on whom the duties of the governor 
devolve, in case of his death, resignation, or ab¬ 
sence. 

The representatives, senators governor and lieuten¬ 
ant-governor, are all elected annually by the people, 
on the first Monday in April. 

The General Assembly has one stated session every 
year, on the first Wednesday in May, alternately at 
Hartford and at New Haven. 

Every white male citizen of the United Starft, who 
shall have gained a settlement in this state, attained the 
age of twenty-one years, and resided in the town in 
which he may offer himself to be admitteil to the priv¬ 
ilege of an elector, at least six months preceding, and 
have a freehold estate of the yearly value of seven 
dollars, in this state; or having been enrolled in the 
militia, shall have performed military duty therein for 
the term of one year next preceding the time he shall 
offer himself for admission, or being liable thereto, shall 
have been, by authority of law, excused therefrom; or 
shall have paid a state tax within the year next prece¬ 
ding the time he shall present himself for such admis¬ 
sion, and shall sustain a good moral character ; shall, 
on the taking such an oath as may be prescribed by 
law, be an elector. 

The judicial power is vested in a Supreme Court of 
errors, a Superior Court, and such inferior courts as 
the General Assembly may, from time to time estab¬ 
lish. The judges are appointed by the General Assem¬ 
bly; and those of the Supreme and Superior Courts 
hold their offices during good behavior, but not beyond 
the. age of seventy years. 

No person is compelled to join, support, or to be 
classbfl with, or associated to, any congregation, 
church, or religious association. But every person 
may be compelled to pay his proportion of the expen¬ 
ses of the society to which he may belong; he may, 





THE NEW CONSTITUTION. 


171 


however, separate himself from the society by leaving 
a written notice of his wish with the clerk of such so¬ 
ciety. 

New York. 

The constitution of New York was formed in 1777 
—amended in 1801—again amended in 1221, and re¬ 
modeled in 1846. 

The executive power is vested in a governor, who is 
elected by the people every two years ; and at the same 
time, a lieutenant governor is chosen, who is president 
of the senate, and on whom, in case of the impeach¬ 
ment, resignation, death, or .absence of the governor 
from office, the powers and duties of governor devolve. 

The legislative power is vested in a senate of thirty- 
two members and an assembly of 128 members. On e 
half of the senate is elected each year and serve for 
two years—the members of the assembly are elected 
annually. The senate and the assembly united is 
called the legislature. 

For the election of senators, the state is divided into 
thirty-two districts. The members of the assembly 
are “apportioned among the several counties of the 
state.” The board of supervisors (an office similar to 
that of county commissioner iffOhio,) have the right 
to divide counties having the right to elect more than 
one member, so as to elect by single districts. 

The constitution grants the right of voting to every 
male citizen over the age of 21 years, who has been a 
citizen of the town where he offers to vote for ten days, 
and an inhabitant of the state for one year next prece¬ 
ding the election, and for the last four months a resi¬ 
dent of the county. Colored persons having been 
three years citizens of the state, and for one year next 
preceding the election, own a freehold estate of the 
value of two hundred and fifty dollars, over and above 
all debts and incumbrances charged thereon, and who 
shall have been actually rated and paid a tax thereon, 
or also entitled to participate iu the elective franchise. 

The judicial power of the state is vested in a courtof 
appeals composed of eight judges, four of whom are to 
be elected by the people and four to be taken from the 
justices of the supreme court having the shortest time 
to serve—in a supreme court, having general jurisdic¬ 
tion in law and chancery and in county courts. For 
tho election of judges of the supreme court, the state 
i^-to be divided into eight districts,and they to be elected 
by the qualified voters of the districts—the county 
judges, having jurisdiction in cases arising in justiees 
courts and in such special cases as the legislature may 
prescribe, but are not to have special jurisdiction except 
in the special cases pointed out by law. 

The constitution also provides for the final pavment 
of the state debt, and for the election of all state offi¬ 
cers and of clerks of courts by the people. 

New Jersey. 

The original constitution of New Jersey was formed 
in 1776, and no revision of it took placeuntil the adop¬ 
tion of the present constitution, in 1844, except that 
the legislature undertook to explain its provisions in 
particular parts. 

In May, 1844, a convention of delegates, chosen by 
the people, assembled at Trenton, and prepared the 
draught of a new constitution, which was submitted 
to the people on the 13th of August, was adopted by 
a large majority, and went into operation on the 2d of 
September, 1844. 

The legislative power is vested in a Senate and Gen¬ 
eral Assembly, who are styled the Senate and General 
Assembly of the State of New Jersey, under which title 
laws are enacted. 

The Senate consists of one Senator from each county, 
elected by the people for three years, one third going 
out each year. Their present number is nineteen. 


The General Assembly consists of not more than 
six f y, chosen annually by the people of each county', 
by apportionment according to the number of inhab¬ 
itants. 

The members of the Senate and of the General As¬ 
sembly are elected on the second Tuesday of October, 
and meet at Trenton on the second Tuesday in the next 
January, when the legislative year commences. 

Charters for banks and money corporations require 
the assent of three fifths of the members elected to 
each House, and are limited to twenty years. 

The executive power is vested in a governor, elected 
by the people once in three years, at the general elec¬ 
tion. He has the power of nominating and appointing 
to office, with the advice and consent of the Senate, the 
chancellor, justices of the supreme court, judges of 
the court of errors and appeals, and all other officers 
not otherwise provided for by law. 

The judicial power is vested in a court of errors and 
appeals, composed of the chancellor, the judges of the 
supreme court, and six other judges; a court for the 
trial of impeachments; a courtof chancery; asupreme 
court, of five judges, and courts of common pleas.— 
The chancellor and judges of the supreme court hold 
their offices for seven years, the six judges of the court 
of errors and appeals, for six years, one judge vacating 
his seat each year in rotation. 

The right of suffrage is exercised by every white 
male citizen of the United States, who has resided in 
the state one year, and in the county where he votes, 
five months (paupers, idiots, insane persons and crimi¬ 
nals excepted). 

Pennsylvania. 

The first constitution of Pennsylvania was adopted 
in 1776; a second one in 1790; and the present amen¬ 
ded constitution was adopted in 1837. 

The legislative power is vested in a General Assem¬ 
bly, consisting of a Senate and House of Representa¬ 
tives. 

The Senators are chosen for three years, one third 
being elected annually, by the people, by districts.— 
Their number cannot be greater than one third, nor 
less than one fourth of the number of Representa¬ 
tives. The present number is thirty-three. 

The Representatives are chosen annually on the sec¬ 
ond Tuesday of October, by the citizens of Philadel¬ 
phia, and each county respectively, apportioned accor¬ 
ding to the number of taxable inhabitants. The num¬ 
ber can not be less than sixty nor more than one hun¬ 
dred; which latter is the present number chosen. 

The General Assembly meets annually at Harris¬ 
burg, on the first Tuesday of January, unliss sooner 
convened by the governor. 

The supreme executive power is vested in a gover¬ 
nor, who is chosen on the 2d Tuesday in October, and 
who holds his office during three years from the 3d 
Tuesday of January next after his election; and he 
cannot hold it longer than six years in any term of nine 
years. 

The judicial power is vested in a supreme court, in 
courts of oyer and terminer, and general jail delivery, 
in a court of common pleas, orphans’ court, register’s 
court, and court of quarter sessions of the peace for 
each county, in justices of the peace, and in such oth¬ 
er courts as the legislature may from time to time es¬ 
tablish. 

The judges of the supreme court, courtof common 
pleas, and other courts of record, are appointed by the 
governor, with the consent of the senate—the judges 
of the supreme court for fifteen years; the president 
judges of the court of common pleas, and other courts 
of record, for ten years; and the associate judges of the 
courts of common pleas, for five years. 










172 


THE NEW CONSTITUTION. 


The right of suffrage is exercised by every white 
freeman of the age of twenty-two years, having resi¬ 
ded in the state one year, and in the election district 
where he offers his vote ten days immediateiy prece¬ 
ding such election, and within two years paid a state or 
county tax, which shall have been assessed at least ten 
days before the election. White freemen, citizens of 
the United States, between the ages of twenty-one and 
twenty-two years, having resided in the state one year, 
may vote without paying taxes. 

Delaware. 

The constitution was formed in 1792, and amended 
in 1831. 

The legislature is styled the General Assembly, and 
consists of a Senate and House of Representatives. 

The Senators are nine in number, namely, three 
from each county, and are elected for a term for four 
years. 

The Representatives are elected for a term of two 
years, and are twenty-one in number, seven from each 
county. 

The General Assembly meets at Dover, biennially, 
on the first Tuesday in January, unless sooner con¬ 
vened by the governor. 

The general election is held biennially, on the sec¬ 
ond Tuesday in November. 

The executive power is vested in a governor, who is 
elected by the people for a term of four years, and is 
not eligible for a second term. 

The judicial power is vested in a court of errors and 
appeals, a superior court, a court of chancery, an or¬ 
phans’ court, a court of oyer and terminer, a court of 
general sessions of the peace and jail delivery, a regis¬ 
ter’s court, justices of the peace, and such other courts 
as the Geueral Assembly may, by vote of two thirds of 
each House establish. 

The right of suffrage is granted to every white male 
citizen of the age of twenty-one years, or upwards, 
having resided in the state one year next before the 
election, and the last month in the county where he 
votes; and having within two years paid acounty tax. 
Also, to every white male citizen over twenty-one, 
and under twenty-two years of age, having resided 
as aforesaid, without payment of any tax. 

Maryland. 

The constitution of this state was first formed in 
1776, since which time many amendments have been 
made by the legislature, which has the power, if amend 
ments are passed by one legislature and confirmed by 
the next in succession. 

By the constitution as it stands at present, the legis¬ 
lative power is vested in a Senate consisting of twenty- 
one members, and a House of Representatives of sev¬ 
enty-nine members, and these two branches united, are 
styled the General Assembly of Maryland. 

The Senators are elected by the people, one from 
eich county, and one from the city of Baltimore, and 
hold their seats for six years, one third being chosen 
annnally. 

The members of the House of Delegates are elected 
annually by the people; the city of Baltimore to send 
six delegates; counties having more than 35,000 inhab¬ 
itants, six delegates; less than 35,000, and more than 
25,000, five delegates; less than 25,000 and more than 
15,000, four delegates; less than 15,000, three del¬ 
egates. 

The executive power is vested in a governor, who is 
chosen by the people, and holds his office for three 
years from the first Monday of January, but is ineli¬ 
gible for the next succeeding term. The state is divi¬ 
ded into three districts, and the governor is taken from 
each of the districts, alternately. The governor nom¬ 
inates, and with the consent of the Senate, appoints all 
officers whose offices are created by law. 


The annual election is held on the first Wednesday 
in October, and the General Assembly meets at Annap- 
polis, on the last Monday in December. 

The judicial power is vested in a court of chancery, 
a court of appeals of six judges, county courts, and 
orphans’ courts. The state is divided into six judicial 
districts, and for each district there are a chief judge 
and two associates, who constitute the county courts 
for the respective counties in the district. The six 
chief judges constitute the court of appeals for the 
state. The chancellor and judges hold their offices du¬ 
ring good behavior. 

The constitution grants the right of suffrage to every 
free, white male citizen, above twenty-one years of 
age, having resided twelve months in the state, and six 
months in the county, or in the city of Annapolis or 
Baltimore, next preceding the election at which he of¬ 
fers to vote. 


Written for the New Constitution. 

JUDICIAL REFORM. 

NUMBER TWO. 

Col. Medary : —Law is defined to be “ a rule of hu¬ 
man conduct.” It follows, then, that it should be cer¬ 
tain, fixed and stable. It cannot else be “ the perfec¬ 
tion of reason.” How are we to square our lives to 
the measure of the law, when the law iiself is con¬ 
stantly fluctuating and changing ? The right of to¬ 
day becomes the wrong of to-morrow, according to the 
tenure of judicial decision. Settled rules ar6 reversed 
with imperturbable complacency, and old precedents 
departed from and flung away with as much noncha¬ 
lance as the worn out garments of the schoolboy when 
he assumes the virile toga of manhood. There is no 
certainty in the tenure of property; the mala prohibi- 
ta are constantly changing ; and even the malum in «e 
is sometimes moved from its fixity by ttie torture of ju¬ 
dicial interpretation. Every year adds a new series of 
somersets to the regular system of ‘* ground and lofty 
tumbling ” of grave and ermined Acrobats. The com¬ 
mon law will be ruined to posterity, so far as Ohio de¬ 
cisions can affect it, unless something is done, and that 
speedily, to bring order out of confusion, and restore 
somewhat of uniformity and regularity to the settle¬ 
ment of principles and the interpretation of laws. In 
the present order of thinge, decisions are, in general, 
permitted to go unreversed for the period of a French 
eternity, or six calendar months ! 

These unfortunate effects are not in consequence of 
having bad judges, for we have had some as able jurists 
and ample minds upon the bench as the age can boast. 
Look at Judge Read, for instance, one of the most 
splendid intellects of his age, with a sagacity rarely at 
fault, and yet his decision in the case of Bingham v. 
Miller, in the 17th Ohio, is something worse than non¬ 
sense. In that case he enunciates the important prin¬ 
ciple that the Legislature has no power, under the con¬ 
stitution, to grant a dissolution of the marriage con¬ 
tract, and then reverses the same in his decision of the 
case, upon the ground that a vindication of the princi¬ 
ple would bastardize the issue of all marriages con¬ 
tracted subsequent to a legislative divorce—a point that 
is expressly saved by statutory enactment. 

We have also had a close reasoner and profound 
thinker in Reuben Wood—a stern intellect, and a mass 
of legal knowledge, though somewhat undigested, in 
Peter Hitchcock, who, notwithstanding the obstinacy 
of his prejudices, and his fondness for occasionally fly¬ 
ing in the face of authority, is yet a splendid lawyer 
and able judge—Lane, who wa3 a walking library of 
legal erudition—Grimke, of comprehensive thought— 
Avery, the man of detail, but still correct and studious 
—the urbane and accomplished Spaldiug—Caldwell, 






THE NEW CONSTITUTION. 


173 


the humane reformer—and a host of others, both on 
the Supreme Bench and in courts of lesser dignity, 
who, under circumstances at all favorable to the cor¬ 
rect development of legal knowledge and decision, 
would have been ornaments to the judiciary of our 
state, and a pride to the profession at large, but who, as 
matters at present stand, however enlarged and com¬ 
prehensive may be their mental ability or their profess¬ 
ional erudition, cannot avoid being infected by the pre¬ 
vailing spirit of judicial determination, and consequent¬ 
ly, fall victims to a necessity stronger than their own 
will. 

The fault is in a vicious system; a system that was 
well enough in the infancy of our commonwealth, 
when the population was sparse, the wants of the peo¬ 
ple few and simple as the habits of those sturdy pio¬ 
neers who conquered the fertile territory of the north 
west from the savage, and redeemed it from the wilder¬ 
ness; and when litigation, so far from being a practical 
iact, was, to the mass of citizens, a word without 
meaning, written of in books and mouthed by the vil¬ 
lage lawyer. But with the progress of civilization the 
t housand interests of a growing and prosperous state 
became more multiform and complicated. And now, 
what with endless and vexatious disputes about title to 
reality, the vast and complex concernments of com¬ 
merce and trade, to say nothing of the innumerable 
matters of infinitely less moment—indeed of no gen¬ 
eral importance whatever—but which too frequently 
consume as much time in decision as the settlement of 
a treaty on the conquest of a nation, the tax upon our 
judiciary has become almost too much for the endu¬ 
rance of those who are called to it as to a post of hon¬ 
or ! And yet this must not be changed, because, for¬ 
sooth, it was a respectable system when adopted.— 
They were wise men and good patriots who formed our 
system, and therefore their work should be permitted 
to remain unchanged. Indeed ! and yet they could 
not have dreamed of the many increased interests which 
the spread of population has created and multiplied, 
acquiring the fostering Care of government, or suggest¬ 
ing the unavoidable necessity of reform in the estab¬ 
lished order of things at the time of its institution; or, 
if prophecy had revealed them, they would naturally 
have supposed that as experi«nce demonstrated the ne¬ 
cessity of change, in place of a blind adherence to the 
insufficient order of a past age, the plastic hand of pro¬ 
gress would be ready to alter, toamend, and to remodel. 
We might with as much propriety refuse to build hou¬ 
ses and roads because our fathers had not built them for 
us, as to refuse to change a svstem imperfect and out 
of date, simply because it chances to be laden with the 
hoar frosts of antiquity. This is the conservation that 
teaches one to carry his grist to mill in one end of a 
sack, while its weight is balanced by a stone in the oth¬ 
er, because his grandfather had done so before him.— 
One is at a loss which to admire the more, the mon¬ 
strous bigotry or obstinate stupidity of such conserva¬ 
tism. 

There is no one thing marks so unmistakably the 
rapid growth of the diverse and multifarious interests 
of a state as the increase of legislation, and, by conse¬ 
quence, a corresponding increase of litigation. It fol¬ 
lows as naturally and necessarily as effect followscause. 
Indeed so rapid has been the increase of litigation in 
Ohio that the wonder is that experience has not long 
since demonstrated not only the inutility of the present 
system but the absolnte impossibility of continuing it. 
It is a remarkable evidence of the sagacity and far¬ 
sighted wisdom of our fathers ; and we owe it to their 
labors to remedy the evils which time has developed in 
our vast yet simple framework. 

I am not vain enough to believe, Mr. Editor, that 
the system’suggested in my last is the best one that 


can be adopted, but it is certainly far superior to the 
present. Much of the confusion and consequent evil 
resulting from an indiscriminate blending of separate 
and distinct functions in the same tribunal, would be 
avoided, and the process of justice would bo more 
speedy, sure and simple. It takes a common pleas 
judge, at present, almost the entire term of his official 
life to become thoroughly acquainted with the multi¬ 
tudinous du!ies of his station. Well, if there were a 
separation of common law and chancery jurisdiction, 
as suggested, the duties of each would be much simpli¬ 
fied and more easily comprehensible. Each judge, de¬ 
voting himself exclusively to that particular branch of 
legal science with which he is immediately connected, 
his decision would inevitably, supposing, of course, a 
reasonable degree of application, be marked with great¬ 
er learning and ability than where he had jurisdiction 
in all cases arising in the whole range of professional 
knowledge. He can study, compare, combine, arrange 
and digest. Time and attention could also be devoted 
to each case sufficient for a full investigation of the 
facts and a patient hearing at bar. 

By a separation of the chancery from the common 
law jurisdiction in our state courts,a matter of great com- 
plaint to the profession would be removed. So much 
additional time would be gained that in every case where 
it was at all desirable a full argument at bar in Bank 
could be heard without encroaching upon the time that 
should be devoted to other cases. True, we have at 
present a right, under the constitution, to argue all ca¬ 
ses at bar that are docketed for trial in the Court in 
Bank. But the sense of the, court is against oral ar¬ 
guments, and no attorney feels a disposition to trouble 
them when he is listened to so impatiently and with 
such evident reluctance. Besides, no one feels disposed 
to run the risk of prejudicing his case by insisting upon 
an argument against the palpable and expressed wishes 
of the court. The consequence is always an increased 
expense to the litigant, in printing his counsel’s brief, 
and too often a partial understanding of the case which 
might have been much elucidated by oral argument. 

I am aware my crude and imperfect suggestions do 
but scant justice to this important subject, and I sin¬ 
cerely hope thatsomeone more gifted and able will take 
up what I have unwillingly and hesitatingly begun.— 
The entire profession should go hand in hand in this 
matter. Can we not lay aside, for one moment, politi¬ 
cal bitterness and partisan animosity for the sake of 
this great reform ? I invoke the assistance of tholaw- 
yerhood, young and old, and of every class and per¬ 
suasion. We belong to the party of progress, no mat¬ 
ter in which political division we may be found doing 
battle. And I would ask, earnestly ask, whether we 
may not lay aside, for a time, the fetters of party creed, 
and the formalism of sectarian belief, in the ground 
work of judicial regeneration ? Can we not, by ap¬ 
propriate and timely reform, infuse such a spirit into 
the courts of Ohio, as will make them not only respec¬ 
table in learning and ability, but a matter of pride to 
the profession throughout the Union ? There is no 
want either of mental capability or professional erudi¬ 
tion among the lawyers of our state. They are sturdy 
and vigorous in intellect and character, and as hardy in 
resolution as they are fertile in resource, and ready and 
prompt in action. A vigorous and combined effort can 
scarcely fail of success, and I trust it will be speedily 
made. PROGRESS. 


Three hundred and sixty thousand, five hundred and 
thirty-nine gold dollars have been coined at the mint 
in Philadelphia, up to the 28th ult. That tiny coin is 
everywhere admired for its beauty and convenience.— 
Cin. Atlas) 







174 


THE NEW CONSTITUTION 


THE FEAR OF REFORM—PERIODICAL 

CHANGES OF STATE CONSTITUTIONS. 

The fear of innovation has ever been the great op¬ 
ponent of progress. It haunts the conservative mind, 
and conjures up “spectres and chimeras dire,” which 
will not down at the bidding of reason. It has ever 
been a clog on national reform, and aided by bigotry 
and superstition, for a time held the world in darkness. 

The same nightmare feeling is still in the land—still 
endeavoring to arrest the car of progress and reform, 
which has made this the model republic of the earth. 

Because Ohio has existed for six and forty years un¬ 
der the present constitution, and because within that 
time she has been prosperous, a change of her consti¬ 
tution is opposed, although none can be so blind as not 
to 6ee and to feel its defects, and thus to know that it is 
unsuited to our age and condition. Because a tree, des¬ 
pite the weeds which have grown up around it, and the 
superfluous branches which mar its beauty, and extract 
from the parent stem that sustenance which should go 
to sustain the bearing branches, these fearers of inno¬ 
vation would not use the hoe and the pruning knife 
because, forsooth, the tree might be injured. A dis¬ 
trust of new measures and of new things, is well 
enough in its place, but when an experiment has been 
tried and found useful and answering all the purposes 
intended, then to persist in opposition because it was 
unknown to former generations, is idle, not to say sil- 
1} the extreme. 

The positiou of Ohio—the salubrity of her climate 
—the fertility of her soil, and the enterprise of her cit¬ 
izens, caused her rapid advancement, despite a consti¬ 
tution ill adapted to her wants. The friends of the 
present constitution, or rather, we should say, those 
whoso fear of innovation make them prefer the pres¬ 
ent constitution to the certain chance of a better one, 
in arguing that Ohio owes any part of her present great¬ 
ness to the peculiar framing of her fundamental law, 
have failed to point out the section which has aided in 
the onward career of the state, whose advance to 
wealth and greatness in the family of states, hss been 
rapid beyond precedent, they but give us unsupported 
assertion for argument—idle declamation for facts. 

The republic under which we live and enjoy the 
blessings of liberty, was but an innovation, an untried 
experiment, or one which, if tried, had proved a failure. 
The great and the patriotic minds of our revolutionary 
sires were not deterred from the experiment by this— 
they cast all in the scale and with halters around their 
necks, they dared the hazard, and the admiration of the 
world has shown their success, and history, until time 
ceases and is no longer, will record their deeds and 
chronicle their praise. 

Among that band of patriots was one whose life had 
been spent in the study of the theory of government, and 
in whose breast was as pure a flame of republican¬ 
ism as ever burned, and it is saying naught derogatory 
to the others of that gallant band to say, that as a far- 
seeing statesman, Thomas Jefferson stood head and 


shoulders above the rest. His genius aided much in 
giving birth to the American Union, and in so framing 
the government as to render it the model upon which 
other republics have been formed, and his opinions up¬ 
on questions of governmental policy are more quoted 
than those of any other statesman out country has pro¬ 
duced. Mr. Jefferson, fortunately for the cause of free¬ 
dom and of right, had none of that silly fear of re¬ 
form, which startle the timid of the present day. 

In a letter to Mr. Kerchival, under date of July 12, 
1816, Mr. Jefferson says : 

“ Some men look at constitutions with sanctimoni¬ 
ous reverence, and deem them like the ark of the cov¬ 
enant, too sacred to be touched. They ascribe tc the 
men of the preceding age a wisdom more than human, 
and suppose what they did to be beyond amendment. 

I knew that age well ; I belonged to it, and labored 
with it. It deserved well of its country. It was ve¬ 
ry like the present, but without the experience of the 
present; and forty years of experience in government 
is worth a century of book-reading ; and this they 
would say themselves, were they to rise from the dead. 

I am certainly not an advocate for frequent and un¬ 
tried changes in laws and constitutions. I think mod¬ 
erate imperfections had better be borne with ; be¬ 
cause, when once known, we accommodate ourselves 
to them, and find practical means of correcting their 
ill effects. Bui I know also, that laws and institutions 
must go hand in hand with the progress of the human 
mind. As that becomes more developed, more en¬ 
lightened, as new discoveries are made, new truths dis¬ 
closed, and manners and opinions change with the 
change of circumstances, institutions must advance 
also, and keep pace with the times. We might as well 
require a man to wear still the coat which fitted him 
when a boy, as civilized society to remain ever under 
the regimen of their barbarous ancestors. It is this 
preposterous idea which has lately deluged Europe in 
blood. Their monarchs, instead of wisely yielding to 
the gradual changes of circumstancs, of favoring pro¬ 
gressive accommodation to progressive improvement, 
have clung to old abuses, entrenched themselves be¬ 
hind steady habits, and obliged their subjects to seek 
through blood and violence rash and ruinous innova¬ 
tions, which, had they been referred to the peaceful de¬ 
liberations and collected wisdom of the nation, would 
have been put into acceptable and salutary forms. Let 
us follow no such examples, nor weakly believe that 
one generation is not as capable as another of taking 
care of itself, and of ordering its own affairs. Let us, 
as our sister states have done, avail ourselves of our 
reason and experience, to correct the crude essays of 
our first and unexperienced, although wise, virtuous, 
and well-meaning councils. And lastly, let us provide 
in our constitution for its revision at stated periods. 
What these periods should be, nature herself indicates. 
By the European tables of mortality, of the adults liv¬ 
ing at any one moment of time, a majority will bo 
dead in about nineteen years. At the end of that pe¬ 
riod then, a new majority is come into place ; or in 
other words, a new generation. Each generation is as 
independent of the one preceding, as that was offt.ll 
which had gone before. It lias then, like them, aright 
to choose for itself the form of government it believes 
most promotive of its own happiness; consequently, 
to accommodate to the circumstances in which it finds 
itself, that received from its predecessors ; and it is for 
the peace and good of mankind, that asolemn opportu¬ 
nity of doing this every nineteen or twenty years 
should be provided by the constitution; so that it may 
be handed on, with periodical repairs, from generation 







THE NEW CONSTITUTION. 


175 


to generation, to the end of time, if any thing human 
can so long endure. It is now forty years since the 
the constitution of Virginia was formed. The same 
tables inform us, that, within that period, two-thirds of 
the adults then living are now dead. Have then the 
remaining third, even if they had the wish, the right 
to hold in obedience to their will, and to laws hereto¬ 
fore made by them, the other two-thirds, who, with 
themselves, compose the present mass of adults ? If 
they have not, who has? The dead ? But the dead 
have no rights. They are nothing ; and nothing can¬ 
not own something. Where there is no substance, 
there can be no accident. This corporeal globe, and 
e^ery thing upon it, belong to its present corporeal in¬ 
habitants, during their generation. They alone have a 
rght to direct what is the concern of themselves alone, 
and 1o declare the law of that direction ; and this dec¬ 
laration can only be made by their majority. That ma¬ 
jority then has a right to depute representatives to a 
convention, and to make the constitution what they 
think will be best for themselves.” 

In the above, Mr. Jefferson argues that constitution 
should be revised at stated periods of nineteen 01 twen¬ 
ty years. So strong did this recommendation force it¬ 
self upon the members of the convention which, in 
1846,framed the present constitution of New York, that 
they engrafted aprovision upon thatinstrument,submit¬ 
ting the question of a revision of the state constitution to 
a vote of the people every twenty years, and as much 
more frequent as the Legislature should deem proper. 
Section 2, of Art. 12, is as follows : 

“Section 2. At the general election to be held in the 
year eighteen hundred and sixty-six,and in each twen 
tieth year thereafter, and also at such time as the Leg¬ 
islature may by law provide, the question “Shall there 
be a Convention to revise the Constitution, and amend 
the same?” shall be decided by the electors qualified 
to vote for members of the Legislature ; and in case 
a majority of the electors so qualified, voting at such 
election, shall decide in favor of a convention for such 
purpose, the Legislature, at its next session, shall pro¬ 
vide by law for the election of delegates to such con¬ 
vention.” 

The thirteen original states, and the states of Ver¬ 
mont, Kentucky and Tennessee are the only states in 
the Union older than Ohio, and it is a singular fact that 
every one of the original states havechanged theircon- 
stitutions since their admission into the Union, save 
only Connecticut and Rhode Island—thejformer being 
governed by a royal charter did not form a state con- 
slitution until 1818, and the latter being also governed 
by a royal charter, did not form a state constitution un¬ 
til 1842. Of all the earlier state governments, South 
Carolina has the oldest constitution, which was last 
changed in 1790. New Hampshire has the next oldest, 
the last change having been made in 1792. Kentucky 
the next oldest, the last change being made in 1799. 
Ohio is next on the list, her constitution being formed 
in 1802, has remained without change, in any particu¬ 
lar to the present day, although it never was and prob¬ 
ably never could have been accepted by the people, if 
those most interested in good government had been al¬ 
lowed to express their assent or dissent to its provisions, 
through the ballot boxes. 

Such being the fact, the charge preferred by those 


who oppose a new constitution, that they who favor it 
are actuated by a restless hankering after something 
new, falls to the ground. Nothing but the firm and 
fixed belief that the present fundamental law of Ohio 
is unsuited to the presentcondiliou of the state, and the 
people could have united members of all the political 
parties of the state in its support, and to undergo the 
fatigue of striving year after year, to get the Legislature 
to pass a law, by the necessary two-thirds vote, and 
then to go into a canvass on the question, in order to 
lay facts before the people to inducejthem to vote yea on 
the question of allowing a convention. To use the 
language of Mr. Jefferson, in reference to himself, the 
people of Ohio “ are not advocates of frequent and 
untried changes in laws and constitutions,” but at the 
same time they hold that “laws and constitutions must 
go hand in hand with the progressof the human mind.” 
The reforms they seek are no longer experiments, for 
they have been tried in other states—or if they be still 
called experiments, those who so name them must ad¬ 
mit that they are successful ones. 

Marks of the haste with which the Framers of 

the Constitution accomplished their work. 

We have often spoken of the hot haste with which 
the Constitution of Ohio was formed by the convention 
of 1802, and in one of the first numbers of our publi¬ 
cation, we gave “at some length” the reasons which 
urged the convention to give to the people a Constitu¬ 
tion hastily made up, without submitting it to their de¬ 
cision for acceptance or rejection. 

Many of the sections are badly constructed—the 
meaning so vague and indefinite, that more time has 
been spent within our Legislative halls, in debates as 
to the true meaning of sections which might have been 
clearly expressed, than would pay the entire bill of cost 
to the people, of a convention to remodel that instru¬ 
ment. 

In an able speech of Mr. Vallandigham, in the lower 
branch of the Ohio Legis ature of 1846-’7, in support 
of a bill to provide for ascertaining the will of the peo¬ 
ple on the question of calling a convention to amend 
the State Constitution, a section of the Constitution is 
quoted, which reads one way, when the evident inten¬ 
tion was to make it read another. The same section 
has often been quoted, to show the careless manner in 
which the Constitution was framed, and is as follows: 

“ Sect. 7. No person shall be a Senator who has not 
arrived at the age of thirty years, and is a citizen of 
the United States ; shall have resided two years in the 
county or district immediately preceding the election, 
unless he shall have been absent on the public business 
of the United States, or of this State ; and shall more¬ 
over have paid a State or county tax.” 

This section, Mr. Vallandigham, who ranks as an 
able lawyer, in his speech belore referred to, contends, 
literally excludes “ every person from the Senate ‘who 
is a citizen of the United States’ or who ‘shall have re¬ 
sided two years in the county or district immediately 
preceding the election;’ or who ‘shall have paid a State 








j56 


THE NEW CONSTITUTION. 


or county tax,’ unless such person ‘shall have been ab¬ 
sent on the public business of the United States or of 
this State,’ in which event he might, if not a citizen of 
the United States, be eligible to the Senate, though he had 
resided the two years preceding his election in the coun¬ 
ty or district.” 

Constitutions are the last instruments of writing that 
should be left open to cavil and dispute, as to its true 
meaning. They are, or should be, more strictly inter¬ 
preted than any other paper. Yet we find the section 
quoted above, so carelessly drawn up, that the plain 
meaning would be to render ineligible to seats in the 
Senate, men who are clearly eligible, and to give seats 
to persons not even citizens of the country, and yet we 
are told that this Constitution should not be altered 
because we have lived near a half a century under it. 

The Speed of Steamboats Thirty-five Years 
Ago. 

We clip the following, showing the speed of the ear¬ 
lier steamboats, on the western waters, in 1813, from 
the Cincinnati Advertiser. The great uses of steam 
were then, comparatively, but little known; and even 
now, when it is applied to such a variety of purposes, 
many believe it capable of so extended an application 
as to cast into the shade all the discoveries yet made. 

Early Steamboat Speed. — “Nota Bena,” tho intel¬ 
ligent New Orleans correspondent of the Concordia 
Intelligencer, in one of his recent letters furnishes the 
following remarkable steamboat statistics: 

Here is an extract from a letter from Gen. Claiborne 
to Gen. Wilkinson, which shows strikingly the contrast 
between steamboat travelling thirty years since, and the 
present time: 

‘‘Baton Rouge, July 1st, 1813. 

‘‘I reached this place in two days and a half after 
leaving you in the city, making my way over more 
mud and water than I ever passed through in my life. 
Our march on the Miamis, under Wayne, was nothing 
to it. I beat the steamboat which left New Orleans 
twenty-four hours before me.” 

The boat here referred to must have been the low 
pressure steamer New Orleans, the first that ever as¬ 
cended the river. She left this city for Natchez, on 
her first trip, on the 23d January, 1812. Looking over 
a file of the Louisiana Advertiser, dated a week after, 

I find the following: “We are enabled to state that 
she can stem the current at tHe rate of three miles an 
hour. She went from this city to the Houmas, seven¬ 
ty-five miles, in twenty three hours.” 

In March, 1812, Livingston and Fulton launched a 
new steamer at Pittsburg, and the. Advertiser states, as 
a remarkable fact, that “ she was tried, with one hun¬ 
dred and forty tons of merchandise on board, and ad¬ 
vanced at the rate of three miles an hour, against a cur¬ 
rent of two and a half ! ” 

I have a letter before me of a well known citizen of 
Cincinnati, now resident at Hannibal, Miss., from which 
I extract the following: 

As an officer in the United States army, I was sta¬ 
tioned in the city of New Orleans, in 1816. The rank 
and file at that station being much reduced, I was or¬ 
dered to Kentucky on the recruiting service. For a 
rarity, there was a steamboat up for Louisville, (perhaps 
the second that attempted to ascend the river)—conse¬ 
quently these trips were few, far between, uncertain, 
and “extra hazardous” to travel upon. Therefore, I 


chose the land route (some 900 milles) on horseback, 
being obliged to carry a wallet containing “feed for man 
and horse,” in addition to saddle-bags. I placed my 
surplus baggage on the boat. We parted the same day 
—the boat up the river, I over lake Ponchartrain, thro’ 
three Indian nations, for Kentucky. Notwithstanding 
much detention in getting mv horse into and out of the 
hold of the vessel, (crossing the Lake,) with frequent 
interruptions by high water, (there being no bridges 
through the Indian country,) I arrived on the banks of 
the Ohio in twenty days, beating the boat five days,‘fair 
running time.’ 

How changed! It would be difficult now to find a 
person who would prefer the fatigues of a twenty day’s 
ride on horseback, through a wilderness, swimming one 
day as many as seven creeks, lying out in wet saddle 
blankets, with scant, hard,for exposed to Indian treach¬ 
ery, in preference to the luxury afforded the travelling 
public on our present floating palaces. 

Yours truly. G. 


The Reform Spirit in Pennsylvania. 

The Democratic State Convention which met at 
Pittsburgh, to nominate a Canal Commissioner, passed 
the following excellent resolution in relation to the elec¬ 
tion of Judges by the people : 

‘'Resolved, That all power should remain with and be 
wielded by the people, except, where for concentration 
and convenience, it is necessary to confide the same to 
agents. We approve not only of an elective Judiciary, 
but of electing all public servants by the people—who 
are fully competent themselves to do what they employ 
others to do.” 


The Patriot Seal of Upper Canada. 
During the Canada outbreak in 1838-39, it is not 
generally known to our readers, the officers of the 
Provisional Government were chosen by the Patriots 
and everything prepared to put it In operation, as soon 
as the country was conquered. Canada was to be di¬ 
vided into two Republics, and in Upper Canada the Pres¬ 
ident was selected and his cabinet appointed. From 
one of the latter gentlemen, (the Secretary of the 
Treasury,) we received some years after the outbreak 
had been quelled, thegreat seal of Upper Canada, which 
we still retain, as a memorial of the times. The seal 
is engraved on a thin sheet of copper, and has two stars 
with the initials U. C., for Upper Canada, and a new 
moon breaking through the surrounding darkness, 
with the words “Liberty—Equality .” It is a valuable 
relic, and from the signs of the times, we know not 
but it may still be used. If Canada can free herself 
from British bondage, the great seal prepared for the 
Upper Province is ready for use. 

THE NEW CONsTiWtToN. 

BY S. HEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ “ “ 10 00 

O’ All Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

O’ Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 














THE NEW CONSTITUTION. 




“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Vol. I. 


Columbus, Ohio, Saturday, July 21, 1849. 

No. 12. 


Postage. —The postage on this work is the same as 
on a newspaper. 

Joint Resolutions of the Pennsylvania Legis¬ 
lature in relation to a eliange of the Con¬ 
stitution. 

This important law, by which the people of Penn¬ 
sylvania are allowed to vote for or against making the 
Judiciary of that state hereafter elective by the people, 
will be found in another column. 

Wherever tried, this Reform has worked well.— 
When first introduced into the Mississippi Constitution, 
we predicted its success, and it has more than sustained 
the expectations of those who advocated it. Since that 
time it has been adopted in New York and Wisconsin, 
and Pennsylvania and Alabama will, no doubt, at the 
next election, decide in favor of the same measure. 

Law Reform. 

Read the article on another page from the Democrat¬ 
ic Review, on the subject of Law Reform. It is one 
of the ablest articles of the kind we ever read. The 
new Constitution should provide for such a reform as 
that recommended by Judge Wells. 

Trespass, as described in Legal Phraseology. 

We find the following in an exchange. It is a se¬ 
vere cut at the language of the law, or rather the lan¬ 
guage which lawyers use to mystify that which should 
be rendered plain: 

“Bless me, Mr. Pounce, what is this?” (reads.) 

“For that whereas the said John Snooks, on blank 
day of blank, with force and arms broke and entered a 
certain dwelling house of the plantiff ’sand made a great 
noise and disturbance therein, and continued making the 
said noise and disturbance for a long time, to wit: for 
the space of twenty-four hours—” 

“That sir’s the declaration for trespass.” 

“But the man only knocked, he didn’t make any dis¬ 
turbance at the door for twenty-four hours.” 

“A mere formal allegation, sir, not necessary to be 
proved.” 

“But he did not break in divers, to wit: twenty doors. 
There are not twenty doors in the house, fie did’nt 
break any.” 

“Pooh! don’t you see it’s laid under a videlicet.” 

“Laid under a what?” 

“A videlicit; that means you must not prove the al¬ 
legation if is immaterial, but if it is you must.” 

“But what’s the use of it then?” 

“The use of it, my dear sir! butyou don’t understand 
these things. They are vocabula artis.” 

“And what may they be?” 

“Why, (aside) words that raise doubts, swells costs, 
and enable the professional man to make the most of a 
very small case.” 


Documentary History of the State of NewYork. 
—Our readers are probably all aware that the first vol¬ 
ume of this important and interesting work was re¬ 
cently published by direction of the State, under the 
supervision of the Hon. Christopher Morgan, Secretary 
of State, and edited by E. B. O’Callaghan, M. D. As 
applications from abroad for this publication are con¬ 
stantly making at the various public offices, we are re¬ 
quested to state that a quarto edition is now printing 
from the stereotype plates, and that as soon as complet¬ 
ed; copies will be distributed to the various State Gov- 
ernmentsof the Union, and also forwarded to the Am¬ 
bassadors of foreign countries for their respective gov¬ 
ernments and universities and public libraries .—Albany 
( N. Y.) Journal. 

Such a work as that mentioned above, is much need¬ 
ed in our own state. A documentary history of the 
state of Ohio, would prove of immense value to onr 
citizens as well as a great aid to the Legislator, To 
hunt for any document, he is now obliged to wad& 
through the Legislative Journals, a majority of which 
have not even an index. We are glad that the New 
York Legislature has ordered a work of this kind, and 
we trust it will not be long before Ohio has a simi¬ 
lar one. 

Progress of Reform in Kentucky. 

Mr. Lewis E. Harvie, of Franklin county, Kentucky, 
who was announced as a candidate for a seat in the Con¬ 
vention to re-model the Constitution of that state, find¬ 
ing, after a thorough canvass, that the “strong and un¬ 
compromising ground in opposition to the election, of 
Judges by the people” taken by him was unpopular, 
has, in a published address, retired from, the canvass. 

This fact is given to show the deep hold this reform 
has upon the affections of the people. In every State 
where it has been tried, the plan of an electivajudiciary 
has worked admirably well. 

O’The Free Soil party of Lucas county, in conven¬ 
tion assembled, at Sylvania, among other resolutions 
passed the following: 

Resolved, That we are in favor of a convention for 
Constitutional Reform in the State ofQhio. 

Resolved, That we regard with distrust the increase 
of incorporations in our State,, that we are indisposed 
to enlarge their number, that we demand such.constitu- 
tional Reform, as shall restrict the action of the legis¬ 
lature to the general acts of incorporation, which shall 
be submitted to a direct vote of the people, and be al¬ 
ways subject to repeal, in the same manner, and by the 
same power that adopted them, that we shall not regard 
the interestsof the people of the state of Ohio, as secure, 
until existing institutions are brought,however gradu¬ 
ally, under the operation of this principle in Legisla- - 
tion. 






















ITS 


THE NEW CONSTITUTION. 


From the Democratic Review for December, 1847. 

LAW REFORM. 

This able pamphlet is from the pen of the Judge of the 
United States District Court of Missouri. The author 
s well known as an enlightened jurist, and his master¬ 
ly “ opinion,” declaring the unconstitutionality of the 

Bankrupt Law ” of 1841, has extended his reputa¬ 
tion far beyond the limits of Missouri. In this work 
he has assumed the broad ground of a thorough and 
radical reform in the pleadings and practice of the 
courts, and discusses the subject with much ability.— 
From all we can learn, this question for several years 
past has excited the public mind of Missouri; her leg¬ 
islature having commenced the work of amendment at 
its session of 1842. At each subsequent legislature, 
bills have either been introduced or enactments made, 
designed to abolish by gradual means the English sys¬ 
tem of pleading, and to leave law and the proceedings 
of courts in their true positions—dependent for popu¬ 
lar respect on common sense. In this great reforma¬ 
tion New Ybrk is as zealously enlisted as Missouri, 
and we trust that the work will go on, until the entire 
system of pleading and practice which characterize our 
courts shall be overthrown. The reformation has 
commenced ! Its weapons are free inquiry and truth, 
and that hoary fabric of pedantry and absurdity, the 
source of excessive litigation, private wrong, uncertain 
law, and public injury, is toppling to ils fall. 

Strange are the delusions under which we have 
lived ! The age is one of active intellect, of sound 
thought, and of vigorous common sense. Old heresies 
in government and ethics have been exploded, and no 
one doubts the capability of the people to govern them¬ 
selves—to select their own religion—to choose their 
own schools—to manage their own families, and, re¬ 
specting their neighbors’ rights, to protect their own. 
The searching hand of reformation has winnowed 
away the rottenness which mildewed public intelli¬ 
gence. The freshness of youth is around everything 
except the gnarled and misshapen trunk of Law.— 
Rotted to the heart by chicanery, its original beauty 
has perished, and by vicious usage its blessings have 
been turned into curses. Controlling it is the fell spir¬ 
it of law-craft which borrows its spurious wisdom from 
the age in which witches were burnt—in which judi¬ 
cial combats decided right, and when kings held their 
crowns jure divino. It has no affinity with common 
sense—candor is its aversion, and simple truth its ene¬ 
my. It® principles are a confused mass of conflicting 
counts, pleadings, precedents, dicta, forms, mystery 
and jargon ; its spoils, the money of the people, wrung 
from them by a system the pillage of which is utterly 
unparalleled in thehisiory of taxation. 

Law needs no definition from us. He who feels the 
difference between right and wrong, knows what it is. 
The heart of every honest man is a tablet on which are 
inscribed its eternal principles of truth and justice— 
declaring the simple proposition, “ As ye would that 
men should do to you, do ye also to them likewise.”— 
The wise Hooker, when he said “that Law proceedeth 
from the bosom of God,” gave a definition alika beau¬ 
tiful and conclusive. The same sentiment had been 
enforced by the brilliant philosophy of Tully. He ap¬ 
proached with love and veneration the simple majesty 
of law. He left it unpolluted by glosses and construc¬ 
tions, and at a later day the Pandects, catching the 
spirit of wisdom, announced a definition which never 
can become obsolete: 

‘ Honeste vivere, alterum non laedere, suurn cuique tri- 
buere .” 

To the adepts in Norman French, declaration Latin 
and professional gibberish, these definitions are point¬ 


less. With them Law is a profound and solemn mys¬ 
tery which the people should not be permitted to un¬ 
derstand. Ask what it is, and you are pointed to 
countless tomes of aged rubbish—to indices of prece¬ 
dents, and to digestsof cases ruled and overruled. The 
“ perfection of reason,” as garrulous Coke called it, is 
before you, but hedged in by conflict, obscurity and 
pedantry ; all that you can learn is, that it is a cun¬ 
ningly devised machine to make money and tax the 
people. Craft and usage have frittered away by shad¬ 
owy distinctions and ambiguous definitions, its plain 
truths, and, its great object Utility, has been complete¬ 
ly destroyed. The people have quietly submitted, and 
law has become the most difficult of sciences, and the 
most uncertain in its application. An exclusive char¬ 
acter, a mysterious operation and a peculiar jargon, 
have fastened its corruptions on the community, and 
the people have been made to believe that the princi¬ 
ples of law are only to be found in English law books, 
and their construction, application and effect, to be car¬ 
ried out only in obedience to English precedents and 
pleading. We cannot look to the judges and lawyers 
of that land for reformation. The fate of Benlham 
will be that of every law reformer. The scoffs and 
bitter revilings of the profession were the rewards his 
profound investigations, his searching and unanswera¬ 
ble arguments received. Although with matchless el¬ 
oquence he sustained the truth, he found but few fol¬ 
lowers; and to this hour it is the fashion of the Eng¬ 
lish bar to call him a dreamy enthusiast. Could he be 
forgiven, when he thus exposed the “ money making” 
branch of the profession ? “Stript of the tinsel with 
which it has been bedizened all around by interested 
idolatry, by unblushing hypocrisy and prostrate admi¬ 
ration, the technical system presents in all its parts 
enough to stagger belief, and make a man doubt the re¬ 
ality of the objects spread out before his eyes.” More¬ 
over his appeals were to a prejudiced tribunal,for the En¬ 
glish bar, as a privileged class, is selfish and jealous of its 
rights. Vainly did he trust to them. Men will not 
willingly surrender places of power and facile means 
of wealth without a struggle, and those'who have de¬ 
voted their lives to the acquisition of professional learn¬ 
ing, canot be made to believe that they have been train¬ 
ed up under a false and delusive system. The attor¬ 
ney cannot practice without a license, and that license 
granted by judges who were once practitioners of law. 
If the applicant understand the law as construed and 
defined by judges and lawyers, he receives his license 
—practices according to the system in which he has 
been educated ; and when elevated to the bench, ad¬ 
heres through thick and thin to every professional ab¬ 
surdity. YVoe to him if he should decide a cause on 
common sense, or give reasons for his decision not to 
be found in thecabula of the profession! In his do¬ 
mestic circle not a day passes that he does not, in com¬ 
mon with the father of every family, make good decis¬ 
ions. The elder brother covets and obtains possession 
of, injures or loses the playthings of the younger, or 
possibly assaults him. Recourse is had to the father, 
and he promptly lays down thelavv without one thought 
of “ Twyne’s Case,” Coggs v. Bernard, or Scott t>. 
Shepard. They are intended for settling disputes 
among children of a larger growth, and of confound¬ 
ing that common sense which is good enough fora fam¬ 
ily, but impracticable and useless on the bench. 

There is a wide difference between the bar of this 
country and that of England. Here the education of 
the lawyer is not so systematic as necessarily to make 
him a formalist, nor is there any classification of grades 
in the profession. He may be either attorney, solicitor, 
barrister, advocate, or counsellor, and has no reason to 
tie himself to form. Hence some changes have been 
made in the English system, but they have been feebl 







THE NEW CONSTITUTION. 


179 


and insignificant. We have groped in the twilight,! 
caught the blaze of coming day, and hurried back to I 
darkness, tamely submitting to the doubts, uncertain¬ 
ty and injustice which are the results of the technical 
proceedure. The “ law’s delay,” the “ glorious uncer-! 
tainty of the law,” are not mere proverbial sarcasms. 
Stern truth sustains them. The most astute lawyer 
brings no suit, how plain soever it may be, without a) 
hidden risk, and defends no action without theappre- i 
hension that he may be defeated by a quick oversight' 
or a quibble. “During fifteen years,” says Judge; 
Wells, “ that I practised law, I can say with safety that 
notone-half of the suits with which I was familiar 
were decided upon their merits, or upon principles of 
substantial justice. This was hardly in any consider¬ 
able degree attributable to the courts, but was to be at¬ 
tributed principally to the system of practice and plead¬ 
ing.” Every candid member of the profession will 
admit the truth of this assertion, and no one can read 
the volumes of “ Reports” which issue annually from 
each state of the Union, without being satisfied that 
substantial justice rarely forms the ground-work of a 
final decision. These books (which have increased to 
a frightful extent) constitute the vade mecum of the 
profession, and they are invariably found repressing in¬ 
novations, and sustaining the subtleties of ancient usa¬ 
ges. The bulk of the cases reported turn on points of 
practice, and the opinions delivered are but the re¬ 
hashings of worn-out dicta, or the imaginary fitness of 
obscure precedents. New volumes on the same sub¬ 
jects push away the old ones, and the people, amid the 
conflict of judicial constructions and doubtful modes of 1 
proceedure, are left to suffer that worst of all tyrannies, 
“ Jus incerta.” Judges and lawyers are paralized by 
the system, yet we still forbear to use the only sure 
remedy—the knife. 

But a change must and will take place ! The recent 
movements in New York on this subject, and the able 
work of Judge Wells, are indications of the dawning 
of a brighter day. Not only has the political press dis¬ 
cussed the question, but able lawyers are found the ad¬ 
vocates of a radical reform. Among them is Judge 
Wells, who exposes the abuses of the present system, 
and gives the cure. Afteralluding to the origin of the 
different writs and actions, and the forms used in them, 
he examines the utility of the maxim of technical pro¬ 
ceedure as laid down by Blackstone, that it is a “fixing 
the true state of a question of right, lest in along and 
arbitrary process it might be shifted continually, and 
be at length no longer discernable,” and clearly proves 
that this object is notattained by these different actions, 
nor do they aid the object. 

“ The only proper objects, I conceive, of a declara¬ 
tion, are to give notice to the defendant of the precise 
matter for which he is sued ; and to put it upon the 
files of the court, so that it may afterwards be known 
in case there should be a second suit for the same mat¬ 
ter. Let us see whether the object mentioned by 
Blackstone or that which I have just suggested, is ob¬ 
tained by the distinction in actions or the declarations 
usually filed in those actions. 

“ The plaintiff is at liberty to have as many counts 
(as they are called) as he pleases. These counts are so 
many different statements of the plaintiff’s cause of 
action ; or are so many different declarations. 

“ A suit is brought in Assumpsit; and the declara¬ 
tion states that the defendant assumed and undertook 
and promised to pay the plaintiff $100 due by a promi- 
sorv note (describing it at length)—also $100 for mon¬ 
ey of the plaintiff had and received by the defendant— 
also $100 for money loaned by the plaintiff to the de¬ 
fendant—also $100 for interest on money loaned—also , 
$100 for goods sold and delivered by plaintiff to de¬ 
fendant—also $100 for labor done by plaintiff for de-' 


fendant,and perhaps twenty more sums due for other 
different things ; many such items are frequently em¬ 
braced in the same count. Then it frequently states 
that the plaintiff and defendant accounted with each 
other, and there was found to be due another $100 on 
that accounting. These are all stated at great length 
and with wonderful nicety and particularity. Now, if 
upon the trial the plaintiff can prove that the defend¬ 
ant owes him $5, or $10, or any other sum for any one 
or more of the matters alledged in the declaration, he 
will recover therefor. Indeed, he generally does not 
attempt to prove any but a single item. How does 
such a declaration ‘ fix the true state of the question of 
right ?’ Or how does it ‘ give notice to the defendant 
of the precise matter for which he is sued V 

“ In Trespass, also, there is the same uncertainty as 
to the real demand of the plaintiff; the same kind of 
false statements and imaginary and immaterial matters; 
and with particularity equally useless. Thus we will 
suppose that the defendant came upon the plaintiff’s 
land, and a quarrel ensuing about the ownership of an 
axe, the plaintiff called the defendants liar, and there¬ 
upon the defendant struck him with his walking cane, 
hurting his hat, not his head, and carried off the axe in 
dispute. The declaration, instead of statiDg the whole 
matter in four or five lines, usual ly states it in four, five 
or six pages—sometimes more ! This is a dreadful af¬ 
fair ; and accordingly the plaintiff in his declaration 
usually makes three great divisions of his cause of ac¬ 
tion. 1st, The Trespass upon his freehold, called 
‘7 'respass quare clausum fregit.' 2dly, The Assault 
and Battery ; and 3dly, The carrying away the plain¬ 
tiff’s goods and chattels, called ‘ de bonis asportatis .’’— 
There are frequently several counts in each great di¬ 
vision. 

“ The defendant on a certain day and year (never 
proved) with force and arms (although there was nei¬ 
ther force or arms used), broke and entered upon a cer¬ 
tain close of the plaintiff (.although there was no close 
or fence of any kind), and with force and arms (there 
was neither) trampled down the plaintiff’s herbage and 
grass (although there was neither herbage or grass there) 
&c.,to the end of these counts ; all equally absurd and 
false. Then come the counts for ‘Assault and Battery.' 
The defendant is charged with having ‘ with orce and 
arms,’&e-, made an assault upon the plaintiff (stating 
time and place), and then and there with great force and 
violence seized and laid hold of the plaintiff; and then 
and there with sticks, staves, fists and clubs, gave and 
struck the plaintiff a great many violent blows and 
strokeson and about his head.face,breast,back,shouldes, 
arms,legs, and divers other parts of his body, and then 
and there with great force and violence rentond tore and 
damaged the clothes and wearing apparel, to wit : one 
coat, one waistcoat, one pair of breeches, one cravat, 
one shirt, one pair of stockings, and one hat of the 
plaintiff, of great value, to wit: of the value of ten 
dollars, which he the said plaintiff then wore and was 
clothed with. By means of which said several premi¬ 
ses, lie the said plaintiff was then and there greatly- 
hurt, bruised and wounded, and became and was sick, 
sore, lame and disordered, and so ’•emained and contin¬ 
ued for a long space of time, to wit: for the space cf 
one calendar month, then next following ; during all 
which time he the said plaintiff thereby suffered and 
underwent great pain, and was hindered and prevent¬ 
ed from performing and transacting his orainary bu¬ 
siness and affairs, by him during that time to be per¬ 
formed and transacted, &c. Then come the counts for 
carrying, away the plaintiff’s goods and chattels; a 
dreadful array of crimeandviolence ; and goodsenough 
enumerated to load a wagon or two. 

“The same observations might be made of the other 
actions. Thus in an action on the case in ‘ Trover ’— 






ISO 


THE NEW CONSTITUTION 


the declaration states with a wonderful number of 
words and great particularity and nicety, that ‘ the 
plaintiff (on a certain day and year, and at a certain 
place, although time and place are immaterial and nev¬ 
er proved), was possessed as of his own property of 
certain cattle, deeds, bonds, bills of exchange, securi¬ 
ties for money, goods and chatties, to wit: ten horses, 
ten cows, &c.—(enumerating everything)—and the 
plaintiff being so possessed thereof afterwards (stating 
the time and place), casually lost the said cattle, deeds, 
&c.—and the some afterwards, to wit: (stating time 
and dace), came to the possession of the defendant by 
finding .’ It then goes on at great length and with won - 
derful particularity, to set out the prodigious fraud, 
craft and subtlery of the defendant and his refusal 
to deliver them, ‘although often requested,’ and his 
converting them to his own use, to the damage of 
the plaintiff of one thousand dollars. When tho 
whole matter comes to be investigated, it appears that 
the plaintiff only claims an old horse or a cow, which 
was, however, neither lost or found, demanded or re¬ 
fused _and all the times and places stated are immate¬ 

rial and never required to be proved. It may, perhaps, 
be said that much of all the above statements is unne¬ 
cessary and might be omitted in the declaration. This 
is true, but yet it is seldom if ever omitted ; because 
the allegations are according to the forms which have 
been in use perhaps two hundred years ; and so long 
as the declarations are retained, the forms will also be 
retained ; and besides, the pleader is not always cer¬ 
tain what he can with safety omit, and therefore puts 
it all in. It is not manifest that these declarations do 
not fix the true state of a question of right; and do 
not ‘ give to the defendant notice of the precise matter 
for which he issued V But if they did, yet cannot it 
be done in a manner far less prolix and far more plain 
and simnle ? It must be noted that these declarations 
have to be drawn with great care and skill, and with a 
full knowledge of all ttie technicalities involved. This 
cannot be shown more plainly than by the fact that 
many large volumes are written and published wholly 
devoted to this ‘ science,' as it is called, of pleading; 
the study of which generally consumes one whole 
y ear — a year of the hardest labor ; and a knowledge of 
which can only be perfected and retained by constant 
application through a long professional life. Mistakes 
in the practice of this art or science are frequently fa¬ 
tal to the client, and always productive of expense and 
delay.” 

In relation to the several kinds of actions, and the 
uncertainty attending their use, the author’s arguments 
are alike forcible and convincing. 

“ When a person applies to a lawyer to bring a suit, 
the first matter of inquiry is whether he has cause of 
action, either in Law or Equity. This is, generally, 
easily determined. If the inquiry be answered in the 
affirmative, then the question is, whether he must bring 
the suit in law or in equity. Any mistake in this is fa¬ 
tal to the client. If the lawyer decides that the suit 
must be brought at law, then the next matter of inqui¬ 
ry is, what kind of action must be brought. Must it 
be assumpsit, debt, or other action ? Any mistake in 
the action is also fatal to the client. In some cases 
there is only one action by which the plaintiff could 
succeed, or, as it is called, ‘recover.’ There is one right 
action, and eight or nine tcrong ones. In other cases 
there are two or more actions, either of which would 
enable him to recover ; but genorally someone is more 
appropriate than any other. But if the wrong action 
be brought, the error can neither be remedied by amend¬ 
ment, or repaired in any other way ; the plaintiff must 
go out of court; and of course pay all the costs. If 
he chooses he may begin again. But this is not all the 
trouble ; the plaintiff may have several causes of ac¬ 


tion, each perhaps small in amount; one in debt, an¬ 
other in assumpsit, another in trover. He cannot unite 
them in one suit, but is compelled to bring several suits. 
It is to the great advantage of the plaintiff to bring on¬ 
ly one suit, instead of several suits, because the costs 
and expenses are generally according to the number of 
suits. His lawyer could hot afford to bring several 
suits for the same fee he would be willing to take for 
one suit. Many of the expenses he must pay whether 
he succeeds or does not succeed—such as the costs of 
continuances on his own application, and the like. If 
he fail in any one of the suits, he has all thecosls gen¬ 
erally to pay in that suit. It is also greatly to the ad¬ 
vantage of the defendant to have one rather than sev¬ 
eral suits brought against him, and for the same rea¬ 
sons. The court would also be benefited in the saving 
of time and trouble. But yet it cannot bedone. Now 
these absurdities exist ; the plaintiff may unite as ma¬ 
ny causes of action as he pleases, if they all be in as¬ 
sumpsit—or all be in debt—or all be in trespass. And 
this he can do, although each cause of action be entirely 
separate and distinct. Thus he may unite in assumpsit 
a demand due by promissory note—another due by bill 
of exchange—another due for goods sold and delivered 
—another due for work done—another on a promise to 
pay the debt of a third person, &c. If there were one 
hundred different aud distinct causes of action, they 
may all be joined. But if he have only three causes of 
action—one on a note under seal—one a common prom¬ 
issory note—and a demand for timber cut on his land, 
he must bring two separate suits ; because the first is 
in debt, the second may be debt or assumpsit, and the 
third must be trespass. If he chooses to harass the de¬ 
fendant, he may bring three suits. 

“ The other method of bringing suits, which I pro¬ 
pose to examine, is Jby bill in equity. As before re¬ 
marked, when your lawyer determines that you have 
a cause of action or claim for legal redress, he has next 
to determine whether it must be in law, that is to say, 
by some one of the actions before enumerated, or by a 
bill in equity. This is frequently a matter of great dif¬ 
ficulty ; yet the lawyer must determine it, and at the 
peril of his client. Lawyers will differ in opinion ; 
Judges are but lawyers ; and if upon tho greatest re¬ 
flection and examination, and after consultation with 
other lawyers, your lawyer should bring your suit at 
aw, and the judge should afterwards think it ought to 
have been brought in equity ; or brings it in. equity, and 
the judge should think it ought to have befen brought 
at law, there is neither amendment or other remedy 
which can avail to save the cause. The cause must go out 
of court. But it not unfrequently happens that the court 
of original jurisdiction (Circuit Court) thinks one way, 
and the appellate court (Supreme) thinks the other 
way. Thus I have known a suit brought at law after 
great advisement, and prosecuted for some two years ; 
the Circuit Court then held the plaintiff had a just and 
undoubted cause of action ; but that he had, as it is 
termed, misconceived his remedy ;—he should have 
sued in equity. The plaintiff thereupon dismissed his 
suit, had judgment against him for all the costs, and 
commenced again by bill in equity. After prosecuting 
his suit in equity some two ot three years, the Circuit 
Court decided in his favor, and gave him a decree.— 
Thereupon the defendant took an appeal to the Su¬ 
preme court, and after the suit had been there some 
two years more, lo ! that court held that he was right 
at first, and wrong then—that his remedy was at law 
and not in equity, and reversed the decree. The plain¬ 
tiff, called in equity the complainant, had all the costs 
of both courts to pay. By this time the defendant ran 
away or became insolvent (I have forgotten which), 
and there ended the matter. A difference of opinion 
between the Circuit and Supreme Courts, as to the 











THE NEW CONSTITUTION. 


181 


remedy, is not very uncommon. It is a principle cause 
of the writs of error and appeals and consequent ex¬ 
penses and delays attending the prosecution of our 
most inconsiderable suits. There is yet another, and 
in my opinion, a serious inconvenience arising from the 
same cause. It frequently happens that a person wish¬ 
ing to sue has two or more causes of action—one or 
more at law, and one or more in equity. They cannot 
be joined in one suit, any more than two or more cau¬ 
ses of action at law can be brought in one suit where 
different nctions are required. The effect of this is to 
multiply small suits, and of course to multiply costs 
and expenses.” 

The correction of abuses, where the Common Law, 
in particular cases, by reason of its code of general 
rules, wrought injustice, led to the creation of Courts 
of Equity, which in a short time utterly destroyed the 
little common sense which law pleadingshad left. Un¬ 
der these conflicting systems, with their different rules 
of construction and practice, the science of law be¬ 
came a mystery of fraud and deceit, and the fruitful 
mother of the rankest injustice. So great was the 
grievance of the Court of Cancery, that in Cromwell’s 
Parliament, (1653,) a resolution abolishing this court 
passed without a division. In the debate on that res¬ 
olution, it was said “that for dilatoriness, chargable- 
ness, and a faculty of bleeding the people in the purse- 
vein even to their utter perishing and undoing, that 
court mUht compare with, if not surpass, any court in 
the world—that there were depending in that court 
twenty-three thousand cases, some of which had been 
there depending five, some ten, some twenty, some 
thirty years. That there had been spent therein many 
thousand of pounds, to the ruin, nay, utter undoing of 
many families ; that no ship almost that sailed in the 
sea of the law, but first or last put into that port ; and 
if they made any considerable stay there, they suffered 
so much loss that the remedy was as bad as the disease; 
that what was ordered one day was contradicted the 
next, so as in some causes there had been five hundred 
orders or more ; that it was a mystery of wickedness, 
and a standing cheat.” 

The evils then so vigorously sketched over, and ever 
will be the inherent and necessary results of the sys¬ 
tem, and when at the Restoration this court was re¬ 
vived, it awakened to a more hedious deformity. Yet 
of it we have been the mere copyists ; and running 
through our code and practice, controlling our juris¬ 
prudence and often directing our legislation, are the 
fallacious maxims, delusive reasonings, and treacherous 
snares of English equity ! If the plan suggested by 
Judge Wells be adopted, the incubus would soon be re¬ 
moved. 

“ I propose to abolish the whole system of special 
pleading ; all actions at law and all bills in equity ; to 
have only oneway of bringing a suit, whether it be for 
redress at law or in equity, or both. The plaintiff 
should file a petition to the court in plain English, with¬ 
out any particular form ; without making any state¬ 
ments immaterial to the merits of the cause ; and 
without any of that extreme nicety and particularity 
now used. This petition would embrace any cause of 
action either in law or equity, or both in law and equi¬ 
ty ; nor would itmatter what kind of action, if atlaw, 
would now be required—debt—covenant—assumpsit— 
trespass, &c., &c., would all be joined, if necessary to 
the plaintiff’s case ; or rather we would no longer 
know or hear anything about these actions. 

“ This will be be best explained and illustrated by an 
example. . 

“ The plaintiff, we will suppose, has four different 
causes of action against the defendant. Three at law 
and one in equity, as we now practice. 

“ 1st. A bond for the direct payment of money.— 


The only action which could now be brought would be 
debt or covenant. 

“2d. A demand on a bill of exchange—the plain¬ 
tiff as payee against the defendant as acceptor. The 
only action which could now be maintained would be 
assumpsit. 

“3d. A demand against the defendant (or trespass 
on land and cutting and carrying away timber. The 
only action which could now be brought would be tres¬ 
pass. 

“4th. An application to the court to compel de¬ 
fendant to convey a certain tract of land for which 
plaintiff had a title bond from defendant. This would 
be a bill in equity to compel a specific performance of 
his contract. 

“By the method I propose, all these complaints or 
causes of action would be united in one suit. Thus : 

“ To the Circuit Court of Cole county, John Jones 
petitions and shows that William Davis, the defendant, 
on the first day of January, 1846, executed a bond to 
the plaintiff for the sum of one hundred dollars—dated 
on that day and payable one month after date. Which 
sum of one hundred dollars and the interest thereon is 
yet due the plaintiff, and he asks judgment against the 
defendant for the same. 

“Plaintiff also states that one James Jones made and 
delivered to plaintiff a bill of exchange in this state, 
dated on said 1st January, 1846, in which said James 
Jones requested defendant to pay plaintiff one hun¬ 
dred dollars at sight of said bill ; and said defendant on 
the same day accepted said bill by writing thereon.— 
The amount of which bill, and the interest thereon, al¬ 
though the bill was afterwards presented to defendant 
and payment demanded, are yet due by said defendant 
to said plaintiff, and he asks judgment against defend¬ 
ant for the same. 

“ Plaintiff also states that on the first day of Janua¬ 
ry, 1847, he was the owner of the north-east quarter 
of section 11, township 45 north, range 11 west, in 
Cole county, and defendant, without leave or authority 
from plaintiff, then went on said land there cut timber 
to the value of one hundred dollars, and caaried the 
same away. Plaintiff asks judgment against defend¬ 
ant for all said damages done by defendanton said land. 

“Plaintiff also states that on said first January, 1846, 
defendant made a title bond to plaintiff, and therein 
bound himself to convey to plaintiff a good title in fee 
simple to the north-west quarter of section 11, in town¬ 
ship 45 north, in range 11 w T est, in Cole county, on the 
payment by plaintiff to defendant of $250, which 
plaintiff, about one month thereafter, paid to the said 
defendant, yet defendant has not conveyed the said land 
to plaintiff. Plaintiff asks that defendant may be com¬ 
pelled to convey said land agreeably to said title bond, 
or that the court will do it for him. Said bond, bill of 
exchange, and title bond, are annexed to this petition. 

John Jones. 

“Plere is stated every matter and thing necessary to 
be proved to enable the plaintiff to recover. Undoubt¬ 
edly anything which is not, under any circumstances, 
material to be proved, is unnecessary to be stated or 
alledged. That which absolutely required three sepa¬ 
rate declarations at law and a bill in equity, according 
to our present method of bringing suits, is here em¬ 
braced in one suit, and the petition does not cover one 
page of writing. Here are the costs and expenses of 
three suits saved, and in case they should be taken to 
the Supreme Court, the costs of three long copies of 
records and the other expenses saved also. But even 
these are the smallest advantages; for in such cases 
ordinarily, questions would arise whether the proper 
actions were brought, and whether the remedies were 
atlaw or inequity; and, of course, if there u f ere 
mistake in either, the plaintiff would go out of court, 






THE NEW CONSTITUTION. 


182 


besides having all the costs to pay; then we save the 
writs of error and appeals on those accounts, and the 
see-sawing for years between the Circuit and Supreme 
Courts. What a world also of flourishing and rigma¬ 
role are dispensed with ! What charges of fraud, co¬ 
vin, misrepresentations, conspiracies and combinations 
to defraud, the defendant is saved from ! 

“ The next matter of inquiry is, what should be the 
proceedings subsequent to the petition ? If we pro¬ 
ceed in the ordinary method, we have several largevol- 
umes of the forms of these proceedings. Pleas with¬ 
out end, curious, verbose, nice and technical ; any 
mistake in which is frequently fatal Then there are 
demurrers general and special, joinders in demurrer, 
replications, rejoinders, sur-rejoinders, rebutters, sur¬ 
rebutters, new assignments, &c., &c. This was all an¬ 
ciently, upon the supposition that the plaintiff would 
have but one count in his declaration, and that the de 
fendant could have (or at least need not have) but one 
plea, and that the matters in dispute would, by the dec¬ 
laration, plea, and subsequent proceedings, be brought 
to a single point of difference—called an issue —being a 
matter alledged on one side and denied on the other side. 
This issue, if it were of matter of law, was tried by 
the court, if of matter of fact, by a jury. This was 
found not to do well, and several pleas were allowed in 
England by the 4th and 5th statute of Ann, and have 
for a great number of years been allowed in this state. 
We also allow, by statutory provisions, several replica¬ 
tions to each plea ; so that the object of having but 
one issue has long since been lost sight of. Ten or 
fifteen pleas are not uncommon—consisting of every 
imaginable thing—so that the plaintiff knows no more 
of what the defendant relies on, than does the defen¬ 
dant of what the plaintiff relies on. Many pleas are 
filed which the counsel knows are either untrue in fact 
or bad in law. But as the plaintiff is bound to reply to 
the plea, specially, the defendant’s counsel frequently 
catches him in a trap—if the trap will not catch in the 
Circuit court, ii may catch in the Supreme Court. If 
the plaintiff takes issue when he ought to demur, or de¬ 
murs when he ought to take issue, or takes issue on an 
immaterial fact, he is caught in the trap. Then comes 
the plaintiff’s turn to embarrass the defendant, by re¬ 
plying many several matters to each plea. With a half 
dozen of counts, a dozen of pleas, and two dozen rep¬ 
lications, and many demurrers, (submitted to in the 
Circuit Court, but kept for the Supreme Court), who 
cm tell, in the confusion, how the cause will termin¬ 
ate ? Here is probably fifteen or twenty issues, each of 
which the jury must find for plaintiff or defendant—or 
part for each. Then comes a hung jury ; for although 
the jury can agree for which party to find generally, 
yet they cannot agree which of the issues to find for 
plaintiff and which to find for defendant. Then comes 
a writ of error, as matter of course, (whenever you 
Ctn get a jury to agree), and inasmuch as you caunot 
get two lawyers to agree on each of the points decided, 
so neither can you get two courts to agree—and the 
judgment is consequently reversed. The success of 
the party depends not on the goodness or justness of 
his cause, but on the skill of his lawyer. As Napole¬ 
on said in one of his Italian campaigns, ‘ victory to the 
most skilful /’ I was once employed in connection 
with very able counsel to defend a cause of considera¬ 
ble amount and some intricacy. Both the law and the 
facts were clearly against us. But we agreed between 
ourselves, that there was no danger ; for that no judg¬ 
ment could be obtained against our client in the Cir¬ 
cuit Court, which could not be roversed in the Su¬ 
preme Court. We accordingly always had verdicts 
against us, but the Supreme Court never failed to re¬ 
verse. The plaintiff, worn down by many years of lit¬ 
igation, at last agreed to compromise and give up half 


his demand. So far, therefore, from the matter in dis¬ 
pute being simplified by having only one issue, as was 
originally contemplated, the matter has become incon¬ 
ceivably complicated—and the whole object of special 
pleading is lost sight of. 

“ But the greatest hardship is that if the defendant 
be sued at law, and he has a just defence, but what is 
termed an equitable defence, he is not allowed to make 
it at law—or in that suit—but must let judgment go 
against him, and then bring a suit in Chancery to set 
aside that judgment, or enjoin it. As Jeremy Bentham 
said, ‘The common law kicks the defendant into 
the ditch, and Chancery has to come and pull 
him out.’ But the defendant must also pay all 
the costs of the suit at law. But he must have 
a lawyer to determine whether he can make his de¬ 
fence at law ; for if he fails to make it at law— neg¬ 
lects, as it ts called—when it might thus be made, he is 
forever excluded, both at law and in equity, from ma¬ 
king it. If his counsel should undertake to defend him 
at law, when the court thought the defence should be 
made in equity, he must pay all the costs of the de¬ 
fence. But it not unfrequently happens that the Cir¬ 
cuit Court decides that his defence may be made at law, 
and he makes it accordingly ; and the Supreme Court 
holds the contrary, reverses his judgment, and compels 
him to pay the costs of both courts. But the Circuit 
Court sometimes decides that his defence cannot be 
made at law, and drives him out of court, and renders 
judgment against him. He then brings his suit in equi¬ 
ty to set aside or enjoin the judgment at law, and gets 
judgment in that court—called a decree. The opposite 
party takes his appeal to the Supreme Court, which re¬ 
verses the decree, on the ground ihat his defence was 
at law, and not in equity. Now he is forever preclu¬ 
ded from making any defence, because he ‘ neglected ’ to 
make his defence at law ; although the Circuit Court 
held that it could not and should not be made at law. 
In such cases (for I have known them occur), the 
courts hold that he ought not to have submitted to the 
decision of the Circuit Court, when it decided that he 
could not defend himself at law, but have taken a writ 
of error—reversed the Circuit Court—and then pro¬ 
ceeded with his defence at law !” 

What then is the remedy for all this hardship ! De¬ 
lay, expense, vexation, and cruel injustice ! 

“ It is for the defendant when sued by petition, as 
before explained, for any matter either in law or equi¬ 
ty, or both, to file his answer stating his defence, wheth¬ 
er that defence be a defence in law or equity, or both. 
There would be no distinction between pleas ; there 
would be an answer and nothing but an answer. There 
would be no form required—no nicety, no exceeding 
particularity, no technicality. The defendant might 
in his answer set up or claim an offset or offsets. He 
might claim the decision of the court on any one or 
more of the csuses of action stated bv the plaintiff in 
his petition, whether they were sufficient in law or 
equity to enable the plaintiff to recover. Thus, if the 
plaintiff claimed possession of a tract of land, the de¬ 
fendant in his answer might deny the title of theplain- 
tiff, or set up his own title, or do both ; and this wheth¬ 
er the defendant’s title was a legal or eqbitable one.— 
And whichever title was the best would prevail. This 
may be done by a late statute of Missouri, in regard to 
New Madrid titles—which has been adopted in the 
United States court by rule. The same reason which 
applies to New Madrid title, or locations as they are 
called, applies to other titles. 

“ Heretofore, in all cases, and now in all cases ex¬ 
cept New Madrid locations, the plaintiff sued, in eject¬ 
ment, on his legal title. The defendant having the 
equitable title was obliged to let judgment go against 
him and pay all the costs, and then bring his suit in 





THE NEW CONSTITUTION. 


1S3 


equity to set aside or enjoin the plaintiff at law from 
proceeding to enforce his judgment. Thus making two 
suits necessary to try one matter—that is, whether the 
plaintiff or defendant was entitled to the possession of 
a tract of land. But inasmuch as great numbers of our 
titles arose before the common law was in force in this 
state—when there were no separate systems of law and 
equity, the courts have great difficulty in telling what 
titles are legal and what equitable. All these and simil¬ 
ar difficulties and hardships are prevented by the plan I 
propose. 

“To make myself better understood, I will here give 
an answer to the petition before set forth :— 

“ The answer of William Davis, defendant, to the 
petition of John Jones, plaintiff, states that the defen¬ 
dant fully paid the amount of said bond and interest 
thereon in said petition mentioned, to said plaintiff.— 
And the defendant further states that he did not accept 
the said bill in said petition mentioned ; and the de¬ 
fendant further states that the said plaintiff neither is 
nor ever was the owner of said north-east quartersec- 
tion of land in said petition mentioned, or in possess¬ 
ion thereof; and also that defendant never entered on 
said land or cut timber thereon. Aud defendant fur¬ 
ther states that plaiatiff did not pay him the said $250, 
in said petition mentioned, or any part thereof. 

William Davis. 

“ Here is one answer to each of two causes of action 
at law, and to the cause in equity, and two answers to 
the other causes of action. The answer to the state¬ 
ment or complaint in equity, is in two lines.” 

Such is the outline of the plan of law reform're- 
commended by Judge Wells; and although it may 
make the most radical change, it by no means follows 
that it is either unsound or impracticable. Every¬ 
thing around us, except the proceedure of courts of 
justice, has felt the influence of reform. In every sys¬ 
tem of government, philosophy, science, or social con¬ 
duct, there is but one straight path, and that is truth.— 
To its fearless spirit, (as a people,) we owe everything. 
Our free institutions are innovations, and the bulk of 
our legislation is but the correction or abolition of the 
errors of previous generations. Inquiry, experiment, 
and reform are the vital elements of a republic, and 
when they cease to exist, we become ripe for despotism. 
Self-correcting, and directed in search of truth, their ef¬ 
fect is controlled by common sense and the welfare of 
the community. Here the people govern, and it is 
right that they should see and understand the principles 
as well as the operations of every departmeut of the 
machine of government. 

We confidently believe that the plan suggested by 
Judge Wellscan be carried out with ease and safety. 
The late “ Bankrupt Law ” of the United States in 
empowering the district courts in each district to pre¬ 
scribe suitable rules, regulations and forms of proceed¬ 
ings in all matters of bankruptcy, declared that “ in 
all such rules, regulations and forms, it shall be the du¬ 
ty of the said courts to make them as simple and brief 
as practicable, to the end to avoid all unnecessary ex¬ 
penses, and to facilitate the use thereof by the public at 
large.” Under this law the dockets of these courts 
were crowded, and although their process was simple 
and brief, we have never heard the slightest complaint 
that injustice had resulted from the absence of techni¬ 
cality and special pleading. In one case we have known 
nearly twenty issues, involving the question of fraud 
in its most varied form, and conflicting titles to real 
and personal property acted on by the court and jury 
without a quirk or a quibble—the whole merits of the 
case being understood by the jury and spectators, and 
the decision satisfactory to all. In some of the states 
of the Union there are Probate Courts, which exercise 
exclusive jurisdiction on decedent’s estates, and often 


adjudicate cases involving large amounts ; and also 
justices of the peace, who have an extensive jurisdic¬ 
tion in cases of debt, trespass, &c. These tribunals 
try cases on the simplest forms of notice and appear¬ 
ance, and rarely make blunders except when they 
choose to be led astray by technicality. 

In relation to the effect of the proposed reform on 
the bar, our author remarks :— 

“ I am altogether of opinion that none of our citi¬ 
zens would derive as much benefit from the proposed 
change as the legal profession. It is in vain that the 
lawyer has devoted, both as student and practitioner,so 
much labor and time to this branch of the law—his la¬ 
bors are not thereby ended—they are like the labors of 
Sisyphus, never to be ended. Books containing the 
principles and the forms are ever before him, and ever 
to be studied. The mere labor of drawing up the 
pleadings is Herculean, Yei they give him no nseful 
information, or put an additional useful idea in his 
head. Instead of studying the laws of his country, 
as a most enlightened science, to be illustrated and en¬ 
forced by the study and application of the civil law, 
the code Napoleon, the law of nations, constitutional 
law, and the laws relating to the science of government 
generally ; and embellishing his legal acquirements by 
an extensive acquaintance with the arts and sciences— 
by which he would become a mostenlightened and use¬ 
ful citizen, the admiration of others and the pride of 
his country—instead of doing this, he is almost com¬ 
pelled by the system, to degenerate into a pettifogging 
caviller about words and phrases and forms, which di¬ 
minish his intelligence and usefulness ; and, by thein- 
justice of which he is the instrument, he becomes 
odious and his profession disreputable. 

“Let any gentleman of the profession look at the ex¬ 
alted condition of Cicero and other Roman lawyers be¬ 
fore the science of special pleading was introduced into 
Rome, and contrast that with the condition of the law¬ 
yers in the latter days of the empire, so well described 
by Gibbon.” 

Why should not the American bar commence the 
work of reform ? Why wait until it be done in Eng¬ 
land ? There, no movement will be made, and the 
technical system will continue to exist until revolution 
overwhelm it in common with the other abuses, op¬ 
pressions and tyrannies of that government. The bar 
of this country exercises a deserved influence on the 
public mind, and as a class is generally found on the 
side of liberal opinion. They can best reform the sys¬ 
tem, and give it life and energy. Public opinion im¬ 
periously demands a thorough and radical change, and 
if the bar hold back, the work mnst and will be done 
by inexperienced and unskilful hands. 


A New Constitution. 

We rejoice that the question of a new Constitution 
is to be presented to the people of Ohio. It is high 
time our defective and inefficient organic law was re¬ 
modeled and changed to meet the wants and necessi¬ 
ties of the increased population of the State, the exi¬ 
gencies of the times and the spirit of the age. 

Our present Constitution, as a whole, never present¬ 
ed a very wise exhibition of constitutional law, and its 
framers showed no foresight in adapting it to the wants 
of a greatly increased population. 

The interests, welfare, prosperity and happiness of 
the State, imperatively demand a new Constitution.— 
Our Judiciary system needs to be greatly changed— 
and the importance of giving to the people power to 
choose all their public officers, cannot be too strenu¬ 
ously maintained. There are other particulars of great 
importance to be considered in the formation of a new 
Constitution .—Lorain Argus. 









184 


THE MEW CONSTITUTION. 


Change of the State Constitution. 

“ That a f equant recurrence to fundamental principles of civ 1 
sovernment is absolutely necessary to preserve the blessings of 
liberty.” 

“The skilful marriner, when tempest tost upon the 
trackless ocean, takes his observations upon the break¬ 
ing forth of the sun, to learn his whereabouts, so that 
aided by his chart he may escape from the dangers 
which surround him.” 1 he statesman too, takes his 
observation, and calmly surveying the ground, sees 
where the bark of state has been near the breakers, and 
learning wisdom by the past, shapes his course so as to 
avoid the errors in future. The teachings of experience 
are the teachings of wisdom, and he who fails to profit 
by it is an unsafe counsellor or friend. 

We have already published the letters of Mr. Jeffer¬ 
son to Mr. Kerchival, written in 1816, in which that 
great statesman recommends a revision of the consti¬ 
tution of each state at stated periods of nineteen or 
twenty years. New York, we also showed, acting up¬ 
on this suggestion, had engrafted a section within her 
new constitution that five times, within each century, 
the people should vote yea or nay on the revision their 
fundamental law. 

The work which the fathers of Ohio gave to the 
people of the state, when they emerged from a territo¬ 
rial to a state government, though imperfect, yet it has 
a bill of rights, containing in a condensed form the 
purest principles of republican liberty. Oneofit3 sec¬ 
tions we have quoted at the head of this article. It en¬ 
joins a frequent recurrence to the fundamental princi¬ 
ples of civil government as absolutely necessary to pre¬ 
serve the blessings of liberty. In another section of 
the same declaration of rights, among those cited as 
“natural” to man—“inherent and unalienable,” is 
that “ every free republican government, being found¬ 
ed upon the sole authority” of the people, and “organ¬ 
ized for tlie sole purpose of protecting their rights and 
liberties, and securing tliair independence ; to effect 
these ends, they have at all times a complete power to 
alter, reform or abolish their government wheneve 
they may deem it necessary.” These two sections arj 
not placed in the constitution of the state as mere un¬ 
meaning words—as gull traps to catch the popular ear> 
but they are pregnant with meaning, and taken togefh* 
er or taken separate, are eminently conservative of the 
rights of the people. The one recommends a frequent 
going back to the foundation of government to correct 
the errors which spring up like weeds, the other ac¬ 
knowledges in the broadest extent the right of the peo¬ 
ple to amend their form of government whenever they 
may deem it necessary. 

To recur to the fundamental principles of our free 
government, is to go back to the constitution, that it 
may be reformed, remodeled or changed so as to be in 
consonance with the wants of the people and with the 
progressive spirit of the age. The theory of republi¬ 
can government is now better understood than it was 
six and forty years ago, when the delegates from nine 


counties met in convention at Chillicothe and hastily 
formed a state constitution for Ohio, which without 
ever having been submitted to the people, was put in 
operation. Many men of strong minds and patriotic 
hearts were then doubters of tho man’s capability for 
self-government. Since then the experience of near 
one-half a century has shown these doubts to be ill- 
founded, and the masses of Europe, awakening from 
the sleep of centuries, within a year past, have striven 
for the same rights which we, more favored than they, 
enjoy under a form of government which acknowl¬ 
edges no man as born to rule. 

To recur to the fundamental principles of civil gov¬ 
ernment—to do as the people of other states, with profit 
and advantage have done, and to so change the funda¬ 
mental law as to take power from the few and give it 
to the many, is the object which the Legislature had in 
view when it resolved that it was necessary to amend 
the constitution of the state of Ohio, and recommend¬ 
ed the people to vote yea or nay on the calling of a 
convention. 

If any there be who think a change unnecessaay, 
they cannot have reflected that the power given to the 
Legislature to elect judges and state officers, which 
could easily be exercised by the people themselves, has 
a tendency to produce long sessions of the Legislature, 
and what is equally as much to be depricaed, that ill- 
feeling too often seen within the halls sacred to legisla¬ 
tion. They cannot have reflected that our judiciary 
system, inconsequence of its various imperfections, to 
use the language of Mr. Harnar, amounts almost to a 
total denial of justice. They do not reflect that one-half, 
at least, of the local legislation which now swells the 
statute book, might be avoided by general laws, con¬ 
ferring the power to proper persons in the counties and 
and townships of the state, and thus be a vast saving 
of the expense which follows every meeting of the 
Legislature. 

To recur to the fundamental principles of our state 
government is not only the dictates of wisdom, but it 
is enjoined upon us as a sacred duty—as absolutely ne¬ 
cessary to preserve the blessings of liberty, and no 
time more propitious than the present. The Presiden¬ 
tial election is past, and much of the spirit which it en- 
genderd is buried and forgotten. We have no exciting 
election on hand—both parties in tho Legislature ap¬ 
proved the act, and declared a change of the fundamen¬ 
tal law now necessary, and we doubt not a vast majori¬ 
ty of all political parties will vote yea on the calling 
of a convention. 

Beware of the March of Ideas. 

“Beware of the Ides of March, 

Was the warning in olden Rome, 

That premonished the Caesar's end, 

And promised bright days to come; 

But now the reverse disturbs 
The modern Czar in his ease, 

Who hears as his warning cry— 

Beware of the March of Ide(a)s.” 









THE NEW CONSTITUTION. 


185 


The Constitutions of the different 
States. 

Below we continue, and in our next will conclude, 
the synopsis of the Constitutions of the different 
States, corrected from the “Statesman’s Manual.”— 
The information is so important that no one will regret 
the space it occupies. 

Virginia. 

The old constitution of this state W3s formed in 
1776, and continued in operation until 1830, when the 
present amended constitution was formed by a conven¬ 
tion, and accepted by the people. 

By this constitution the legislative power is vested in 
a senate and a house ot delegates, which are together 
styled the General Assembly of Virginia. 

The house of delegates consists of 134 members, 
chosen annually ; thirty-one from the twenty-six 
counties west of the Allegany mountains ; twenty-five 
from the fourteen counties between the Allegany 
mountains and Blue Ridge, forty-two from the twenty- 
nine counties east of the Blue Ridge, and above tide¬ 
water, and thirty-six from the counties, cities, towns 
and boroughs, lying upon tide-water. 

The senate consists of thirty-two members ; thir¬ 
teen from the counties west of the Blue Ridge, and 
nineteen from the counties, cities, towns, and boroughs, 
east thereof. The senators are elected for four years; 
and the seats of one fourth of them are vacated every 
year. In all elections to any office or place of trust, 
honor, or profit, the votes are given openly, or viva voce, 
and not by ballot. 

A re-apportionment for representation in both houses, 
is to take place every ten years, commencing in 1841, 
until which time there is to be no change in the num¬ 
ber of delegates and senators from the several divisions, 
and after 1841, the number of delegates is never to ex¬ 
ceed 150, nor that of the senators 36. 

The time of election of delegates is fixed by the gen¬ 
eral assembly, and at present takes place in April. 

The general assembly meets annually at Richmond, 
on the first Mondaj in December. 

The executive power is vested iu a governor, elected 
by the joint vote of the two houses of the general as¬ 
sembly. He holds his office three years, commencing 
on the first of January next succeeding his election, or 
on such other days as may be from time to time pres¬ 
cribed by law ; and he is ineligible for the three years 
next after the expiration of his term of office. 

There is a council of state, consisting of three mem¬ 
bers, elected for three years by the joint vote of the 
two houses, the seat of one being vacated annually-— 
The senior conncillor is lieutenant-governor. 

The judges of the supreme court of appeals and of 
the superior courts, are elected by a joint vote of both 
houses of the general assembly, and hold their offices 
during good behavior, or until removed by a concur¬ 
rent vote of both houses ; but two thirds of the mem¬ 
bers present must concur in such vote, and the cause of 
removal be entered on the journals of each house. 

The right of suffrage is extended to everv white 
male citizen of the commonwealth, resident therein, 
aged twenty-one years and upward, who is qualified to 
exercise the right of suffrage according to the former 
constitution and laws ; or who owns a freehold of the 
value of twenty-five dollars ; or who has a joint inter¬ 
est to the amount of twenty-five dollars, in a freehold ; 
ar who has a life estate in, or reversionary title to, land 
of the value of fifty dollars, having been so possessed 
for six months , or who shall own and be in the actual 
occupation of a leasehold estate, having the title re¬ 
corded two months before he shall offer to vote—for a 
term originally not less than five years, and of the an¬ 


nual value or rent of two hundred dollars ; or who for 
twelve monthsbefore offering to vote, has been a house¬ 
keeper and head of a family, and shall have been as¬ 
sessed with a part of the revenue of the common¬ 
wealth, within the preceding year, and actually paid 
the same. 

North Carolina. 

The constitution of North Carolina was originally 
framed and adopted in December, 1776, and certain 
amendments agreed upon by a convention in 1835, and 
ratified by the people, went into operation on the first 
of January, 1836. 

The legislative power is vested in a body styled the 
General Assembly, consisting of a senate and house of 
commons, both elected biennially by the people. 

The senate consists of fifty members, elected by dis¬ 
tricts, laid off and apportioned according to the amount 
of taxes paid by the citizens into the treasury of the 

The house of commons consists of one hundred and 
twenty members, chosen by counties, according to their 
federal population, that is, according to their respect¬ 
ive numbers, determined by adding to the whole num¬ 
ber of free persons (including those bound to service 
for a term of years, and excluding Indians not taxed) 
three fifths of all other persons (slaves). 

All freemen (people of color excepted) of the age of 
twenty-one years, who have been inhabitants of any 
one district within the state for twelve months preced¬ 
ing the day of any election, and are possessed of a 
freehold within the same district, of fifty acres of land, 
for six months next before and at the day of election, 
are entitled to vote for senators. The constitution 
grants the right of voting for governor and members of 
the house of commons, to all freemen of the age of 
twenty-one years, who have been inhabitants of the 
state twelve months immediately preceding the elec- 

tion. , , . 

The executive power is vested in a governor, who is 
elected by the people biennially ; is to enter on the 
duties of his office on the first day of January next af¬ 
ter his election ; but he is not eligible more than four 
years in any term of six years. He is assisted . by a 
council of state of seven persons, elected by the legis¬ 
lature. ‘ , 

The time of holding the election for governor and 
members of the general assembly, is appointed by the 
legislature ; at present it is fixed for the first Thursday 
in August, biennially. All elections by the people are 
by ballot. The general assembly meets biennially, at 
Raleigh, on the third Monday in November. 

The judicial power is vested in a supreme court of 
three judges, and in a superior or circuit court of seven 
judges ; besides inferior courts. The state is divided 
into seven circuits, in which the superior court is held 
half yearly in the several counties. As judges of the 
superior courts of law they have jurisdiction of all 
pleas, whether brought before them by original or mes¬ 
ne process, or by certiorari writs of error, or appeal 
from any inferior court, also of all pleas of the state, 
and criminal matters. As judges of the courts of 
equity, they have all the powers of courts of chancery. 
The judges of the supreme and superior courts are 
elected by the legislature, in joint ballot, and hold their 
offices during good behavior. 

South Carolina. 

The first constitution of this state was formed in 
1775 ; the present constitution was adopted in 1790. 

The legislative authority is vested in a general as¬ 
sembly, consisting of a senate and a house of repre¬ 
sentatives. 

The senate consists of forty-five members, who are 




186 


THE NEW CONSTITUTION. 


elected by districts for four years, one half being cho¬ 
sen biennially. 

The house of representatives consists of one hun¬ 
dred and twenty four members, who are apportioned 
among the several districts, according to the number of 
white inhabitants and taxation, and are elected for two 
years. The representatives and one half of the sena¬ 
tors are chosen every second year, on the second Mon¬ 
day in October, and the day following. 

The executive power is vested in a governor, who is 
elected for two years, by a joint vote of the senate and 
house of representatives, at every first meeting of the 
house of representatives. A governor, after having 
performed the duties of the office for two years, can 
not be re-elected till after the expiration of four years. 

At the time of the election of governor, a lieuten¬ 
ant-go /ernor is chosen in the same manner, and for the 
same period. 

The general assembly meets annually, at Columbia, 
on the fourth Monday in November. 

The judicial power is vested in such superior and in* 
feiior courts of law and equity as the legislature shall, 
from time to time, direct and establish. In December, 
1*.'15, a change was made in the judiciary, though the 
judges remained the same. The old court of appeals of 
three judges was abolished, and two of the judges were 
made chancellors in equity, and the other one of the 
common law judges. The present court of appeals is 
constituted of the judges of the courts of law, and 
chancellors, who meet twice a year at Columbia, and 
twice a year at Charleston. There are four chancellors 
in equity, and seven judges of the general sessions and 
common pleas. The chancellor and judges areappoint- 
ed by joint ballot of the senate and house of represen¬ 
tatives, and hold their offices during good behavior. 

The constitution grants the right of suffrage to every 
free white, male citizen, of the age of twenty-one 
years, having resided in the state two years previous to 
the day of election, and having been possessed of a 
freehold of fifty acres of land, or a town lot, at least 
six months before such election, or (not having such 
freehold or town lot) having been a resident in the 
election district in which he offers his vote, six months 
before said election, and having paid a tax the preced¬ 
ing year, of three shillings sterling toward the support 
of the government. 

Georgia. 

e cons titution of Georgia was formed in 
1777 > a second »n 17B5 ; and a third, the one now in 
operation, in 1798. 

The legislative power is vested in a senate and house 
of representatives, which together are styled the Gen¬ 
eral Assembly. 

The members of both houses are chosen annually, 
by the people, on the first Monday in October. The 
number of representatives is in proportion to popula¬ 
tion, including three fifths of all the people of color ; 
but each county is entitled to at least one member.— 
The constitution was altered by the legislature in 1844, 
so as to divide the state into forty-seven senatorial dis- 
tricts, and to reduce the number of representatives from 
. 1 to 130. The legislature have the power of alter¬ 
ing the constitution, provided two thirds of each 
of each branch agree on amendmeuts proposed by one 
legislature, and coufirmeu oy their successors bv a 
two-third vote, at the following session. 

The executive power is vested in a governor, who 
was formerly elected by the general assembly ; but he 
is now (and since 1824) elected by the people, on the 
first Monday in October ; and he holds the office for 
two years. 

The general assembly meets in Milledgeville, on the 
first Monday in November, unless convened at another 
time by the governor. 


The judicial power is vested in a superior court, and 
in such inferior jurisdictions as the legislature may, 
from time to time, ordain and establish ; and the supe¬ 
rior and inferior courts sit twice in each county every 
year. The state is divided iuto eleven circuits, with a 
judge of the superior court for each circuit. An infe¬ 
rior court is held in each county, composed of five jus¬ 
tices, elected by the people every four years. These 
courts possess the powers of courts of probate. The 
judges of the superior court are elected by the legisla¬ 
ture for three years ; the justices of the inferior courts, 
and justices of the peace are elected quadrennially by 
the people ; and the clerks of the superior and inferior 
courts, biennially. 

The constitution grants the right of suffrage to all 
citizens and inhabitants who have attained the age of 
twenty-one years, and have paid all the taxes which 
may have boen required of them, and which they may 
have had opportunity of paying, agreeably to law, for 
the year preceding the election, and shall have resided 
six months within the county. 

Florida. 

The constitution of this state was formed by a con¬ 
vention of delegates chosen by the people, and was 
adopted by said convention in January, 1839, but Flor¬ 
ida remained under a territoiial government until the 
3d of March, 1845, when it was admitted into the Un¬ 
ion as a state by act of Congress. 

The legislative power is vested in a General Assem¬ 
bly, consisting of a senate and house of representa¬ 
tives. The seuators are elected by the people, in dis¬ 
tricts, for two years, one half of the number going out 
of office every year. The present number of senators 
is seventeen. The representatives are elected by the 
people, by counties, annually, their number never to 
exceed sixty ; at present, forty-one are chosen. The 
annual election takes place on the first Monday in Oc¬ 
tober, and the legislature meets at Tallahassee on the 
first Monday in November of each year. 

The executive power is vested in a governor, who is 
chosen by the people once in four years, and he is not 
eligible for the four years next succeeding his term of 
office. 

The judicial power is vested in a supreme court, 
having appellate jurisdiction only, and composed of the 
circuit judges for five years after the election of those 
judges, and thereafter until the general assembly shall 
otherwise provide ; also in circuit courts, the state be¬ 
ing divided into four circuits, in each of which a judge 
of the supreme court has jurisdiction. These judges 
have also equity powers until a separate chancery court 
shall be established by the legislature. The judges are 
elected by the legislature, at first for five years ; after 
that term, during good behavior. There are also courts 
of probate, held by a judge of probate, one being ap¬ 
pointed for each county in the state. 

The right of suffrage may be exercised by every free 
white male, aged twenty-one years, or upward, who 
has resided in Florida for two years, and in the county 
for six months, and who shall be enrolled in the militia, 
or by law exempted from serving therein. The gener¬ 
al assembly shall provide for the registration of all qual¬ 
ified voters. 

No laws shall be passed to emancipate slaves, or to 
prohibit the immigration of persons bringing slaves 
with them. The general assembly may prevent free 
colored persons from entering the state. 

No act of incorporation shall be passed or altered, ex¬ 
cept by the assent of two thirds of each branch of the 
legislature. No bank charter shall be granted for more 
than twenty years, nor shall it ever be extended or re¬ 
newed. The capital of a bank shall not exceed one 
hundred thousand dollars, nor shall a dividend be made, 







THE NEW CONSTITUTION. 


187 


exceeding ten per cent, a year. Stockholders shall be 
individually liable for the debts of the bank, and no 
notes shall be issued for less than five dollars. The 
credit of the state shall not be pledged in aid of any 
corporation whatsoever. 

For an amendment of the constitution, two thirds of 
both houses of the general assembly must assent ; the 
proposed alteration must then be published six months 
before the succeeding election, and then be again ap¬ 
proved by a two-third vote in the succeeding assembly. 

Alabama. 

The legislative power is vested in two branches, a 
senate and house of representatives, which together 
are styled, the General Assembly of the State of Ala¬ 
bama. 

The representatives are elected annually, and are ap¬ 
portioned among the different counties in proportion to 
the white population ; the whole number can not ex¬ 
ceed one hundred, nor fall short of sixty. The present 
number is one hundred. The senators are elected for 
three years, and one third of them are chosen every 
year. Their number can not be more than one third, 
nor less than one fourth of the number of representa¬ 
tives. There are thirty-three at present. 

The executive power is vested in a governor, who is 
elected by the people for two years ; and is eligible four 
years out of six. 

The representatives and one third of the senators are 
elected annually on the first Monday in August, and 
the day following ; and the governor is elected bienni¬ 
ally at the same time. 

The general assembly meets annually, formerly at 
Tuscaloosa, in future at Montgomery, on the fourth 
Monday in October. 

The right of suffrage is possessed by every white 
male citizen of twenty-one years of age, who has resid¬ 
ed within the state one year preceding an election, and 
the last three months within the county, city, or town, 
in whichhe offers his vote. 

The judicial power is vested in a supreme court 
(consisting of three justices), which has appellate juris¬ 
diction only ; in a court of chancery, consisting of 
three chancellors, the state being divided into three 
chancery districts ; in circuit courts, each held by one 
judge, the state being divided into eight circuits, and 
Buch inferior courts as the legislature may establish.— 
The judges of the supreme and circuit courts, and the 
chancellors, are elected by a joint vote of the two 
houses of the general assembly, for six years. 

Mississippi. 

The original constitution of this state was formed at 
the town of Washington, near Natchez, in August, 
I8i7 ; and the present revised constitution was formed 
by a convention, at Jackson, in October, 1832. 

The legislative power is vested in a senate and house 
of representatives, together styled the Legislature of 
Mississippi. The senators are chosen for four years, by 
the people, by districts, one half being elected bienni¬ 
ally ; and their number can notbe less than one fourth, 
nor more than one third of the whole number of repre¬ 
sentatives. 

The representatives are chosen by the people, by 
counties, every two years, on the first Monday in Nov¬ 
ember, and the day following ; their number not to be 
less than thirty-six nor more than one hundred, which 
last is the present number fixed. The Legislatuie 
meets at Jackson, on the first Monday in January, bi¬ 
ennially. 

The executive power is vested in a governor, who is 
chosen by the people, qualified as electors, for two 
years, and can not hold the office more than four years, 
in any term of six years. The secretary of state, treas¬ 


urer, and auditor of public accounts, are all chosen by 
the people, for two years. 

The judicial power is vested in a high court of errors 
and appeals, held at least twice a year, consisting of 
three judges, chosen by the people for six years, one 
being elected in each of the three districts into which 
■jhe state is divided, and one of the three judges being 
chosen biennially ; in a circuit court, held in each 
county at least twice in each year, the judges being 
chosen by the people of each judicial district, and hold¬ 
ing their office four years ; in a superior court of chan¬ 
cery, the chancellor being chosen by the people of the 
whole state for six years ; in a court of probate, the 
judge being elected by the people of each county for 
two years ; justices of the peace and constables are also 
elected for two years. 

Every free white male person, of the age of twenty- 
one years or upward, who shall be a citizen of the 
United States, and shall have resided in the state one 
year next preceding an election, and the last four 
months within the county, city, or town, in which he 
offers to vote, is a qualified elector. The mode of elec¬ 
tion is by ballot. 

Louisiana. 

The original constitution of this state was formed in 
1812, and the present revised constitution formed by a 
convention of delegates in May, 1845, was accepted by 
the people in November, 1845. 

The legislative power is vested in a senate, and house 
of representatives, both together styled the General 
Assembly of the State of Louisiana. 

The senators are elected by the people, by districts, 
for a term of four years, one half being chosen every 
two years, at the time of the election of representatives. 
The present number of senators is seventeen. 

The representatives are elected by the people by par¬ 
ishes, apportioned according to population, fora term of 
two years. Their present number is sixty. 

The executive power is vested in a governor, who is 
elected by the people for a term of four years , and is 
ineligible for the next four vears. 

The biennial elections are held in November, and 
the sessions of the legislature are to be held biennially, 
at such place as may be fixed upon by the legislature, 
which must not be at New Orleans, or within sixty- 
miles of that city. The sessions are to commence in 
January, and the period of the session is limited to sixty 
days. 

The legislature is prohibited from granting any bank 
charters, or renewing any nowin existence ; it is pro¬ 
hibited also front loaning the credit of the state, or bor¬ 
rowing money', except in case of war, invasion, or in¬ 
surrection. 

The judicial power is vested ill a supreme court of 
five judges, which has appellate jurisdiction only, and 
such inferior courts as the legislature may establish.— 
The state is divided into ten districts, in each of which 
there is ajudge for the district courts. The life-tenure 
of the judges is abolished by the new constitution ; 
those of the supreme court are to be appointed for 
eight years, and of the lower courts for six years.— 
Sheriffs, coroners, clerks of court and justices of the 
peace, are to be elected by the people. 

The right of suffrage is extended to all white males 
above twenty-one years of age, who have resided two 
consecutive years in the state ; provided that no nat¬ 
uralized citizen can vote until two years after he be¬ 
comes a citizen. 

All citizens are disfranchised, both as to voting and 
holding office, who may fight, or in any way be con¬ 
nected with fighting a duel, either in or out of the 
state 





188 


THE NEW CONSTITUTION. 


Arkansas. 

The constitution of this state was formed by a con¬ 
vention of delegates, at Little Rock, in January, 
1836. 

The legislative power is vested in a general assem¬ 
bly, consisting of a senate and house of representa¬ 
tives. 

The senators are elected by the people, by districts, 
for a term of four years ; the representatives by coun¬ 
ties, for two years. The senate consists of not less 
than seventeen nor more than thirty-three members ; 
the house of representatives of not leas than fifty-four, 
nor more than one hundred members. 

The general elections are holden every two years, 
on the first Mondav in October, and the general assem¬ 
bly meets biennially, at Little Rock, on the first Mon¬ 
day of November. All general elections are to be 
vim voce, until otherwise directed by law. 

The executive power is vested in a governor, elected 
by the people once in four years ; but he is not eligi¬ 
ble for more than eight years in any term of twelve 
years. 

The judicial power is vested in a supreme court of 
three justices, having appellate jurisdiction only, except 
in particular cases pointed out by the constitution ; in 
circuit courts, of which there are seven in the state, 
each held by one judge ; in county courts and justices 
of the peace. 

The judges of the supreme court and circuit courts 
are chosen by the general assembly, the former for a 
term of eight years, the latter for four years. Justices 
of the peace are elected by the people for a term of two 
years. Judges of the county courts are chosen by 
the justices of the peace. 

Every white male citizen of the United States, who 
has been a citizen of the state of Arkansas for six 
months, is deemed a qualified elector, and entitled to 
vote at elections. Provided that soldiers and seamen of 
the army or navy of the United States are not so en¬ 
titled. 

Tennessee. 

In 1796, the people of Tennessee, by a Convention 
at Knoxville, formed a constitution ; and Tennessee 
was, the same year, admitted into the Union as an in¬ 
dependent state. On the third Monday in May, 1834, 
a convention met at Nashville, for the purpose of re 
vising and amending the constitution ! and the con¬ 
stitution, as amended by the convention, was ratified 
by the people in March, 1835. 

The legislative authority is vested in a general as¬ 
sembly, consisting of a senate and house of represen¬ 
tatives. 

The number of representatives is apportioned among 
the several counties, according to the number of qual¬ 
ified voters, and can not exceed seventy-five (the pres¬ 
ent number), until the population shall be a million 
and a half, and can never afterward exceed ninety- 
nine. 

The number of senators is apportioned among the 
several counties according to the number of voters, and 
can not exceed one third of the number of representa¬ 
tives. The present number is twenty-five. 

The time for the election of the governor, senators, 
and representatives, is on the first Thursday in Au¬ 
gust, once in two years, and the time of the meeting 
of the general assembly is on the first Monday in Oc¬ 
tober, next ensuing the election, at Nashville. 

The supreme executive power is vested in a govern¬ 
or, who is chosen by the people for two years, and is 
not eligible more than six years in any term of eight. 

Every free white man of the age of twenty-one i 
years, being a citizen of the United States, and a citi- i 


zen of thb county wherein he may offer his vote, six 
months next preceding the day of election, is entitled to 
vote for civil officers. 

The judicial power is vested in one supreme court, 
and such inferior courts as the legislature may, from 
time to time, ordain and establish, and in the judges 
thereof, and injustices of the peace. 

The supreme court is composed of three judges, one 
of whom must reside in each of the three grand divis¬ 
ions of the state. The judges are elected by a joint 
vote of both branches of the general assembly, those of 
the supreme court for the term of twelve years, and 
those of the inferior courts for eight years. Attorneys 
for the state are elected in the same manner for six 
years. 

Ministers of the gospel are not eligible to a seat in 
either house of the legislature. No person who denies 
the being of a God, ora future state of rewards and 
punishments, can hold any civil office. Lotteries are 
prohibited ; and persons who may be concerned in du¬ 
els are disqualified for holding office in the state. 

Kentucky. 

On the separation of Kentucky from Virginia, in 
1790, a constitution was adopted which continued in 
force till 1799, when a new one was formed instead of 
it ; and this is now in force. 

The legislative power is vested in a senate and house 
of representatives, which together are styled the Gen¬ 
eral Assembly of the Commonwealth of Kentucky. 

The representatives are elected annually, and are ap¬ 
portioned, every four years, among the different coun¬ 
ties, according to the number of electors. Their 
present number is one hundred, which is the highest 
number that the constitution authorizes ; fifty-eight 
being the lowest. 

The senators are elected for four years, one quarter 
of them being chosen annually. Their present num¬ 
ber is thirty-eight ; and they can not exceed this num¬ 
ber, nor fall short of twenty-four. 

The executive power is vesteoin a governor, who is 
elected for four years, and is inelligible for the succeed¬ 
ing seven years after the expiration of his term of office. 
At the election of governor, a lieutenant-governor is 
also chosen, who is speaker of the senate, and on whom 
the duties of the governor devolve, in case of his ab¬ 
sence or removal. 

The representatives and one quarter of the members 
of the senate are elected annually by the people, on 
the first Monday in August ; the governor is elected 
bv the people, every fourth year, at the same time ; 
and he commences the execution of his office on the 
fourth Tuesday succeeding the day of the commence¬ 
ment of the election at which he is chosen. The polls 
are kept open three days ; and the votes are given 
openly, or viva voce, and not by ballot. 

The general assembly meets at Frankfort annually, 
on the first Monday in December. 

The constitution grants the right of suffrage to every 
free male citizen (people of color excepted) who has 
attained the age of twenty-one years, and has resided 
in the state two years, or in the county where he offers 
his vote, one year, next preceding the election. 

The judiciary power is vested in a supreme court, 
styled the court of appeals, and in such inferior courts 
as the general assembly may, from time to time, erect 
and establish. The judges of the different courts, and 
justices of the peace, hold their offices during good be¬ 
havior. 


Why is life like an ever changing sea? Because it is 
to-day smooth and to-morrow tossed in the most tu¬ 
multuous confusion. 








THE NEW CONSTITUTION. 


189 


Written for the New Constitution. 

Canton, July 12, 1849. 

Col.Mf.dary — Bear Sir: YourcorrespondentTIomo’ 
is not yet satisfied as to where the power shall be, 
which is to determine questions of Constitutional law. 
He seems, however, to have come half way over, and 
now says that questions of this character should not be 
decided in either the legislative or judicial branches of 
the Government,“but in both.” Now, friend “ Homo,” 
suppose that your two branches of the government dif¬ 
fer on a grave question of this kind, how then will 
you get a decision? The framers of the Constitution 
of the United States foresaw this difficulty and guarded 
against it. The 2d section of the 3d article of that in¬ 
strument, begins as follows: “The judicial power shall 
extend to all cases inlaw and equity arising under this 
Constitution, &c., &c.” Is this a “knock-him-down 
federal ” notion too? You may call it what you please, 
but so long as it “works wisely and well,” we should 
not set up our jndgmentagainst the framers of the Con¬ 
stitution, and I think friend “Homo” ought not either, 
until he can show conclusively that they have erred in 
so framing it. Then too the argument of friend “Ho¬ 
mo,” in the Indian case is decidedly against him, for 
according to his own showing the legislature violated 
the Constitution, and because the judges would not do 
it too, they got mad, I suppose, and “indignantly re¬ 
jected the petition of these same Judges, and others, to 
have the matter constitutionally arranged; and now, 
forsooth, they refuse to do the act of charity in a legal 
way, and so the poor papoose must lose the $350. The 
members of the Legislature were sworn to support the 
Constitution, but they were not willing to do it “for a’ 
that,” and began “to develops the latent passions” too 
much to do justice in a constitutional way, to a home¬ 
less, friendless orphan. The impeachment of Judges 
Todd and Pease referred to, I know nothing about, not 
having the books to refer to, and the cause not fullv 
stated by your correspondent. But single cases of this 
kind, although they may work an evil for the time be¬ 
ing, ought not to prevail against a sound principle and 
a safe policy. The great principle of State policy in 
the case before us, should have a broad and deep founda¬ 
tion. Shall the law-maker have the power to enforce 
as well as enact our laws'? Certainly not—for should 
he violate the constitution in one case, he most assured¬ 
ly would in the other. “Ours,” says Homo, “is a go¬ 
vernment of checks and balances, and the moment you 
take away those checks you pave the way for anarchy, 
&c., &c.” Take away the Judicial check upon cor¬ 
rupt and inconsiderate legislation, and I will agree 
with “Homo,” that the way is then paved for anarchy 
and many evils. The governmental policy and pro¬ 
ceedings'for the past 100 years, will satisfy any reflec¬ 
ting man, that there should be a clear and well-defined 
division in the powers of government, that the legisla¬ 
ture, the judicial and the executive powers should each 
have its functions clearly marked in the Constitution— 
it should be the duty of the Legislature to enact the 
laws. The duty of the Judicial branch to determine 
all questions of civil right, which may arise in the va¬ 
ried business of life under those laws, and in conformity 
with the Constitution; and the duty of the Executive 
to have those decissions enforced. The knowledge of 
our Father’s devised and established this system of gov¬ 
ernmental policy, and all subsequent action under it has 
but made manifest the wisdom of their doings. 

“Homo” errs grossly when he says that I desire to 
have our Judges licensed, “to set law aside and per¬ 
vert justice for a term of seven years.” I desire no 
such thing—said no such thing—thought no such 

thing_and no sane man could infer any such thing 

from what I have written. All that I ask or desire in 


this matter is to have each branch of the Government 
confined to its appropriate sphere. To have their du¬ 
ties and powers clearly defined and limited—to have all 
the offices of Government elective; and when thus ar¬ 
ranged the sovereigns of the land will have the power to 
apply the remedy and correct any evils in the civil 
polity which may arise amotog them. 

Yours, &c., MADISON. 


From the Ohio Union. 


New 


Sessions. 


We published last week No. 1, and this week we 
published No. 2, of articles from that valuable work, 
the New Constitution, upon this subject. 

Some years ago we were an advocate of biennial ses¬ 
sions, and wrote and published in favor of that change. 
But subsequent reflection and investigation have 
wrought a change in our views. Our chief motive for 
advocating biennial sessions, was founded upon the 
hypothesis that it would have a tendency to correct 
that generally conceded evil of excessive and bad legis¬ 
lation. But we are inclined to think that we were in 
error. Without, at this time, naming our objections to 
biennial meetings of the legislature, we will merely add 
that, in our opinion, the evil of superabundant legisla¬ 
tion can only be corrected by a more enlightened pub¬ 
lic sentiment, which estimate the value of a legislative 
session, not, as is too often the case, by the number of 
acts and resolutions passed, but by their equity, their 
expediency and wisdom.—Give us a correct public sen¬ 
timent, and we believe that the evil of bad and crude 
laws, and too many laws, will disappear. It is better, 
we admit, to be almost without laws, than to have bad 
laws. The legislature had better spend three months in 
maturing one good law, than to occupy the same length 
of time in passing 300 acts and as many resolutions, ill- 
digested, inexpedient, and some of them perhaps un¬ 
constitutional, and requiring an Attorney-General to 
interpret them. 

We desire to see the legislature shorn of considerable 
of its power over local legislation. Nearly three-fourths 
of the business now done by the State Legislature could 
be much better done by the several counties. 

We like the New York plan of county Boards of 
Commissioners—or of Supervisors, as they are there 
called—composed of one member from each township, 
and representing, much more intelligently and faith¬ 
fully than a State body could, those whose interests 
are confided to their charge. These County Boards 
have the authority of making nearly all the local laws 
of the counties. 

We like Mr. Calhoun’s idea: What cannot be pro¬ 
perly done by the township, let the County do; and 
what cannot be properly done by the County, let the 
State undertake; and that which cannot properly be 
done by the State, may perhaps be done by the Gene¬ 
ral Government. But be cautious about imposing too 
much upon any one of these governments. “Power is al¬ 
ways stealing from the many to the few.” Individual 
effort and enterprise should not be shackled by too 
much legislation. That the people frequently expect 
“too much of government,” is a very true saying. It 
is frequently the fault of politicians that the people are 
led to look to government for almost every blessing.— 
This evil we may not correct in a day—but we hope 
for a new Constitution that will make abetter distribu¬ 
tion, and, if possible, an abridgement, of governmental 
power. 


HTThe blessings of Government, like the dews of 
Heaven, should be dispensed alike upon the rich and 
the poor, the high and the low.—J ackson. 









190 


THE NEW CONSTITUTION. 


\ 


From the Kentucky Yeoman. 

Election of Judges. 

This great reform is evidently growing in popularity 
in every county in the State. Itsjustness, its Republi¬ 
canism, gives favor to the measure wherever it is discus¬ 
sed and its true merits ptyperly appreciated. Every 
objection urged by the opposition against it, every as¬ 
sault made upon it is a blow at that great principle laid 
down in our Declaration of Independence, that “man is 
capable of self-government;” it is a direct insult to the 
people and a libel upon their intelligence, and as such, 
it will be felt and appreciated by the intelligent free¬ 
men of this State when they shall come to cast their 
votes for Delegates, at the polls in August next. 

As far as we have seen, the oppossition which has 
been arrayed against it, generally, is not of that open 
and manly character which is usually to be seen in all 
the actions of a true Republican, of one who believes 
in Republicanism practically as well as theoretically. 
They seem afraid to come out boldly, and, upon a fair 
and open field of dicussion, to test the merits of the pro¬ 
position; but rather do they prefer “by ill natured jibes 
and bittor sarcasms” to assault the measure. These 
jibes and sarcasms are evidently prompted by a deep 
seated distrust of the people, if not from a wisn to have 
power removed as far as possible from the people’s 
hands; and this is the natural result, the very offspring 
of false, illiberal, or anti-republican views. In making 
these remarks we do not impugn the motives of many 
of the opponents of an elective judiciary who sincerely 
and honestly believe that the people, the working clas¬ 
ses of the country, the farmers and mechanics, the la¬ 
borers and professional men, have not the honesty, the 
capacity and the sense necessary to make proper and 
judicious selections from their fellow-citizens to dis¬ 
charge the duties of the judicial station. There are 
some, no doubt, who honestly entertain this view of 
the subject; and they do not hesitate to make known 
the character of their opposition to the elective system. 
The motives of such we do not, nor can we assail. But, 
at the same time, we believe, and we submit it to the 
impartial observer, whether, in view of the intelligence 
and the capacity of the people for self-government, as 
proven by every possible test, such opposition as that 
urged, ought not, and will not, be rebuked by them in 
their sovereign capacity as electors. To endorse such 
views, or to vote down the elective system on such 
grounds, would be a full and complete acknowledgment 
that the people are not capable of governing themselves 
and that they ought to have those to rule over them whose 
right io do so springs from some other source than the 
people themselves; such, for instance, as kings, lords, 
peers, &c. 

This great distrust of the people, upon which the op¬ 
position of some is based, has its foundation, we sup¬ 
pose, in the manner in which the opponents of the mea¬ 
sure have been “brought up.” It may be attributed to 
the character of that school of politics in which the 
higher and more privileged classes of all countries are 
generally educated. They are taught to look upon 
themselves as beings of a superior order to the com¬ 
monalty of mankind, whilst the great mass of the people 
are viewed by them in the light of beasts of burden—as 
unworthy to engage in the profession of law making, 
law construing, or any of the higher order of the pro¬ 
fessions usually followed by the “higher orders of socie¬ 
ty.” These notions are the very quint-essence, or the 
leaven of that toryism which is the life and soul of the 
English aristocracy; and, although they have come to 
us filtered through the strata of several Republican gen¬ 
erations, yet, in some breasts, they are found to retain 
all their original and pristine strength. To say that 
the judges should be appointed by the Governor or the 


Legislature, or that they should receive appointment at 
any other hands than those of the people, is but an im¬ 
plied sanction of that doctrine which says that the peo¬ 
ple are not worthy of, and cannot be trusted with, 
power; and this is a remnant of the old English aristo¬ 
cratic prejudice from which every American should 
seek to free his mind. 

Politicians have long had an idea that the success of 
government depends very much upon them. They 
think that the machinery connected with this great po¬ 
litical edifice would soon get out of order, or become 
rusted and unfit for use, if left to the management of 
the “common people,” whilst, in fact, there is more 
real hard, practical sense, and four times the honesty, 
among the latter class, than is to be found among 
the wisest and best of the political humbuggers of the 
day. The political men know very well that if this re¬ 
form is adopted, the election of judges will be snatched 
from them, and men will be placed upon the bench by 
the people, because of their fitness for ,the position, and 
not for their services as partisans. 

We do not say this in view of the position of parties 
in this State, for it affords us pleasure to see that many 
of the most respectable, intelligent and influential of 
both the political parties, have boldly come forward in 
advocacy of the Republican principle of an elective ju¬ 
diciary. Such a move on the part of the Demorcratic 
party was to have been expected. Opposition from 
them would be unnatural. That party is a party of 
reform, of progress and improvement. It seeks to 
bring political power nearer the hands of the people, to 
enlarge and extend the privileges which the people 
have, and to increase their liberties, and to secure them 
in all their rights. The great opposition, then, which 
this reform must meet with, if it have any very great, 
is to come from those who have always acted with the 
Whig party. Opposition from a part of that party is at 
least to be expected. It comes natural with them. 
They have been taught and raised up to oppose any 
and every thing which savors of Democracy. To act 
with Democrats is antagonistic to their feelings, and 
the opposite from any principle.avowed or supported 
by the Democratic party is considered the right plat¬ 
form for them. Of the aid of this class, however, we 
have no need in this contest. With an almost undivi¬ 
ded front in our own party, and hundreds and thou¬ 
sands of influential Whigs, who, from motives of pu¬ 
rity, policy, or fear, havecomeoi out favorof the elective 
system, we have strong reason to hope that there will 
not be ten delegates in the Convention who will op¬ 
pose it. 

That there are some difficulties in the election of 
judges, or, rather, objections to that mode, we are quite 
free to confess; but that those difficulties or objections 
amount to any thing when placed alongside of those 
which are incident to the present mode, or which would 
be incident to their election by the Legislature, or by 
any other system of election than by the people, we 
most positively deny. In principle, the election of all 
officers by the people is right, and any other mode of 
selection, is wrong. In practice the same thing may be 
said. If the people select there own officers they will 
have every inducement to make good selections—to se¬ 
lect such men as are honest, capable, and faithful to 
the people’s trusts. If a bad selection is made, there is 
no one to blame but themselves; and suffering from 
any misstep, they will be sure to exercise greater dis¬ 
cretion at another time, in making their selections. 
The people always have good intentions; and, if let 
alone—left uninfluenced by designing demagogues or 
politicians—they will, in nine cases out often, be found 
in the right. They may occasionally err, they may 
occasionally be deceived; but they will soon discover 
their error, they will undeceive themselves, and, in 







THE NEW CONSTITUTION. 


191 


in the end, they will be found occupying the true and 
the right position. Suppose the Governor appoints the 
Judges—as is the case at preeent in this and many 
other States—how often is he liable to be imposed on ? 
In selecting from the great number of applicants whose 
claims are generally put in, he cannot make a choice 
from his own knowledge. There are districts in dif¬ 
ferent parts of the State in which the Governor mey, 
perhaps, not have a single acquaintance. . He has 10 
depend entirely upon the say so of others. Perhaps a 
few, who have taken an active part in getting up let¬ 
ters of recommendation and who may be the least quali¬ 
fied of all others who could be induced to accept, will be 
the contestants, and the choice may fall upon the very 
last man whom the people would have preferred to sit 
and decide upon cases in which their liberties, their 
property and their lives are involved. Besides, now, 
while politics are raging so high, it is too often the case 
that no man is considered as having claims to office 
who has done no service for his party. The political 
partisan—he who has taken an active part in the can¬ 
vass, who rolls up his sleeves on election days, treats 
the boys and shouts most lustily for the nominee of 
the party which may be in power—he is the man to re¬ 
ceive the appointment. He has done “some service” 
—if not to his country, at least to his party, and those 
having the power, of course are expected to reward him 
by some small favor—a judgeship or something of the 
kind. There are many more objections which might 
here be introduced, to the present system of selecting 
our judges. 

As to the selection of the judiciary by the Legisla¬ 
ture, that is even more objectionable than the present 
mode. Our own thoughts are more aptly expressed 
upon this point, than we could express them ourself, 
by the Moble Register, an able advocate of the elective 
system in Aalbama. The loose and disgraceful system 
of electioneering, says that paper, to which the Legis¬ 
lature, from the foregoing and other causes, is neces¬ 
sarily subject, is another great objection to entrusting 
it with the election of judges. Whoever has attended 
a session of the General Assembly, has witnessed these 
painful and degrading scenes. A system of “log-rol¬ 
ling,” “jockeying,” compromising and swapping of 
votes, prevails at every session All elections are ne¬ 
cessarily influenced in this way. The small number of 
members, who are only men with like passions and in¬ 
firmities as others, enables the artful candidate and his 
friends to practice upon them easily, and to control, al¬ 
most imperceptibly, either by false and delusive impres¬ 
sions, or by a system of mutual assistance and support, 
a sufficient number of votes to secure an election. The 
small number of members, thus liable to improper in¬ 
fluences, and the great majority of whom have no di¬ 
rect or abiding interest in the office which they are to 
fill, and who are not responsible to the people of the 
circuit or county for which they may choose a judge, 
constitutes a powerful objection to the present system 
of election, and has often been a subject of complaint. 
Very many selections have been made by our Legisla¬ 
ture, in past years, which were highly obnoxious to 
censure. Incompetent and unworthy men have, by 
the force of family influence, political connexions, per¬ 
sonal popularity, great skill at electioneering, or simi¬ 
lar improper causes, been elevated to the judicial er¬ 
mine, which they disgraced by their ignorance, or pol¬ 
luted by their unworthiness. Such evils must continue 
to exist as long as the appointing power remains in the 
hands of a body so unsuited for the purpose as the Le¬ 
gislature. 

“I have sworn upon the altar of God eternal hostil¬ 
ity to every form of tyranny over the mind of man.”— 
Jefferson. 


Homestead Exemption. 

A correspondent of that old and excellent paper, the 
Knoxville Register, (which wears now the same face it 
did 20 years ago,) is out in favor of the Homestead 
Exemption for Tennessee. His argument is a good one 
—its main points being, that the proposed exemption 
“would curtail credit to its legitimate bounds ;” that 
it “would have a favorable influence upon agriculture,” 
now in a deplorable condition in that State ; and that 
it would give greater stability to the population, ren¬ 
dering the people “more domesticated and more at¬ 
tached to the soil.” 

These three points are all important, and either of 
them supplies the materials for a strong argument in 
favor of the Exemption proposed. Of the three points, 
perhaps the last has the most force. In a military age, 
great States might exist while the tens were freehold¬ 
ers and the thousands tenants or slaves. But in an age 
like the present, when the arts of Peace are held para¬ 
mount to those of War, a first necessity is the gratifi¬ 
cation of what we have called the Proprietary instinct. 
To be contented and stable, and undoubtedly prosper¬ 
ous,men must have Homes, and have them secured to 
them beyond the caprices of fortune, the risks of busi¬ 
ness, or the knavery of associates. 

This is what the Homestead Exemption proposes, 
and can be made to accomplish. We can foresee the 
most beneficent results, from its general establishment 
by the different States of the Union. There are many 
ways in which it would influence the lives of men fa¬ 
vorably ; and while it would be thus advantageous to 
individuals, we can see no particular reasons for be¬ 
lieving that it would have any general effects of an ad¬ 
verse nature upon the business interests of the country. 
Its action, of course, must be made prospective in ail 
cases ; and this being so, when it shall be the settled 
policy and law, it will be a thing always taken into ac¬ 
count in trade, and be regarded as are all other contin¬ 
gents. 

The Exemption, unfortunately, failed in Ohio last 
year. Its friends must see that a similar fatality does 
not attend its introduction into the Legislature next 
year.— Cincinnati Gazette. 

The Free Soil Convention which met at Senecaville, 
in Guernsey County, on the 4th of July, amongothers, 
adopted the following preamble and resolution: 

Whereas our State Legislature, at it last session past 
an act enabling the people at the State election on the 
second Tuesday in October next, to vote on the ques¬ 
tion whether a convention shall be called to amend the 
State Constitution: 

8. Resolved, That we are in favor of holding the pro¬ 
posed convention, and would recommend that among 
other reforms, the following be introduced into the 
Constitution: 

1. The election of all officers by the direct vote of the 
people. 

2. Biennial sessions of the State Legislature. 

3. A change in our Judiciary system so that the ad¬ 
ministration of justice will be made more simple, cheap, 
prompt, and efficacious. 

4. The prohibition of State debts beyond a certain 
amount without the express consent of the people. 

5. The granting of the right of suffrage to all inhabi¬ 
tants of the State above the age of twenty-one years. 


EF The Republic of Peru, after a lapse of twenty 
years of discredit, has given notice of its intention to 
pay the interest on its debts, and for this purpose has 
called in the outstanding bonds. 










192 


THE NEW CONSTITUTION. 


The American Minister in London. 

A very amusing correspondent of the Liverpool Al¬ 
bion, who communicates every week a couple of col¬ 
umns of what he calls Metropolitan Gossip, gives an 
account of a grand entertainment at the house of the 
Turkish Ambassador, in which he thus introduces the 
present Minister from the United States: 

“ Mr. Bancroft, in his plain and rather quakerish 
cut black coat, ribandless and starless as he was 
without even so much as a diamond shirt-stud, 
failed not to draw much more of the attention of the 
observant spectator than any of his glittering fellow- 
professionals around him. Apparently about forty- 
three or four, tall, well-formed, with a somewhat scho¬ 
lastic form of face, he has all the polish of the courtier, 
without any forfeiture of the simplicity of the republi¬ 
can; and there is this to be said of him, which can be 
said scarcely of any Platagenet amongst us, he stands 
the ordeal of a white cravat. Any man who can put a 
calamity of that sort round his throat without looking 
like a billiard-marker, a tapster, or a country parson, 
is fit to shake hands with my Lord Devon, who, not 
only like D’lsraeli, looks upon the Normans as upstarts 
but upon Charlemagne as a mushroom.” 

RESOLUTION 

Relative to an Amendment of the Constitution. 

Resolved by the Senate and House of Representatives o' 
the Commonwealth of Pennsylvania in General Assembly 
met, That the Constitution of this Commonwealth be 
amended in the second section of the fifth article, so 
that it shall read as follows: The Judges of the Su¬ 
preme Court, of the several Courts of Common Pleas, 
and of such other Courts of Record as are or shall be 
established by law, shall be elected by the qualified 
electors of the Commonwealth in the manner following, 
to wit: The Judges of the Supreme Court, by the qual¬ 
ified electors of the Commonwealth at large. The Pre¬ 
sident Judges of the several Courts of Common Pleas 
and of such other Courts of Record as are or shall be 
established by law, and all other judges required to be 
learned in the law, by the qualified electors of the re¬ 
spective districts over which they are to preside or act 
as Judges. And the Associate Judges of the Courts of 
Common Pleas by the qualified electors of the counties 
respectively. The Judges of the Supreme Court shall 
hold their offices for the term of fifteen years, if they 
shall so long behave themselves well: (subject to the 
allotment hereinafter provided for, subsequent to the 
first election.) The President Judges of the several 
Courts of Common Pleas, and of such other Courts of 
Record as are or shall be established by law, and all other 
Judges required to be learned in the law, shall hold 
their office for the term of ten years, if they shall so 
long behave themselves well: The Associate Judges of 
the Courts of Common Pleas shall hold their offices for 
the term of five years, if they shall so long behave them¬ 
selves well: all of whom shall be commissioned by the 
Governor, but for any reasonable cause which shall not 
be sufficient grounds of impeachment, the Governor 
shall remove any of them on the address of two-thirds 
of each branch of the Legislature. The first election 
of this Commonwealth next after the adoption of this 
amendment, and the commissions of all the judges who 
may be then in office shall expire on the first Monday 
of December following, when the terms of the new 
judges shall commence. The persons who shall then 
be elected Judges of the Supreme Courtshall hold their 
offices as follows: one of them for three years, one for 
six years, one for nine years, one for twelve years, and 
one for fifteen years; the term of each to be decided by 
lot by the said judges, as soon after the election as con¬ 


venient; and the result certified by them to the Gov¬ 
ernor, that the commissions may be issued in accord¬ 
ance thereto. The judge whose commission will first 
expire shall be Chief Justice during his term, and there¬ 
after each judge whose commission shall first expire 
shall in turn be the Chief Justice, and if two or more 
commissions shall expire on the same day, the judges 
holding them shall decide by lot which shall be the 
Chief Justice. Any vacancies happening by death, re¬ 
signation or otherwise, in any of the said courts, shall 
be filled by appointment by the Governor, to continue 
till the first Monday of December next succeeding the 
next general election. The Judges of the Supreme 
Court and the Presidents of the several Courts of Com¬ 
mon Pleas shall, at stated times, receive for their ser¬ 
vices an adequate compensation, to be fixed by law, 
which shall not be diminished during their continuance 
in office, but they shall receive no fees or perquisites of 
office, nor hold any other office of profit under this 
Commonwealth,or under the government of the United 
States, or any other State of this Union. The Judges 
of the Supreme Court during their continuance in office 
shall reside within this Commonwealth, and the other 
Judges during their continuance in office shall reside 
within the district or county for which they were re¬ 
spectively elected. 

WILLIAM F. PACKER, 
Speaker of the House of Representatives. 
GEO. DARSIE, 

Speaker of the Senate. 


In the Senate, March 1, 1849. 
Resolved, That this resolution pass.—Yeas 21, Nays 
8. Extract from the Journal. 

SAML. W. PEARSON, Clerk. 


In the House of Representatives, ) 
April 2, 1849. j 

Resolved, That this resolution pass.— Yeas 58, Nays 
26. Extract from the Journal. 

WM. JACK, Clerk. 


Secretary’s Office. 

Filed April 5, 1849. 

A. L. RUSSEL, 

Hep. Sec. of the Commonwealth. 


Secretary’s Office. 

Pennsylvania, ss: 

I do certify that the above and foregoing is a true 
and correct copy of the Original Resolution of the 
General Assembly, entitled “Resolution relative to an 
amendment of the Constitution,” as the same remains 
on the file in this office. 

In testimony whereof I have hereunto set my 
hand, and caused to be affixed the seal of the 
TSeai 1 Secr etary’s Office at Harrisburg, this eleventh 
t J day of June, Anno Domini, one thousand 
eight hundred and forty-nine. 

TOWNSEND HAINES, 
Secretary of the Commonwealth. 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ <• « 10 00 

O’ All Post Masters are authorized to receive subs- 
8cription, and act as agents generally. Money always 
in advance. 

O’ Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 

















THE NEW CONSTITUTION. 



- 9 - - - — -- —-— 

“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Voh I. 

Columbus, Ohio, Saturday, July 28, 1849. 

No. 13. 


Postage. —The postage on this work is the same as 
on a newspaper. 

[CTRead the excellent speech of Mr. Vallandigham. 

ETThe envelope which enclosed the communication 
of “ Veto ,” in the present number, is postmarked at a 
town in a neighboring county “ July 3”—it reached 
us on the night of the 26th. This will account for 
its not appearing in the last No. of “The New Consti¬ 
tution.” 

Constitutional Reform in Missouri. 

The Legislature of Missouri, at its last session, pass¬ 
ed joint resolutions for the amendment of the Constitu¬ 
tion of that state in four particulars. The first is for 
the election of Judges of the Supreme Court by the 
people. 

The second proposition is for the election of Judges 
of the Circuit Court also by the people. The first 
election, if the amendments be adopted, is to be held on 
the first Monday in August, 1851, at which time the 
offices of both the Supreme and Circuit Court Judges 
are to be vacated. 

The third proposition, is for the election by the peo¬ 
ple of the Secretary of State, Auditor of Public Ac¬ 
counts, State Treasurer, Attorney General, and Regis¬ 
ter of Public Lauds, each to hold their office for the 
term of four years. 

The fourth alteration proposed, is in relation to the 
boundary of the state, so as to include all that tract of 
country lying west of the present boundary of the state, 
so that the same shall be bounded as follows, viz : be¬ 
ginning at the south west to the middle of the main 
channel of Grand river ; thence up the same to the 
mouth of the Neosho river ; thence up in the middle 
of the main channel of the same, to the northern 
boundary of the Quapaw land ; thence east along said 
boundary to the present State line, or to include so 
much of said boundary as Congress may assent to.” 

There seems to be a general awakening of the peo¬ 
ple to the importance of repossessing themselves of the 
power, which has stolen from the many to the few, in 
the selection of State officers. In a republican govern¬ 
ment, this power is inherent in the people, and the 
surprise is, that they have so long acquiesced in its as¬ 
sumption by the Executive and by the Legislature.— 
But a new and brighter day Is dawning. Governments 
will be simplified, and the people will regain that power 
which has wrongfully been taken from them. 


Constitutional Reform in the State of Con¬ 
necticut. 

The Legislature of the state of Connecticut, at its 
late session, passed the following joint resolution, call¬ 
ing a Convention to revise the Constitution of that 
State in 1S52, which under the law, is to be again acted 
upon by the Legislature at its next session : 

Proposed Amendment to the Constitution. 

At a General Assembly of the State of Connecticut 
holden at Hartford, on the first Wednesday of May 
in the year of our Lord, one thousand eight hundred 
and forty-nine: 

Resolved by the House of Representatives ,—That the 
following be proposed as an amendment of the Consti¬ 
tution of this State, which proposed amendment, when 
approved and adopted in the manner provided by the 
Constitution, shall be, to all intents and purposes, a 
part thereof, to wit :— 

An election for delegates to a convention to revise 
and amend the Constitution of this state, shall be hold- 
eu on the first Tuesday of September, in the year 
eighteen hundred and fifty-one, in the same manner 
and under the same regulations, as meetings for the 
choice of representatives to the General Assembly are 
now holden, provided only that the electors of each 
town may select their delegates from the state at large. 
Each town shall be entitled to the same number of del¬ 
egates to said convention, as the number of represen¬ 
tatives to which it is entitled in the General Assembly, 
and the delegates shall receive the :ame remuneration 
as is allowed to said representatives. All electors 
qualified to vote for representatives shall be entitled to 
vote for delegates to said convention. Said convention 
shall be holden in the Representatives’ Hall in Hart¬ 
ford, on the first Tuesday in October, in the year eigb- 
t Jen hundred and fi r ty-one ; it shall ; ppoint a presidei t, 
and such other officers as it may deem expedient, who 
shall be paid a reasonable compensation for their ser¬ 
vices ; its debates shall be public ; it shall keep a jour¬ 
nal of its own proceedings, and publish the same ; it 
shall determine the rules of its own proceedings, and 
shall have all other powers necessary to the proper exe¬ 
cution of its functions. 

The revised and amended Constitution, framed by 
said convention, shall be submitted to the electors of 
this state, in such manner, and at such time, not less 
than three nor more than six months from the rising of 
said convention, as said convention shall provide, and 
if said revised and amended Constitution shall be ap¬ 
proved by a majority of the electors, it shall, from and 
after the time of such approval has. been duly ascer¬ 
tained, and publicly proclaimed in a manner to be pro¬ 
vided by said convention, be established and ordained 
as the only Constitution of the State of Connecticut. 

Resolved, That the foregoing* proposed amendment to 
the Constitution of this state,, be continued to the next 
session of the General Assembly of this state, to be 
holden at New Haven, oa th© first Wednesday of May 




















19 t 


THE NEW CONSTITUTION. 


next; and be published with tiie laws of this state, 
passed at the present session. 

House of Representatives, June 21st, 1849. 

Pciss o d 

C. W. PHILLEO, Clerk. 

In like manner the following joint resolution, pro¬ 
posing an amendment to the Constitution, so as to 
make Probate Judges (now chosen by the Legislature) 
elected by the people, \vas passed and published, and 
postponed until the next session of the Legislature, to 
be decided by that body. 

Proposed Amendment of the Constitution. 

At a General Assembly of the State of Connecticut, 

holden in Hartford, in said State, on the first Wed¬ 
nesday of May, 1849— 

Resolved by the House of Representatives, —That the 
following be proposed as an amendment to the Consti¬ 
tution of this State, which when approved and adopted 
in the manner provided by the Constitution, shall, to 
all intents and purposes, become a part thereof, viz : 

The Judges of Probate shall be appointed by the 
electors residing in the several probate districts, and 
qualified to vote for representatives therein, in such 
manner as shall be prescribed by law. 

Resolved, That the foregoing proposed amendment to 
the Constitution be continued to the next General As¬ 
sembly, and be published with the laws passed at the 
present session. 

House of Representatives, June 19, 1849. 

Passed. C. W. PHILLEO, Clerk. 

On the same day that the late Legislature of Con¬ 
necticut passed the above, the following additional 
amendment, to allow the people to elect Justices of the 
Peace,was also passed, as far as it could be under the 
Constitution, by the Legislature, and was also postpon¬ 
ed until the next session to be acted upon : 

Proposed amendment of the Constitution. 

At a General Assembly of the State of Connecticut, 
holden at Hartford,on the 1st Wednesday of May, 1849. 

Resolved by the House of Representatives ,—That the 
following be proposed as. an amendment to the Consti¬ 
tution of this State, which, when approved and adopt¬ 
ed in the manner by the Constitution prescribed, shall, 
to all intents and purposes, become a part thereof, viz : 

The Justices of the Peace, for the several towns in 
this State, shall be appointed by the electors in such 
towns ; and the time and manner of their election, the 
number for each town, and the period for which they 
shall hold their offices, shall be prescribed by law. 

Resolved, That the foregoing amendment to the Con¬ 
stitution be continued to the next General Assembly, 
and he published with the laws passed at the present 
session. 

House of Representatives, June 19th, 1849. 

Passed. C. W. PHILLEO, Clerk. 

That there are men in Connecticut who will oppose 
the election of Justices of the Peace and of Probate 
Judges, as daring innovations upon established usages, 
we doubt not. To us in Ohio, where Justices of the 
Peace have always been chosen by the people of the 
townships, objections to entrusting the people with such 
power would seem strange, yet not more so, than the 
objections made fo the taking from the Legislature and 
giving it to the people, the power to elect State and 
Judicial officers, sounds to the people of States, where 
this reform has been tried and found to work as well as 
its most sanguine friends anticipated. 


Remarks of Mr. Vallandigham, of Columbi¬ 
ana, 

On the bill to provide for ascertaining the will of the peo¬ 
ple upon the question of calling a convention to amend 
the Constitution of the State, in the House of Repre¬ 
sentatives, Saturday, January 16, 1847. 

The question being on ordering the bill to be en¬ 
grossed for a third reading, 

Mr. Vallandigham said : This bill proposes the in¬ 
itiatory step towards a change in the constitution of the 
state. It provides a way for resolving again into its 
original elements the machinery of our state govern¬ 
ment for the purpose of its re-organization by those 
from whose hands it came, and whose creature it is. 
With that object in view, and in pursuance of the 
mode pointed out in the existing constitution, it pro¬ 
poses to submit to the people whether they desire any 
amendment or change in that instrument. 

It is now forty-four years, Mr. Speaker, since our 
present constitution was established. At that period 
of our history, the state of Ohio, stretching from Penn¬ 
sylvania to the Indiana line, and from the Ohio river to 
the northern lakes, with an area of thirty-nine thou¬ 
sand square miles, was an almost unbroken wilderness, 
with a population of but forty-eight thousand inhabit¬ 
ants, settled at intervals, in the openings, where * the 
arm of the frontier-man had leveled the forest and let 
in the sun.’ Few in numbers, these inhabitants were 
simple also in their habits,and fewer still in their wants. 
The hardy pioneers, who, penetrating this wilderness, 
had expelled its native savage occupants, and built a 
few log cabins in its solitudes, till then undisturbed by 
the reforming axe of the European race, made few con¬ 
tracts, committed not many crimes, and needed but 
the simplest forms of government. Courts of justice 
were held, at that early period, at notabove nine or ten 
different points within the whole territory of Ohio ; 
and the lawyers of the Cincinnati bar of that day prac¬ 
ticed regularly in the courts of Detroit, (then within 
our limits,) traversing for that purpose the whole dis¬ 
tance on horseback, and sleeping often in mid-winter 
upon the bare snow of the forest, because, in many 
places, for forty miles together, neither cabin nor other 
dwelling of white man or savage, cheered with its 
friendly smoke the inhospitable quietude of that unbro¬ 
ken wilderness.* 

It was for such a people, living in such a territory, 
and with habits such as I have described, that the con¬ 
vention, assembled at Chillicothe oil the first day of 
November, 1802, ordained a constitution. The men 
who sat in that convention were men of great single¬ 
ness of purpose, great native intelligence, and earnest, 
for the most part, in their attachment to the true prin¬ 
ciples of republican government. But assembling at 
a period when written constitutions were comparative¬ 
ly an untried experiment; destitute of that political 
science the amazing progress of which is one of the 
characteristics of the age, and of that experience which 
enlightens and directs the more fortunate generation of 
this day, it is not to be expected that a perfect system 
of government should have been ordained by them.— 
And more than this, circumstanced as they were, and 
without that foresight and amplitude of mind which a 
profound and comprehensive survey of the wants and 
necessities, as well prospective as present, of mankind 
in organized society, can alone give to the statesman, 
it is less to be expected that framing a constitution 
adapted to the government of fifty thousand pioneers 
in the midst of a wilderness, they lshould have looked 
forward half a century and so mouded it as to befitted 
to the condition of two millions of people of every di- 


* Burnet’s letters, 1837. 







THE NEW CONSTITUTION. 


195 


% 


versity of habit and education, and following every oc¬ 
cupation and pursuit known in a highly civilized state. 
The most sagacious among them could not have fore¬ 
seen—it was not within (he limits of human foresight, 
for history had then furnished no example—that within 
iittle more than the ordinary life time of a generation, 
a change so prodigious should mark the social and po¬ 
litical condition of the commonwealth which they 
were about to establish. Not foreseeing it, they could 
not provide for its occurrence, and not having provi¬ 
ded, the evil is upon us. They were ordering a writ¬ 
ten constitution, and written constitutions, unlike those 
which are the slow growth of centuries of usagp, can¬ 
not adapt themselves to the ever varying wants and cir¬ 
cumstances of a young and growing people. But they 
did know that their work was not perfect, and foresaw 
the necessity for a change which might at some future 
day exist; and accordingly provided that way for se¬ 
curing such change or amendment, in pursuance of 
which this bill has been introduced. 

I have meant no disparagement, Mr. Speaker, to 
the wisdom and ability of the convention of 1802.— 
They framed a constitution full of much that is valua¬ 
ble and well suited to the necessities of the people in 
their day. But we have outgrown it. The swaddling 
bands of the infant have become badly fitting to the 
stalwart limbs of the grown up giant. The conven¬ 
tion adjourned on the twenty-ninth of November, 
1802. Forty-four years of continued and rapid prog¬ 
ress in all that belongs to man as an individual, or a 
citizen, have obliterated almost every vestige of that 
condition of things to which the result of their labors 
was adapted. The forty-eight thousand inhabitants 
have grown to two millions, spread over the entire ex¬ 
tent of the territory now comprised within the limits 
of Ohio. In agriculture, in commerce, in manufac¬ 
tures, in the arts and sciences of all kinds, in literature, 
merchandise, litigation, in the wants and all the luxu¬ 
ries of civilized life—from nothing in that day, we have 
risen to place ourselves in the front rank among the 
states of this confederacy. Having thus outgrown 
long since, the institutions prepared for us in the in¬ 
fancy of our state, efforts, repeated and persevering, 
have been made for years past, to secure a change in 
those institutions, corresponding to the great and mul¬ 
tiplied changes in our necessities and condition as a 
people. I claim no originality for this measure.— 
Scarce a sessiou has passed in many years at which it 
has not been proposed. Repeatedly and earnestly the 
executives of our state have urged upon the Legisla¬ 
ture the propriety and necessity even, of providing for 
a change in the constitution ; but without success.— 
Once only—in 1819—the proposition was submitted to 
the people. Even then the necessity for amendment 
was felt te be great. The subject was pressed upon 
the attention of the Legislature by Ethan A. Brown, 
then Governor of the state, and passed Mjith but little 
opposition. This, however, was but seventeen years 
from the formation of the constitution: that event was 
then too recent, and accordingly the people rejected the 
proposition. But 1 need only remind gentlemen that 
twenty-eight years have passed since that rejection. A 
new generation has grown up. Our population has 
doubled within that period. Changes in all that goes 
to make up the varied condition of a populous and civ¬ 
ilized State, greater far than within the seventeen years 
preceding, have since marked the progress of the State. 
Every year has added to the necessity for a radical 
change in many parts of the constitution. That neces¬ 
sity, is at last, everywhere admitted. Conviction 
has forced itself upon the minds of the people. And 
now, sir, as yet another effort in behalf of peace¬ 
able reform, and deeply impressed with the responsi¬ 
bility which I have taken upon myself, perhaps too 


lightly, I have brought forward this measure, with a 
hope and anxiety for its success in this house, which I 
cannot find language to express. I would, if I could 
but embody and unbosom the deep feelings of my heart, 
speak to his house in words which like the Egyptian 
darkness, might be felt as with the hand, aud implore 
the passage of this bill. 

I have said that this measure is but the initiatory 
step towards the great reform to which I have referred. 
That step is discretionary with the Legislature; and, 
although such discretion operating as a control upon 
the people, ought to be employed with a liberal hand, 
approaching to facility, yet there ought to exist also, 
both some propriety or necessity for its exercise, and a 
fitness in the time proposed, before the people are call¬ 
ed upon to decide a question of such great importance. 
And if I do not succeed in establishing both of these 
requisites to the entire satisfaction of the House, I will 
consent to abandon this bill, earnest as my desire is that 
it may become a law. 

The defects of the present constitution—defects most 
of which might readily be inferred, and which arose 
chiefly from the time and circumstances of its forma¬ 
tion—are so freely and generally admitted, that 1 need 
spend little time in argument, and may content myself 
for the most part, with but briefly pointing them out. 

I begin with THE JUDICIARY. And first, as to 
the Supreme Court, the highest judicial tribunal of the 
State. 

This court consists of but four judges, any two of 
whom constitute a quorum, and are empowered to hold 
courts. By consequence of this strange anomaly, no 
decision, in case of their disagreeing, can be had upon 
the circuit. But besides this, it ismanifest that our judg¬ 
es, though enough in the early times of the State, 
when there was not a thousandth part of the litigation 
which presses now, in enormous mass, upon our courts 
—indeed, prior to 1808, three only were appointed— 
are quite too few to dispose, even with the most sum¬ 
mary haste : of a tithe of the business brought before 
them. 

Nor is this all. These selfsame judges, by a provision 
growing out of local jealousies in the convention of 
1802, are required to hold the Supreme Court once a 
year in every county in the State. Now the number of 
these counties—and they are rapidly increasing—-is 
eighty-two : so that these four judges are required to 
hold no less than eighty two several courts, in each 
and every year; flying for that purpose over the whole 
of the vast territory of Ohio. The Supreme Court 
usually begins its sittings about the first of March, and 
closes about the first of December, so that nine months 
only are allowed within which to determine upon the 
innumerable judgments and decrees, which are, or rath¬ 
er ought to be given in the immense mass of business 
depending before this Court. Within these nine 
months also, these judges are compelled to traverse the 
entire eighty-two counties of the State, passing over 
| some two thousand or more miles of territory, holding 
eighty-two courts, hearing, or pretending to hear, an 
deciding upon—still oftener continuing—the thousansd 
of cases upon the docket, every one of which touches 
the property, the liberty or the life even, of the citizen. 
To accomplish all this, requires powers of action and 
endurance not vouchsafed to mortal man. This is pos¬ 
itively the very worst part of the system. Only think, 
sir, of your Supreme Court, the last depository of the 
tremendous powers and responsibilities of the judiciary, 
turned into a flying express, and running a tilt against 
the wind on a trial of speed; to-day at Cleveland on 
the lake, hanging a man by the neck till dead; tc-mor- 
row at Cincinnati, consigning some hapless wretch to 
the ignominy and horrors of the penitentiary,or ejecting 
an unlucky suitor in that great city from a homestead 


i 









196 


THE NEW CONSTITUTION 


worth millions perhaps, on which he has spent the 
most valuable part of a lifetime? Nothing is equal to 
it—except it may be, the military exploits of the great 
Frederick, of whom it has been said, ‘yesterday he was 
in the south giving battle to the Austrians; to-day in 
Saxony or Silesia—instantly he was found to have 
traversed the electorate, and was facing the Russian 
and the Swede, on his northern frontier. If you look¬ 
ed for his place on the map, before you had found it 
he had quilted it. He was always marching, flying, 
falling back,wheeling,attacking,defending, surprising, 
fighting every where , and fighting all the time.' 

But I have not done yet with the defects. To avoid 
the consequences of a division among the judges upon 
the circuit, and to secure something like uniformity 
and weight to their decisions, the Legislature, some 
years ago, devised an annual session of all the judges; 
to wit: four, at Columbus, to compose what is called a 
Court in Bank. Nothing could illustrate and enforce 
one-half so well, the utter inefficiency of the system, 
as so paltry an expedient. The very evils to be reme¬ 
died are but made more apparent and worse. Four 
judges composing the court, the same equality of di¬ 
vision may arise, with this superadded evil, that two 
upon a side instead of one, stand arrayed against each 
other, while the unfortunate litigants, meantime, after 
years of litigation, at the cost., perhaps, of half their 
fortunes, are compelled at last, either to arbitrate their 
disputes, or to wait till the expiration of the term of 
service of one of one of the judges, or perchance his 
death, or what is still less probable, his resignation— 
for ‘few die and none resign’—may afford a chance for 
a rehearing of the cause, and another division of opin¬ 
ion to be terminated, or protracted it may be, after the 
same fashion. 

Again : this court convenes in the month of Decem¬ 
ber. So that these same judges, after nine long months 
of session as a Supreme Court, and of fatigue and trav¬ 
el and mental harassment, ‘in journeying often, in 
weariness and painfulness and in watching often,’ 
are hurried away in a whirlwind of judicial activity, to 
find themselves transformed suddenly into a Court in 
Bank, with one hundred and half as many cases more, 
to sit just four weeks, for the purpose of revising their 
own decisions, made in the hurry of their blood stirring 
gallop through eighty-two counties in the course of 
nine months. Thus, sir, after this long period of ju¬ 
dicial reconnoitering by this corps of flying artillery, 
the grand attack is ordered, and the whole citadel, out¬ 
works and all of accumulated litigation, is to be carried 
by assault, in the space of four weeks. But seriously, 
Mr. Speaker, fatigued and exhausted by their labors 
beyond endurance, the judges of the Supreme Court 
are convened at the very close of these labors, and 
without a moment’s respite, to begin the investigation 
of a hundred and fifty cases, enveloped amid a mass of 
written or printed arguments whose number and bulk 
would almost put the blush of inferiority upon the 
ponderous tomes of Thomas Aquinas, or any of the 
schoolmen. Now I beg to know, sir, if it be within 
the limits of possibility to obtain, in such a condition 
of tilings, such decisions as alone become the orucles 
in the last resort, of the law? Who that has spent a 
moment in reflecting upon the nature and effect of 
judicial adjudications, but must know that they ought 
to be the work of leisure and deliberation, and pro¬ 
nounced upon a full knowledge only, of the law and 
the facts;—since, if by an unjust decision, my proper¬ 
ty, my liberty or my life is taken away, the consequen¬ 
ces are none the less calamitous to me than if they had 
been brought about by the arm of despotism, or the 
power of the sword. But upon the circuit, there is 
neither time nor opportunity for the acquisition of this 
knowledge, and in Bank, the case is, perhaps, worse. 


But the evil is two fold. The ‘law’s delay,’ has long 
since passed into a by-word and a reproach upon courts 
of justice in other times and countries. Here it is a 
matter of necessity—ordained in effect by the very 
constitution of the state. Hitherto, sir, I have spoken 
as though the dispatch of business by the Supreme 
Court, even without a becoming consideration were 
physically possible. But what is the fact? Between 
March and December—sometimes between April and 
December, as in the present year—this court sits in 
eighty-two different counties extended throughout the 
entire state. The number of cases on the docket in 
these counties is estimated at about three thousand.— 
Now the number of weeks the court, is usually in ses¬ 
sion upon the circuit is thirty six; so that an average 
of just about two and a half days, Sundays included, 
is allowed to each county. Hamilton alone requires 
four weeks—thirty-two only remain to be distributed 
among the other eighty-one counties, and from these 
is to be deducted the time necessarily spent in traveling 
over so many hundred miles of territory. Now, sir, 1 
ask in all earnestness, if it be in the nature of things, 
that the one-twentieth part of the business before the 
court, should be disposed of, even with the most head¬ 
long haste, in so short a space of time? That man 
never lived—the Almighty never put powers of action 
and endurance into breathing human clay—equal to 
the task. 

And now, sir, what is the result of all this, and how 
does it accord with the rights of the citizens and the 
intent of the constitution itself? That instrument 
never meant to interpose such a barrier between the 
the citizen and his rights. Its"’ preamble declares it to 
be ordained ‘in order to establish Justice.’ Again, 
says the Bill of Rights, ‘That the general, great and 
essential principles of liberty and free government may 
be recognised, and forever unalterably established, we 
declare : 

‘Sec. 7. That all courts shall be open and every per¬ 
son for an injury done him in his lands, goods, person 
or reputation, shall have remedy by due course of law, 
and right and justice administered without denial or 
DEL AT.’ 

Such was the design of the constitution, and such 
the earnest and emphatic language in which that design 
was expressed. But how is it now carried out? ‘All 
courts shall be open.’ True, there is no literal infringe¬ 
ment of this injunction. Your courts are open. The 
docket is there, and the clerk to issue, and the sheriff to 
serve your process. But the mockery is only the more 
galling. Open! Aye, too open. But beware, unfor¬ 
tunate suitor, beware; there is no regress from this 
worse than Cretan labyrinth. The foot prints 
around this den of the lion all point towards its en¬ 
trance. 

‘And every person for an injury done s him, shall 
have remed i^.’ Could words more significant, be 
marshalled together in any language? But what is the 
effect of a practically contradictory provision of-the 
same instrument? Every person shall have remedy. 
Now does not every lawyer know that none but the 
more wealthy and influential can afford the now 
‘expensive luxury’ of protracted litigation? Take 
but a single example of daily occurrence. You 
commence suit in the Common Pleas at its April 
term. Your cause is just, but your adversary’s lawyer 
thinks he detects a flaw in the declaration. A demur¬ 
rer is put in. The June term comes; business press¬ 
es: law argumentsean only be heard at the end of the 
term, and then in the hurry and confusion you either 
deem it unsafe to hazard your case, or the court are 
unable to hear it. You suffer a continuance. ^Novem- 
ber term arrives, and the demurrer is argued and over¬ 
ruled. Surely you will now have justice and remedy 








THE NEW CONSTITUTION. 


197 


without further denial or delay. But stop ; that reme¬ 
dy is to he by ‘due course of law,’ and the courts will 
not dispose of two several issues in the same cause at 
the same term. Again continued, is tlie mandate of 
the judge. It is now April term, and the issue is made 
up, when, lo, a material witness is suddenly found ab¬ 
sent by the defendant, beyond the process of the court. 
What then ? An affidavit, and yet another continu¬ 
ance. Or worse ; after waiting perhaps a whole fort¬ 
night with your witnesses, expecting the trial every 
hour, the court is compelled to adjourn without reach¬ 
ing your case. A whole year is now already gone 
since you began suit, confident behind the constitu¬ 
tional shield against delay. Butskillful legal tacticians 
have turned the flank of the constitution. Disheart¬ 
ened and vexed almost beyond endurance, you yet make 
another effort, and the June term brings the consum¬ 
mation of your hopes. Trial is had, and you have ob¬ 
tained a verdict. But a new trial is moved for ; the 
court hearthe argument, and coolly pocket the motion, 
telling you in vulgar law Latin, curia wit advisare. 
In November this motion is overruled. But lo. a bill 
of exceptions has been provided by your adversary, 
and you are transported to the Supreme Court, that 
lazaar house of litigation, where ‘ hope never comes 
that comes to all.’ Well, sir, some time between the 
next March and December, the ‘angel visit’ of that 
august flying squadron, is announced, and you repair 
to the court room just in time to find thecourt adjourn¬ 
ed and on horseback for the :'ext county. Another 
year revolves—the third since you applied for that rem¬ 
edy which you thought to obtain without ‘denial or de¬ 
lay’—and your case is heard. But, behold, the judges 
disagree, and the case is reserved to bank. The scales 
now fall from your eyes, and you find yourself involv¬ 
ed in what you deem interminable litigation. It is too 
late, however to retreat, and after one or two years 
more, or three it may be, you again obtain a tardy de¬ 
cision in your favor, and enter upon the enjoyment of 
your rights, but the end is not yet. Yours may have 
been a chancery suit, and just at the moment you be¬ 
gin to sit down in repose from the fatigues of litiga¬ 
tion, a bill of review is filed by your indomitable adver¬ 
sary. And after passingagain through the same courts, 
and the same tedious process of procrastination, after 
five or six years more, an adverse decision is obtained 
against you ; aud stripped at last of everything, wor¬ 
ried, exhausted, indignant, you give up in despair.— } 
Now I appeal to every lawyer to say whether the pro¬ 
cess I have described may not be passed through in al¬ 
most every case, and whether it is not pased through 
in every fiercely litigated case brought into court. 

Such, Mr. Speaker, is the ‘due course of law’ by 
which ‘every person’ shall obtain remedy for an injury 
done to person, property or reputation. Sir, I will not 
stop to guage the dimensions of a purse long enough 
and wide enough to support the enormous expense of 
such litigation—to say nothing of the mental fatigue 
aud harrassment worse than any pecuniary considera¬ 
tion. 

But, again: ‘Right and justice are to be administered 
WITHOUT DENIAL OR DELAY.’ Sir, I have 
said enough already to satisfy every man that the prac- | 
tice of our courts is but a solemn mockery of the con¬ 
stitution, though the fault is in that instrument itself. 
Without denial or delay‘ Not so; a mockery, mere 
mockery, every word of it. What, no delay, when 
one, two, five, eight, twelve years even arc exhausted 
in insupportably protracted litigation, the miserable lit¬ 
igant stretched meantime, upon the rack of a mental 
torture, enough to divide soul and body? Call you 
that administering right and justice without delay? 

But is there not practical denial also? If the delay, 
and expense, and mental harrassment of a heavy and 


protracted law suit, are such as to drive suitors from 
our courts, and compel them to forego the submission of 
their controversies to the constitutional tribunals of the 
land, acquiescing rather in every species of injustice 
and oppression, how much better is their condition than 
if you were to wall up the doors of your court rooms, 
or to forbid entrance except to the favored few who are 
rich? The denial, the practical denial is just the same, 
and the ruinous results upon public faith and to pri¬ 
vate right, just as aggravated. Why, sir, it is of no mo¬ 
ment to the suitor so far as it affects his life, or person, 
or property, or reputation, whether the injury be done 
him by open despotism, or though forbidden by the let¬ 
ter of the constitution, yet compelled by the force of 
circumstances. The end alike of both is death, death 
to his rights. Rather, then, let us abolish the mere 
form of government, and go back to the first law of 
might, since escaping thus the pretended benefits 
of political organization, we shall escape its burdens 
also. 

Having now pointed out briefly; the two great oppo¬ 
site evils of our system, namely, haste and delay, as ex¬ 
hibited in the Supreme Court, I pass to the Common 
Pleas. And here it need hardly be remarked, that not 
a few of the evils spoken of flow necessarily from the 
organization of these courts also. But I shall not wea¬ 
ry the House with repetition ; adding only, that to them 
in the first resort, is committed almost the entire mass 
of judicial business in the State, both at law and in 
chancery; requiring therefore, in the judges of these 
courts, an extent of ability and learning, and of apti¬ 
tude for the office of judge, which it is given chiefly 
to the Mansfields, the Eldons and the Marshalls of the 
profession, to boast of. The great fault then, of the 
Common Pleas, consists in the constitutional necessity 
for having not less than two associate judges for each 
court. Usually there are three, and these are almost 
alway men of no legal knowledge or education what¬ 
ever—frequently of no knowledge or education at all, 
and who are rarely consulted upon law points, or if 
consulted, (and then only for form’s sake,) acquiesce 
readily in the opinion of the presiding judge. I speak 
in general terms, for I have seen associates now and 
then, whose natural dignity and good sense, made them, 
in all but the forms and nicities of the law, an over¬ 
match for the lawyer who had been elevated,unhappily, 
to a seat upon the bench. But these are exceptions, 

I and even if they were found in every court, thev could 
not make the system much the less defective. For of 
what use are these men, not learned in the law? except 
indeed, in the mere formal business of probate and ad¬ 
ministration, or in the granting of licences to keep tav¬ 
ern. At best they are but an unnecessary encum¬ 
brance, and if erected into an Orphan’s Court, with 
the powers now exercised chiefly by them in the Com¬ 
mon Pleas, apart from the president judge, might 
very easily and to much advantage, be dispensed 
with. 

I come now to the mode of election and tenure of 
office- That election is by the legislature on joint bal¬ 
lot, and for the term of seven years. To all this I am 
opposed. If you do not come back to the ancient 
method of executive nominations to be confirmed by 
the Senate, with a tenure for life, or during good be¬ 
havior, a mode and tenure altogether adverse to the 
genius of our institutions, and tolerated in the federal 
constitution only because it is better to tolerate some 
evils there, than to run the hazard of evils far worse, 
by too frequent and great changes in an instrument 
founded upon so tender and delicate a compact, and 
embracing so many and such varied conflicting inter¬ 
ests—if, I say, you cannot comeback to this, I see 
nothing to be gained by withholding the election of 
Judges from the people. The present system has no 









98 


THE NEW CONSTITUTION. 


one advantage over the mode I speak of—amodeadop- I 
ted long ago, without pollution to justice, or prejudice j 
to the sacred and elevated character of the judiciary, in , 
Mississippi, and more recently, by the now constitu- j 
tions of Louisiana, Tex ts, Iowa and New York. I 
admit that once I entertained and expressed apprehen- ; 
sion for the purity and safety of the judiciary, in the 
event of popular elections. But my little experience 
and my observation of judicial appointments within a 
few years past, (I may add, more recently,) have satis¬ 
fied me that as good and better selections will be made 
by the people, than by this or by any Legislature. Po- j 
litical connection witii the party in the majority, is now 
and always has been made a prerequisite in the candi¬ 
date; for when, I beg to know, did a whig legislature 
elect democrats to judgeships, or a democratic legisla¬ 
ture elect whigs? In elections by the people it could 
be no worse. And Ambos’ saloon would find fewer pat¬ 
rons then. 

The general principle surely is that all elections ought 
to be by the people direct; and the case should be a 
strong one to justify a departure from the rule. I ad¬ 
mit that the judiciary is by far the strongest; and that 
there are reasons peculiar to it and not applicable to 
the other departments, in favor of the exception. But 
I repeat and insist that unless you can secure the full 
benefit to be derived from a different method of ap¬ 
pointment, it is both wrong and vain to abandon a gen¬ 
eral principle so vital, and so consonant with the spir¬ 
it of our institutions. Give but a sufficient term of 
years to the tenure, and above all, fixing a minimum 
compensation liberal enough to secure the best virtues 
and talent of the bar, thus place the salary of the Judge 
beyond the tampering of vulgar demagogues, and you 
have nothing to fear from a popular election.—In these 
opinions and in the conviction which forced them up¬ 
on me, I am both honest and sincere. I do not know, 
indeed, that the mode of electing Judges just pointed 
out, would at this lime meet the approbation of the 
people of this state, or even of a majority of this House. 
1 think the people are with us. I know they will be, 
and that right speedily. But I entreat most earnestly 
that no man here vote against this bill because there 
might arise a diversity of opinion as to the particular 
provision of the constitution to be framed, and because 
he is afraid his views of political organization might 
not prevail in the convention. Such diversity must of 
necessity exist; but the majority should govern; and if 
the people to whom the constitution would be submit¬ 
ted, approved, whose voice should be lifted up in com¬ 
plaint? 

I turn now from the judiciary, to point out defects 
in other parts of the constitution. And first, the 

■want OF A CHECK UI*ON THE LEGISLATIVE POWER TO IN¬ 
CUR. public debts. Made wise by a wholesome but se¬ 
vere experience, in nearly every constitution adopted 
within the last ten years, the people have provided some 
such restriction: and surely we in Ohio have had good 
cause to lament the want of it in ours.—The principle 
of the check is plain. The property of the whole peo¬ 
ple is confiscated in the shape of taxes, provided for the 
liquidation of the debt. Foremost indeed, it is mort¬ 
gaged, “pledged,” and then the alternative is either 
payment or repudiation; the first is onerous; the last 
iniquitous and disgraceful: Now assuredly it is but 
fair that they who must pay, should first give express 
consent to the debt, and the especial reason why express 
consent should, in this case, first be obtained, by direct 
vote of the people, is to be sought for in the fact, that 
every citizen is compelled to bear disproportion of a bur¬ 
den from which, except in hopeless poverty, there is 
no escape. I desire to be understood; the penalty of 
the law against murder may readily be avoided by re¬ 
fraining from the perpetration of murder. Not so 


with tax laws. Now to unlimited power in the legis¬ 
lature over this subject, I object. Combinations and 
local influences and interests, have too powerful a con¬ 
trol in legislative assemblies, to make them depositories 
of so tremendous a power. Providently, therefore, and 
wisely did the constitution recently submitted to the 
people of Missouri (though rejected) provide that, 

“The General Assembly shallhave no power to pass any 
law whereby any debt shall be created, that shall cause the 
entire indebtedness of the state contracted under this Con¬ 
stitution, to exceed at any onetime, twenty-five thousand 
dollars, except in cases of war, insurrection or invasion. 

“But the General Assembly may propose by a vote 
of a majority of all the members elected to both branch¬ 
es thereof, the creation of a debt for any specified pur¬ 
pose, which shall be submitted to the direct vote of the 
people at the next general election thereafter, and if 
aoproved by a majority of the qualified voters voting 
on such question, shall be of full force and effect; pro¬ 
vided, that each proposition shall be for one object alone, 
and shall propose the ways and means by taxation, for 
the payment of the debt and interest as they become 
due; and provided further, that no more then one prop¬ 
osition shall be submitted by any one session of the 
General Assembly, and that the debt proposed shall not 
have a longer time to run than twenty years.” 

Somewhat similar, also, is the restriction in the re¬ 
cent constitution of New York. Now, whether such 
provisions were adopted in so many words or not,some 
restriction certainly, ought to be imposed upon the 
legislative exercise of a power so delicate and momen¬ 
tous. 

The requirement of an annual session of the le 
gislature is the defect in the present constitution to 
which I next advert ; and the remedy proposed will, I 
know, meet the almost unanimous concurrence of the 
House. I mean biennial sessions, with a provision 
for extraordinary sessions in great emergencies. This, 
also, is a modern and highly popular improvement in 
constitutional science. Into most of the constitutions 
recently organized, it has been freely admitted, and at 
the late general election in Maryland it was ordered by 
a large majority to be incorporated into the constitution 
of that State by special amendment. Though by no 
means persuaded that it is the all healing remedy for the 
many ills of legislation, I need not argue long to sat¬ 
isfy this house that those worst and most costly of all 
the evils of a representative system of government, 
hasty,excessive, and unstable legislation must, of neces¬ 
sity, be greatly diminished were the legislature to as¬ 
semble but once in two or three years. Most also of 
this legislation is special and private. Here, sir, is the 
volume of local laws for the session of 1844 and ’45, 
numbering in all, together with the resolutions, four 
hundred and seventy, while the number of laws of a 
general character passed at the same session, reached to 
| but eighty-nine. The former embrace almost every va¬ 
riety of subject from the incorporation of a bank down 
to the changing of a man’s name, or the laying out of 
j a back alley in a paltry village. The assembling annu¬ 
ally of the legislature would seem to remind the citi¬ 
zens of this State that they may* now find a ready in- 
| strument wherewith to have that done which nobody 
I and nothing else will do. A thousand schemes of 
| crude, or absurd, or useless, perhaps iniquitous legisla¬ 
tion are thus projected, which otherwise would never 
have been thought of. Self reliance is forgotten. The 
individual man, living, breathing, God-created, exult¬ 
ing in might, and shaking himself in the majesty of an 
immortal and almost omnipotent nature—the man Goa 
i made in his own image, and into whose nostrils He 
breathed the breath of life—man, conquering the ele¬ 
ments, making the lightnings his messengers, and 
thrusting the storms under his feet, is lost sight of, and 







THE NEW CONSTITUTION. 


199 


the graven images, the base gods of legislative creation, 
which,‘having eyes see not, and ears hear not,’ are 
bowed down to and worshipped, till none other are 
deemed able to save To the government all eyes are 
directed ; by it all the ills of life are to be dispelled, 
and from it all blessings to flow. Not a bridge can be 
erected, nor a highway laid out, nor a turnpike graded 
without the intervention of the legislature. Hercules 
is always invoked, and a god brought upon the stage 
even when there is no nodus worthy of such agency. 
The ‘let alone policy,’ that first and most ennobling of 
all political maxims, which teaches man to rely mainly 
upon the powers and attributes of his own nature, and 
to distrust the omnipotence of government to dispel 
evils and create blessings, is cast aside, and soul-debas¬ 
ing prostration before political and corporate organiza¬ 
tion, substituted in its stead. I say nothing of the cost 
to the people. The evil strikes deeper : the corruption 
reaches that which is more delicate than the purse ; and 
there is no medicine nor surgery equal to the cure. 

But besides the excess of legislation, much of it is 
necessarily hasty, and, worst of all, unstable. The law 
of yesterday is annulled to-day ; and one legislature 
meets only to set aside the acts of its predecessor.— 
The sound of the hammers, tinkering perpetually at 
the laws, is heard at all hours in the halls of the legis¬ 
lature. Acts amendatory, supplementary, construct¬ 
ive, declaratory, repealing, explanatory, are piled upon 
acts, till not unfrequently the parts in force have to be 
traced back through ten successive volumes,and mean¬ 
time every thing like uniformity and certainty is lost, 
and courts, lawyers and litigants floundering in a sea of 
conflicting and contradictory legislation, are driven 
alike to despair. No man—not even the legal profes¬ 
sion can keep up with the striding progress of law¬ 
making. Cases are beguu under one statute, heard 
upon a second, and decided upon a third. Is not all 
this an evil and an oppression not to be endured ? But 
it is fastened upon you by the constitution: it is or¬ 
dained and established as part of the fundamental law 
of the state ; and the remedy is through that measure 
only, which with as earnest entreaty as ever came from 
human lips, I now urge upon the house to adopt.— 
There is no other remedy for evils which are cor¬ 
rupting the people, and poisoning the fountain of legis¬ 
lation. Here, in this remedy alone, is there enough, 
amply enough to compensate for alt the cost and haz¬ 
ard of a reorganization of our political system. And I 
implore gentlemen as they love liberty, as they rever¬ 
ence, and would hand down our free institutions to 
their children unimpaired, not to defeat this bill. 

[Mr. V. then said that there were many other evils 
and defects in substance in the constitution, which 
would need a remedy, but he would pass to the con¬ 
sideration of those which, though in matter of form, 
arrangement and style, were yet not to be disregarded. 
He then took up the constitution, reading and com¬ 
menting at some length upon sections two, four, seven, 
nine, nineteen, and twenty-six, of the first article ; and 
upon article four, article seven section five ; and sec¬ 
tions six and twenty-seven, of article eight—more mi¬ 
nutely and earnestly upon the seventh section of the 
first article,* showing that so carelessly was this as well 
as oilier sections, drawn up, that it literally excluded 
every person from the Senate “who is a citizen of the 

*The section is in these words : 

“Sect. 7. No person shall be a senator who has not 
arrived at the age of thirty years, and is a citizen of the 
United States ; shall have resided two years in the 
county or district, immediately preceding the election, 
unless he shall have been absent on the public business 
of the United States, or of this state ; and shall, more¬ 
over, have paid a state or county tax. 


United States’or who ‘shall have resided two years in 
the county or district immediately preceding the elec¬ 
tion or who ‘shall have paid a state or county tax,’ 
unless such person ‘shall have been absent on the pub¬ 
lic business of the United States or of this State,’ in 
which event he might, if not a citizen of the. United 
States, be eligible to the Senate, though he had resided 
the two years preceding his election in the county or 
district. Mr. V. then proceeded :] 

The necessity and propriety of a change in the con¬ 
stitution of this State are so readily and universally ad¬ 
mitted, that I have spent too much time, perhaps, in 
speaking to this point of my argument. But I desired 
to present them the more vividly, yea, in living light 
before the members of this House, because no mere 
cold conviction or assent of judgment, I feared, could 
command their support to this measure, without an ac¬ 
companying impulse from the will. Scarce one man 
who has spent one moment’s reflection upon this great 
question but will tell you, ‘I admit the necessity of a- 
mendment, but the time is not favorable.’ Sir, when will 
the time be favorable, if not now ? Within forty-four 
years—since the formation of the present constitution, 
not less than five and twenty, perhaps thirty constitu¬ 
tions have been either reorganized or adopted anew.— 
Scarce one State of the ‘old thirteen,’ but has changed 
its fundamental law, and some among them twice or 
three times. Massachusetts, old sober conservative 
Massachusetts, where change and progress in polities, 
are. feared as the breath of the pestilence, has amended 
hers. Virginia and Pennsylvania, also, have done like¬ 
wise, and Virginia is convulsed now again by the ef¬ 
forts of her reformers toward yet another change.— 
Rhode Island, slumbering as she did, for nearly two 
centuries under the charter of a British King, has wa¬ 
ked up at length, and framed anew her organic law.— 
New Jersey, Louisiana, Texas, and more recently still, 
New York have each reorganized its constitution. And 
shall Ohio, Young Ohio, fall behind ?—Sir, the pro¬ 
gress of constitutional science, (the great bulwark of 
liberty,) within half a century, has amazed the civili¬ 
zed world. Nothing in any other department of poli¬ 
tics, has equalled it. The capacity, once doubted in 
this country, of the people for self-government, in its 
most expanded limits, has been demonstrated. While, 
meantime, the tyrants and legitimists of the old world, 
have looked on with blanched cheek and cowering eye 
at the progress of the democratic principle, which, 
scorning to tread the beaten track of ordinary politics, 
has stricken out a new path, crushing to the ground be¬ 
fore its giant strides, all that sluggard opposition of old 
fashioned conservatism, which sits like the unhappy 
Triton on its fast-bound rock, and weeps in envy and 
malevolence at the Genius of Improvement going forth 
as the strong man rejoicing in his strength. This spir¬ 
it of progress, let me admonish gentlemen, it is vain to 
resist. You may retard, but you cannot arrest it. 1 
know it will be opposed, and that all the might and 
skill of conservatism will conspire for its fall. Men 
are slow to give up what they delight to call ‘ the wis¬ 
dom of their ancestors.’ Sir, there is a wisdom which 
sometimes becomes madness. But we do not teach for¬ 
getfulness of the lessons of the past. We would go 
back to that fountain, but we would desire, also, to 
grow wise from experience, and to correct the errors 
which that experience points out. Experiment is 
the great laboratory of politics; but its results must 
be carried into practice by reforms, or they are of no 
value. True, sir, in the midst of all this soul-gladden¬ 
ing march of improvement, we should rejoice to look 
back also, to the instructions of those who have gone 
before us. I belong, indeed, to what is sometimes 
sneeringly called the ‘ progressive’ school of politics.— 
I am proud to belong to it. It teaches faith in man 








20) 


THE MEW CONSTITUTION. 


God made him. Progression too, is a law of our race. 
But not that progression which forgets all the teachings 
of the past, and spurns all the dangers of the future.— 
The true law of progress, if I understand it, demands 
not so much the originating of new principles in poli¬ 
tics, as the varied application of the old and established 
principles to the ever and rapidly changing circumstan¬ 
ces which distinguish every year in our history from 
the years which have preceded it, altering our policy 
and conduct of affairs, and even our institutions, accord¬ 
ingly as these changes demand it, directed throughout, 
however, by the same great leading principles which 
reason and prescription alike combine to make author¬ 
itative and venerable. On just such principles would I 
desire that the great reform here proposed, should be 
conducted. And now, too, we have all that wisdom 
can devise, or the experience of our own or other States 
can teach, to guide us. The times are propitious. Why 
then delay ? Do you fear the introduction of party in¬ 
to this great question of reform ? Never will there be 
a time iess exposed to its influences. This proposition 
will be submitted to the people at the fall election of 
’47, at a season when there will be neither president, 
governor, nor members of Congress to elect, and when 
no disturbing causes, therefore, will combine to trou¬ 
ble the pool of politics, national or state. Nothing of 
s<f generally an agitating character, as to arouse even 
the. ordinaly political excitement throughout the State, 
will or can be brought before the people. I know of 
nothing to break the calm of that election. And if the 
people should decide for a convention, the election of 
its members, and the commencement of its session 
must both take place before the presidential canvass of 
’48. When will a time so auspicious come again ? Do 
you mean to wait till parties shall no more exist ? Sir, 
such vain imaginings are the very worst sort of politi¬ 
cal tnillerisrn. That day will never come. You must 
first alter man’s nature, or striking down the spirit of 
liberty, must compel the uniformity of unanointed des¬ 
potism. Parties will alvvay exist in a free country, and 
it is the business of wise men not to attempt to eradi¬ 
cate, but to regulate and control them. But why shall 
party enter at all into this question ? It is a question 
for the whole people of the State, and concerns them, 
not as whigs or as democrats, but as citizens. Other 
States have met as people in this great matter of con¬ 
stitutional reform. In Louisiana, where parties are 
nearly balanced, but. three thousand votes were cast a- 
gainst the new constitution of ’44. In Iowa and Mis¬ 
souri the new constitutions proposed were rejected— 
in the former twice rejected—though the party whose 
friends bad submitted them, were largely in the major¬ 
ity. Even in New York, where, if in any State, par- 
lizan influence was most to have been expected, in N. 
York where the despotism and corruption of party are 
carried as far surely as in Ohio, the call for a conven¬ 
tion was sustained by<a vote of two hundred and thir¬ 
teen thousand to thirty-three thousand, or a mrjorityof 
not less than one hundred and eighty thousand votes, 
while the constitution which that convention submit¬ 
ted received a majority of fifty thousand at an election 
where a whig Governor, and a democratic Lieutenant 
Governor were each elected by about ten thousand ma¬ 
jority, Why, sir, even in the convention of Pennsyl¬ 
vania too—old democratic Pennsylvania—I mean the 
Pennsylvania of ’38, not ’46 — John Sergeant was 
chosen President. And is it in Ohio alone that the 
thraldom of party is so monstrous that a convention is 
not to ba called, and not even the people consulted 
whether they desire it, for fear that the influence of 
partizan politics will corrupt its deliberations ? Sir, I 
was born in Ohio, and I will never consent to brand 
upon her brow the infamy of such an imputation.— 
You!' best and purest loefi will find seats in this con¬ 


vention, and they will vote and speak as honest men 
aud as patriots. 

But if the fear of party is to defeat this measure, 
when will it pass ? Now I submit it to gentlemen as 
to members earnest in their desire to vote for the best 
interests of the people ;—if this bill is never to pass— 
if the constitution needs no amending, and is never to 
be amended—this objection is at least consistent. But 
if you look forward to a time when the constitution of 
this state is to undergo the process of revision, then let 
us hear no more of party, for its corrupting influence 
will be far greater and more perilous half a century 
hence, than in this comparatively healthy age of the 
commonwealth—certainly as great in five years or ten 
as at this day. Sir, I protest earnestly against the de¬ 
feat of this measure by the votes of those who, admit¬ 
ting the necessity of a change in our constitution, de¬ 
sire and expect to see it carried out at some future day. 
What ! object to this bill now, and vote against it be¬ 
cause you are afraid that party corruption will steal in¬ 
to the convention and fasten upon the state a constitu¬ 
tion worse than the present, and yet think to call just 
such a convention, for just the same purpose at some 
other time—as if party spirit and party distinctions 
were at their last gasp and never more to be heard of ! 
Sir, I repeat it: that day will never dawn. I have no 
faith, not the slightest, in the coming of a political 
millenium when the lion and the lamb shall lie down 
together. Such visions are just ‘ the stuff' that dreams 
are made of.’ The ‘ moonshine’s watery beams’ have 
i ten times the substance of such shadows. But why 
fear a worse constitution ? The people are first to re¬ 
solve whether they will have a convention. They are 
then to elect the members of that convention, and fi¬ 
nally the constitution itself, is to be submitted to them 
for their approval or rejection. The People are to de¬ 
cide that question also. And how and whence comes 
this fear of a worse constitution, but from secret dis¬ 
trust in their virtue and intelligence. 

Again; I have heard it said, ‘ New York has just a- 
dopted a new constitution, and let us wait till we see 
how it works.’ What kind of an argument is this ?— 
This bill does not propose to adopt the New York con¬ 
stitution, or any othei already formed. What has it or 
what have they to do with the question of a conven¬ 
tion in Ohio, that we shall wait till they have been 
tried ? Their principles are not new ; and if they 
were, how know you that they would be introduced 
into ours; or if they were introduced with the sanc¬ 
tion of the people, who should say aught against it ?— 
Wait? And how long? One, two, five years ? How 
long shall the test be ? Why, sir, by that time Virgin¬ 
ia shall have reorganized her constitution, and then we 
shall be told, ‘ wait till she has tried how it works.’— 
Every year some new constitution is framed, and thus 
there never is or will be a time when this objection may 
not apply with just as great force. 

When the proposition similar to this, Mr. Speaker, 
was under debate, at the last session, the argument 
most urged against it, and that which, I feel and know, 
will go farther toward the defeat of this bill than all 
others put together, was the fear of untried and dange¬ 
rous innovations. The dire spirit of radicalism, they 
told us, and some now will tell us, is abroad in its rage, 
and threatens, like the Apostles of old, to turn the 
world upside down. Sir, this fear of innovation, or 
rather of progress, is a morbid affection to be dealt 
with as other hypocondriac diseases. And I would la¬ 
ment beyond the power of words to express, that its 
influence should be allowed to defeat this measure.— 
But how comes such an objection to be urged by those 
among the majority of this House ? Have not the whig 
party sworn upon the horns of the altar, eternal hos¬ 
tility to all such innovations as are thus feared and ab- 







201 


THE NEW CONSTITUTION. 


horred, and does not that party boast of a permanent 
majority in this State reckoned by thousands ? Have 
we not heara it proclaimed times out of number, that 
Ohio is unalterably a whig State? Now, sir, this 
question must first be submitted to the people; and up¬ 
on the new constitution also they must decide. And 
think you, sir, the people, a large majority of whom 
are claimed to be whigs,—conservative whigs and oppo¬ 
sed to all innovations and radicalism, to hard money 
and legislative supremacy over ‘vested rights,’ so call¬ 
ed—will first demand such convention, thus exposed to 
such dangers, then elect a majority of members to serve 
in it, who will propose a radical, impracticable consti¬ 
tution : and finally, support that constitution by their 
free suffrages? JNo, sir, let gentlemen be consistent.— 
If in truth, you have confidence in your majority, vote 
for this bill. It is we, we who should fear, if any. But 
we are not afraid to trust this question to the people of 
Ohio. Ours is a living faith in their virtue and intelli¬ 
gence. We believe, and mean this day to prove the sin¬ 
cerity of that belief by our votes, that they will choose 
just such a convention and such a constitution, as will 
best promote the genuine principles of free govern¬ 
ment, and the true interest of the State. Afraid ! and 
of whom and what? Sir, this bill proposes no more— 
and I desire to write upon the hearts of the members 
of this House, as with a pen of iron,—no more than 
Simply to submit to the people, whether they desire a 
convention to amend or change the constitution. It 
calls no such convention. We have no authority to call 
it. And if the people of this State do not desire it, 
they will vote this proposition down, and that too, with 
little trouble and at no expense. If they mean to de¬ 
mand a convention, they will signify that demand thro’ 
the ballot box—that ‘weapon surer set, and better than 
the bayonet.’ And who shall interpose between them 
and their will? Shall the agent become greater than 
his principal or the creature dictate control to the crea¬ 
tor? I repeat it, this bill does not propose to call a con¬ 
vention. Look to its title—‘ A hill to provide for ascer¬ 
taining the will of the people of this Slate, vpon the ques 
tion of calling a convention to amend or change the con¬ 
stitution of the same .’ That, sir, is its object—its sole 
object. And who shall dare rise up and say ‘we care 
not to know the will of the people upon this question? 
we are opposed to a convention : that is enough. We 
are afraid of it, and their voice shall not be heard.’ Yet 
such, in effect, will be the language of him who shall 
this day record his vote against the measure. 

But there are those who, admitting in all their force, 
the defects of the present constitution, the necessity of 
amendment, the fitness of the time, the nature of this 
proposition, the right of the people to decide upon it, 
the propriety of submitting it to their decision, and all 
the other great considerations, in view of which I have 
plead with this House for the passage of this bill, yet 
folding their hands to sleep, tell us in sluggard accent, 
‘better wait a little longer.’ Wail! And for why, and 
for what ? Sir, I abhor the word. ‘Howlings attend it.’ 
It is a bad word, and sounds dismally of the ruin of 
great enterprises. It smacks of death, all over of death. 
It has the hollow moan of the sepulchre of all good, 
about it. There is ruin in its accent. ‘ Wait a little,’ 
said the First Charles when the Commons of England 
knocked loud at the palace, and demanded reform of 
abuses and redress of grievances, and the storm of civ¬ 
il uproar bore him headlong to the scaffold. ‘ Wait a 
little,’ said the Second James, to the enraged Protestants 
of his kingdom, crying out iorsecuriiy to their religious 
rights and form of worship,—and the throne rotted a- 
way from under him, and he died miserably an exiled 
King. ‘Wait a little,’ said Louis of France, as the 
cloud of discontent arose no bigger than a man’s hand 
—and it began to blacken the horizon. ‘Give us our 


rights and protect us against the monstrous wrongs per¬ 
petrated upon us,’ said the people, as they thundered 
at the gates of the Bastiie. ‘ Wait a little,’ murmured 
the King,—and the storms came, and hail stones, and 
coals of fiery indignation from the people, swept over 
France; and throne, and king, and govornment, and 
nobles, all went down in blood, before the whirlwind 
of revolution. ‘Wait a little !’ There is danger in the 
words. Sir, the people of this State demand this re- 
iorm, and will ere long come thundering about this 
capitol, also, if denied. The present constitution was 
never submitted to them for their approval, and exists 
only by connivance. True, it points out a mode of a- 
mendment and provides for submitting that question to 
the people, as we now demand at the hands of this 
House, and in their name, that it may be done. But I 
warn gentlemen not to carry refusal and delay too far. 
Look to Rhode Island. Though her cause fell into un¬ 
safe hands who betrayed it, yet, reckon not, I beg you, 
too largely upon its failure. The people of Ohio will 
not be hurried rashly into a mode of reform other than 
that prescribed by even the present constitution, to 
which they have yielded only a tacit assent. Nor yet be 
assured, will they slumber forever upon those rights 
which constitutions can neither give nor take away.— 
But this constitution has declared in so many words, 
the rights of the people to be above the authority of 
their representatives, and recognized their unalienable 
and full power at all times over their forms of govern¬ 
ment. And though we should forget, yet they will re¬ 
member it. Let me remind gentlemen of this provis¬ 
ion of our bill of rights. There is fearful significancy 
in it. I read from the constitution :— 

‘ That the general, great and essential principles of 
liberty and free government, may be recognized and 
forever unalterably established, we declare, 

Sec. 1. That all men are born equally free and in¬ 
dependent, and have certain natural, inherent and un¬ 
alienable rights, amongst which are the enjoying and 
defending life and liberty, acquiring, possessing, and 
protecting property, and pursuing and obtaining hap¬ 
piness and safety, and every free republican govern¬ 
ment, being founded on their (the prople’s) sole au¬ 
thority, and organized for the great purpose of protect¬ 
ing their rights and liberties, and securing their indepen¬ 
dence : to effect these ends THEY HAVE AT ALL 
TIMES A COMPLETE POWER TO ALTER, RE¬ 
FORM AND ABOLISH THEIR GOVERNMENT 
WHENEVER THEY MAY DEEM IT NECESSA¬ 
RY.’ 

Now, sir, I do not undertake to say that this provis¬ 
ion, comprehensive and emphatic as its purport and 
language are, authorizes a change of the constitution, 
by the people of this state in their unorganized capaci¬ 
ty, and in a mode other than that pointed out by the 
instrument itself. But with this provision in it, and 
with the fact palpable, that the constitution never re¬ 
ceived the direct approval of the people, and is not their 
constitution except by acquiescence, I will not answer 
for doctrines which may be taught, and movements 
which may be made, if this assembly shall persist in 
obstinate refusal to carry out the intent of that consti¬ 
tution, and the will of the people. It is the part of 
wisdom not to press measures like this to extremes.— 
Sir, this bill must and will sometime or other become a 
law- You may vote it down now. You may look 
the people in the face and say to them, ‘we care not to 
know your will upon this question, for we are adverse 
to it.’ But be assured, be assured, that sooner or la¬ 
ter, and in a day perhaps when you think not of, this 
bill will pass. If passed now, your constitution will be 
framed in the midst of calm, by the sober second thought 
of a convention of cool headed men and patriots, and 
passed upon by a people undisturbed by agitation. But 







202 


THE NEW CONSTITUTION. 


if this Legislature shall wait, and wait, and wait, till 
with safety they can wait no longer—till forced by the 
thumferings and knockings of the people, which will 
not be denied; know well, your constitution will be 
‘born in bitterness and nurtured in convulsion.’ For 
let me admonish this House, in the crooked, but signi¬ 
ficant anglo-saxon tongue of Carlyle, that here, too, as 
in France, if rulers and representatives refuse the time¬ 
ly correction of the abuses, errors and defects of Gov¬ 
ernment, ‘something will some day DO ITSELF in 
a way to please NOBODY - ’ If, then, in truth, you are 
afraid of the spirit of an impracticable radicalism—if 
really you fear a constitution worse than the present, 
wait not, I beseech you, till the whirlwind and the 
storm of popular commotion shall sweep over the State 
but pass this bill now —to-day, and claim to your¬ 
selves the honor and gratitude of other times, and make 
this session memorable, and this day a day long to be 
venerated in the State of Ohio. Let no man ask us to 
wait longer. Pass this bill ; be not afraid of the peo¬ 
ple. Trust to them, the decision of this question, and 
proclaim by your votes this day, the sincerity of your 
faith in their virtue and intelligence to frame a consti¬ 
tution worthy of this great commonwealth. 


More United States. 

The territory not yet formed into States, will make 
forty-six and a half States as large as Pennsylvania.— 
Of these thirty-five will be north of 36 deg. 30 min.— 
or free States. Eleven and a half south of 36 deg. 30 
min.—or slave States, supposing the Missouri Com¬ 
promise line to be adopted. 

The United States will then consist of seventy-six 
sovereign States. Tyrants tremble ! 

Should Oregon, California and New Mexico fly off, 
and the Rocky Mountains be the division between the 
United States of the Atlantic and the United States of 
the Pacific, the Atlantic Union will contain fifty-seven 
sovereign States ; the Pacific Union nineteen gigantic 
sovereign States. Tyrants, still tremble. 

These calculations are based upon the recent report 
of the United States Commissioner of the General 
Land Office—and take in all the United States territory 
of every kind not yet formed into States. God save 
the Union.—VViesJ Chester Jef. 

The above calculation, which is not wide of the ac¬ 
curate truth, shows that at no remote time, probably 
in a century, there will be a collossal Republican 
power upon this continent. Our computation would 
give more to the Pacific. The extent of our territory 
upon the Pacific, from 32 deg. to49 deg., may be called 
1200 miles. The breadth may be called 800 This 
last is supposed under the actual measurement. This 
gives 960,000 square miles, and will make 24 States of 
40,000 square miles. New Mexico added would in¬ 
crease the number to about 30. Suppose Texas to make 
six and Minesota one, we shall have 66 States. But 
before this consummation, it is probable that the two 
Canadas, New Brunswick and Nova Scotia will swell 
the list four more, making 70 States 

The power and resources of this chain of States 
would not be to be measured by the present condition 
even of the present thirty. The Commerce of Asia 
brought to our doors—and the St. Lawrence, whose 
importance to Canada or Great Britain is trifling, but 
which would be to us an element of strength and pros¬ 
perity not inferior to the Mississippi—will make a na¬ 
tional wealth and strength with which no other power 
on the Globe can come in competition — St. Louis Un. 

EFThe people of Quebec lately destroyed, in a mob, 
a large building which the Board of Health had rented 
for a Cholera Hospital. 


THE ENGLISH PARLIAMENT: 

Its Origin and its Powers—The Sovereign as 
a Law Maker. 

The vast power conferred by the Constitution of 
Ohio upon the Legislature, and the frequent mention 
of those powers in the contest now going on for a 
change of the fundamental law of the State, has led us 
to the belief that a running history of the origin of the 
British Parliament, from which the idea of Congress and 
of state Legislatures was first taken, would’ not be un¬ 
interesting to our readers, and not inapplicable to the 
historical portion of our publication, which seeks to 
tiace reforms in government, whereby the rights of the 
masses are enlarged from their incipient state. 

The first Parliament of which history gives any ac¬ 
count was in the year 1266—fifty-one years after Mag¬ 
na Charta was forced from King John. In that instru¬ 
ment provision is made for admitting the Commons to 
a share of the Legislation of the Kingdom, and in the 
same charter King John “promises, for himself, and his 
heirs and successors, to summon all archbishops, bishops, 
abbots, earls andgreater barons personally; and all other 
tenants in chief under the crown by the sheriffs and 
bailiff's, to meet at a certain place, with forty days no¬ 
tice to assess aids and scrutages (taxes, or compulso¬ 
ry gifts) when necessary.” 

Previous to the times of which we speak, all matters 
of importance were debated and adjusted in great 
councils of the realm, but how summoned or what 
their powers, history does not inform us. Parliament, 
as it now exists, with defined powers, was first sha¬ 
dowed forth in Magna Charta, and was brought in. 
to existence in 1266, by King Henry III, who is 
sued his writ summoning Knights, Citizens and Bur¬ 
gesses to attend the King in Parliament, upon the meet 
I ing of which the House of Commons then for the first 
time had an existence and a name. 

Parliament was originally divided into three estates, 
viz : the Lords Spiritual, the Lords Temporal and the 
Commons. 

The first estate, the Lords Spiritual, consists of thir¬ 
ty Archbishops and Bishops. The second estate, the 
Lords Temporal, consists of all the peers of the realm# 
—birth making them counsellors of the King. Though 
the law recognizes the Lords Spiritual and the Lords 
Temporal, as different and distinct estates, yet in“prac- 
tice, they are usually blended together under one name 
of the Lords ; they intermix in their votes, and the 
m&jority of such intermixture joins both estates.” 

The third estate is the Commons, a body answering 
somewhat to our House of Representatives in Con¬ 
gress, and is called the Lower House, to distinguish it 
from the Upper House or House of Lords. They meet 
by themselves, and are elected by the qualified elec¬ 
tors. “Under the old constitution of the House, the 
counties were represented by Knights elected by the 
proprietors of lands, and the cities and boroughs by 
citizens and burgesses, chosen by the mercantile part, 
or supposed trading interest of the nation.” During 











203 


THE NEW CONSTITUTION. 


the reign of James I. the Universities had conferred up¬ 
on them the favor of being permanently represented in 
the House of Commons. In 1832, the so called Reform 
bill was passed, greatly extending the right of suffrage 
and reducing the number of members of the House of 
Commons from 668 to 658, ten members ; of which 
more than three-fifths are allotted to England. 

In the early history of Parliament, a seat in the 
House of Commons was considered a post of neither 
honor or profit, and in the reign of Edward I., history 
records the fact, that “no intelligence could be more 
disagreeable to any borough than to find it must elect, 
or to any individual that he was elected, to a trust to 
which no honor was then attached. At that time (con¬ 
tinues the author from whom we quote,) it was usual 
for the members to give sureties for their attendance 
before the King and Parliament, their expenses being 
respectively borne by their constituents.” Since then 
a seat in Parliament confers privileges which has made 
a place in the House of Commons desirable, and though 
the member draws no pay; and the constituents are ab¬ 
solved from all liability for his support, yet to gain a 
seat, princely fortunes have been spent and opulent 
men reduced to beggary. Siding with the Ministry, is a 
passport to office and hence a corrupt ministry will al¬ 
ways find supporters so long as they have pensions and 
office to bestow. 

The “Reform Bill” of 1832, was passed to do away 
with the inequalities of representation, and in some 
measure it did effect a reform, yet in the election of 
members the Kingdom is so gerrymandered, that Man¬ 
chester, with a voting population, under the present 
system with 8,600 voters, and a population large as the 
city of New York, sends the same number of mem¬ 
bers of Parliament as Thetford, with a voting popula¬ 
tion of 160—Liverpool, with her 12,000, voters, only 
as many members as Chippenham, with but 217, and 
the West Riding of Yorkshire, with a voting popula¬ 
tion of 30,000, only sends as many members to Parlia¬ 
ment as Harwich, with but 181 voters. 

Ten districts, which elect members of Parliament, aa 
appears from the “Registration Returns for 1842,” 
have voting populations under 200—twenty-eight oth¬ 
er districts have less than 300 voters each—fifty-two 
other districts have less than 400 voters—twenty-two 
other districts have less than 500—twenty-eight other 
districts have less than 600—thirty-four other districts 
have less than 700—eighteen other districts less than 
800—twenty-six others less than 900 and twenty-six 
others less than 1000 Of the remaining districts, nine¬ 
teen have a voting population of over 1000—fourteen 
others over 1100—thirteen others over 1200—ten oth¬ 
ers over 1300—thirteen others over 1400—seven others 
over 1500—fourteen others over 1600, and nine others 
over 1700. While the entire number of voters in the 
Kingdom is only 994,731.—“three hundred and forty- 
one members of Parliament, out of six hundred and 
fifty-eight, are elected by 164,810 voters,”—one-sixth 


part of the voters of Great Britain electing a clear 
majority of the members of the British House of Com¬ 
mons. 

To do away with this inequality, and to secure to the 
people of the United Kingdom, laws of a just and equal 
character, a large party of the working men of Eng¬ 
land have joined together under the name of Chartists, 
who demand— 

1st. The right of suffrage to every man over the age 
of 21 years, who has not been deprived of the right in 
consequence of a verdict of his country. 

2d. The right of voting by secret ballot, instead of 
the viva voce system. 

3d. The abolition of all property qualifications for 
members of Parliament. 

4th. Annual Parliaments. 

5th. Payment of members, as we pay our members 
of Congress. 

6th. A division of the Kingdom into proper electoral 
districts, by which each part will be fully and justly 
represented. 

Such are, or were a year or two since, the six arti¬ 
cles of the Chartists’ creed, and we know not that they 
have been altered. It seeni3 strange to an American, 
that demands apparently so reasonable should be re¬ 
fused and treated with scorn and contempt. Butgrant- 
ing them, would alter the whole frame work of the 
British government. 

The members of Parliament are summoned to meet, 
“by the Kings writ, regularly issued out of chancery, 
by advice of the privy council, at least forty days be¬ 
fore it commences its sittings. It belongs cxclvsivcly 
to the Kings prerogative to summon Parliaments; no 
Parliament can be convened by its own authority, or 
by any other authority than that of the sovereign; 
for the crown, (it is held,) “under God alone, is the 
source and fountain of all power within the realm.” 
The excuse made for vesting this right in the sovereign 
is thus hypothetically given. “Suppose Parliament had 
aright to meet without being called by the King, it is 
impossible to imagine that all the members, and each 
of the Houses, would unanimously agree upon the 
proper time, and place of meeting; and if one half o* 
the members should meet and the other half absent 
themselves, who shall determine which is really the Par¬ 
liament, the part which assembles or that which stays 
away? But the Crown, (continues the author from 
whom we quote,) by preserving to itself, the preroga¬ 
tive of calling Parliaments together,prevents confusion 
and revolutions, which would set every private person 
on the throne, and introduce an anarchy, which would 
neither admit of order or remedy.” 

In 1688, a convention of the preceding Parliament 
assembled in London, which was afterwards recognized 
as a Parliament by the crown. The throne was then 
vacant by the abdication of James II, and the conven¬ 
tion recognized the succession to be in Mary, who with 
her husband, William, Prince of Orange, succeeded to 










204 


THE NEW CONSTITUTION. 


the throne. Had this convention met while power was , 
still in the hands of the late King, without first being 
called together by the King’s writ, the members would, 
under the law, have been guilty of high treason! 

The King is independent of Parliament—the Parlia¬ 
ment is dependant on the King, first for its existence, 
and second, for the laws it may pass. The theory of 
the law is, that the Kiug can constitutionally do no 
wrong, and Parliament has not even the power to cen¬ 
sure him, for, says Blackstone, “it would destroy his 
constitutional independence, render him inferior to his 
Parliament, and destroy his supremacy entirely.” The 
Ministers of the King, are, however, held responsible 
to Parliament, for the evil counsel they give the King. 
If the King doth wrong, his Ministers are accountable, 
and they can be censured, their conduct inquired into, 
and themselves p unished, by Parliament. 

The King has not only the veto power, but he is a 
law maker. When Parliament as it now exists, with a 
House of Commons, was first established, the style of 
the enactments was—“Be it enacted by the King,” or 
“our Sovereign lord the king hath ordained by the ad¬ 
vice of the lords, and the humble petition of the com¬ 
mons.” The Lords had then the right to advise, but 
the Commons had only the right to petition the King, 
the privilege of enacting laws, being wholly in the per¬ 
son of the Sovereign. The Sovereign no longer exer¬ 
cises the prerogative of making laws, without the con¬ 
sent of Parliament, yet the power to do so has never 
been surrendered, for, says Stephen, in his work on 
the British Constitution, the Sovereign, and “he alone 
can make an act of Parliament to be a law; not by way 
of a negative voice, for all the negatives in the world 
will never make a positive. A negative is only the 
saying this shall not be a law. But the King’s saying, 
this act shall be a law, and putting his name to it, makes 
it law. It is the King alone who can say, ‘Le roy le 
veut ,’—the King wills this to be a law, and this makes 
it a law. The present style of acts of Parliament is, 
“Be it enacted by the King, with the advice of the 
Lords Spiritual and Temporal, and Commons, and by 
the authority of the same.” Here the power of enact¬ 
ing rests wholly with the King, the power of advising 
is with the three estates; to advise and consent is one 
thing, to enact is another; ‘by authority of the same,’ 
is the King’s authority, who enacts, and that of the lords 
and commons who advise.” 

The Parliament of William and Mary, which enact¬ 
ed the “Bill of Rights,” taking advantage of the times, 
and of the gratitude of the sovereign, on whom they 
had conferred power, by declaring the succession in 
them; repealed many statutes conflicting with the 
rights cf the people, to which the Sovereign assented, 
but they left untouched all laws declaring the suprem¬ 
acy of the crown, and among others, one enacted in 
the reign of Charles II, which declared “that by the 
undoubted and fundamental laws of this Kingdom, nei¬ 
ther the peers of this realm, nor the Commons, nor 


] both together, in Parliament, or out of Parliament, nor 
' the people collectively or representatively, nor any oth¬ 
er person weatsoever, ever had, have, or ought to have 
any coercive powers over the persons of the Kings of 
this realm,” and another, enacted during the reign of 
the same monarch,—which makes it praemunire, ei¬ 
ther by speaking, writing, printing, preaching, or other 
to declare or affirm, that both houses of Parliament, or 
either house of Parliament, have, or hath a Legislative 
power without the King,” and it also declares the pow¬ 
er of making war to be wholly in the King, “ and that 
both or either of the houses of Parliament cannot, nor 
ought to pretend to the same, nor can, nor lawfully 
may raise or levy any war, offensive or defensive, 
against his majesty, his heirs or lawful successors, and 
yet the contrary thereof hath of late years [during the 
time of the first Charles who was beheaded, and of 
Cromwell] been practised, almost to the ruin and des¬ 
truction of this kingdom proceeding from the wilful 
mistakes of the supreme and lawful authority.” 

“ Praemunire, ” the crime committed by persons who 
wrote printed or preached the doctrine that Parlia¬ 
ment possessed “Legislative power without the King,” 
is a species of offence more immediately affecting the 
King and his government, d iffering from Treason in the 
fact that it is not punishable by death. From the mo¬ 
ment of conviction of this offence, he is (according to 
Sir Edward Coke,) “out of the Kings protection, and 
his lands and tenements, goods and chattels, forfeited 
to the King, and his body shall remain in prison at the 
Kings pleasure, or during life.” 

When the King wishes to rid himself of a Parliament, 
he dissolves it, and orders a new election. If such be 
the Kings will, Parliament continues to sit out the 
time for which its members were elected, viz., seven 
years. Immediately alter the death of the Sovereign, 
Parliament, if not in session, is bound to meet, and its 
members take the oath of allegiance to the new Sov¬ 
ereign, and unless sooner dissolved or prorogued, at the 
end of six months, the Parliament then becomes dis¬ 
solved by law and a new election for members is had. 

When a new Parliament meets, it is opened in per¬ 
son by the Sovereign, or his proxy, in the House of 
Lords. W r hen opened by the King in person, twenty- 
one guns announce his arrival at the House of Peers, 
which salute is repeated when the King retires. In a 
room appropriated for this purpose, (for the movements 
of Majesty are carefully noted in history) we are in¬ 
formed that the King puts on his crown and robes, and 
is then conducted to the House of Lords, and seated 
upon the throne. He then, by an officer summons the 
Commons to appear before him. The officer, (called a 
gentleman usher of the black rod) charged with this 
duty, knocks at the door of the House of Commons, 
which is immediately opened by the sergeant-at-arms. 
The usher then advancing says “Gentlemen of the 
House of Commons, the King commands this honor¬ 
able house to attend him immediately in the house of 
peers,”—the usher then retiring backwards, withdraws 






THE NEW CONSTITUTION. 


205 


The house of Commons, of course obey the summons, 
and are then commanded in the Kings name to choose 
a speaker. The Commons then retire. After the 
Speaker is chosen, his name on a subsequent day is 
presented to the King, and if he approve of the choice, 
the new Speaker, thus chosen then petitions the King 
that during their sitting, the Commons may have free 
access to his Majesty, freedom of speech in their own 
house and freedom from arrest. The King then reads 
his speech, in the House of Lords, the House of Com¬ 
mons being presumed to be present, and the solemn 
farce of opening Parliament is ended. 

When the Kiug wishes to prorogue or dissolve Par¬ 
liament, he goes to the House of Lords, sends for the 
House of Commons, makes a set speech and declare 
Parliament, if he wishes to prorogue it, adjourned until 
a certain day,—or if he wishes to rid himself of it, he 
declares the Parliament dissolved, and a new election 
fcr members is ordered. 

Such is the origin—such the power and the practice 
of the British Parliament. Its study is of interest to 
our readers, from the fact that it is from this Parliament 
that our Revolutionary Fathers drew their idea of a 
Congress consisting of a Sonate and Plouse of Repre¬ 
sentatives. They wisely avoided many of the follies 
of the Parliament from which they patterned, retain¬ 
ing that which was good, rejecting most of that which 
was evil or foolish. 

The British Parliamenthas ever been noted for its cor¬ 
ruption. Their members are not paid for their services 
and their only hope of reward is in office or pension 
from the Ministry. 

Thousands and tens of thousands of men areonow 
banded together, under the name of Chartists, seeking 
such a change as will give increased liberty to the mas¬ 
ses, and purge the body of its corruption and make it 
more independent of the crown. Liberty will be a 
gainer by their success. 

Constitutional Reform in Michigan. 

In addition to the law requiring the people of Mich¬ 
igan to vote for or against the proposition to call a con¬ 
vention to revise the Constitution of that State, the 
Legislature at its last session, passed a joint resolution 
submitting to the people, at the November election, a 
proposition to amend the Constitution of Michigan, so 
as to make it necessary for the Legislature of 1850, to 
provide for the election, by the people, of Judges of 
the Supreme Court, who shall be ineligible to any but 
a judicial office during the term for which they are 
elected, and for one year thereafter, and also for the 
election by the people of the Auditor General, State 
Treasurer, Secretary of State, Attorney General, Sup’t 
Public Instruction and Prosecuting Attorneys. All 
these officers are now appointed by the governor, sub¬ 
ject to confirmation by the State Senate. 

EF The Torento Glo\>e, a ministerial pa;er, makes 
a furious onslaught on Major General Scott, the text of 
which is his recent letter on the subject of Canada. 


[Written for “The New Constitution.”] 

Mr. Editor: In the 6th number of the New Con¬ 
stitution, I have observed a communication over the 
signature of “Homo,” to which 1 wish to call the at¬ 
tention of yeur readers, before they give their assent to 
the principles or suggestions therein contained. Your 
correspondent “Madison,” in a subsequent number, 
gave it a short notice, but the subject is not yet ex¬ 
hausted. I propose, therefore, giving the article a short 
review, and trust I shall do so without rudeness. 

Without controverting the position that “one great 
cause why our laws, as practiced, are not commensu¬ 
rate with their avowed object, lies in our courts te¬ 
naciously adhering to occult, and hidden rules not war¬ 
ranted by the spirit of our constitution, and in giving 
too much latitude to members of the bar in resorting 
to technicalities to gain their points irrespective of 
justice,’’and that “our system of jurisprudence ought to 
be renovated and so simplified as to prevent the recur¬ 
rence of these evils ” I shall content myself with ob¬ 
jecting to his mode of redress. We surely ought not 
to expect the convention which is to remodel our con¬ 
stitution, to apply the remedy. The most it can or 
ought to do in the matter, will be to provide the people 
with a sufficient number of well constituted courts, 
with their powers and jurisdiction plainly and careful¬ 
ly defined, leaving the laws which they are to admin¬ 
ister, to the legislature, and the rules by which they 
are to be governed to themselves, when if these last be¬ 
come oppressive or subversive of the ends of justice, 
the legislature can apply the remedy. I feel rejoiced 
at the bold spirit of reform that is manifesting itself 
throughout the State, and am convinced the coming 
convention will do all that is necessary to remedy ex¬ 
isting evils—my only fear is that in its anxiety to do 
enough, it will go too far. Over-action must be care¬ 
fully guarded against, and should the suggestions of 
“Homo,” (if I understand them) be followed, I fear 
this will be the result. We no more want the consti¬ 
tution to determine what our courts shall regard as a 
good declaration or plea what shall be deemed good cause 
for ademurrur—in what time parties shall plead,or what 
evidence shall be admitted and what rejected, than we 
wish it todeclare what amount of evidence shall be suffi¬ 
cient to convince a jury of the existence of the facts in 
issue. Suppose it should declare that that rule should be 
adopted, or this forever rejected, and the one should be 
found by experience necessary, or the other inexpedi¬ 
ent. How is the remedy to be obtained? Only by call¬ 
ing a convention, and again resolving the government 
into its original elements—and that too to effect a 
change which might be done by the legislature in twen¬ 
ty-four hours. True, a frequent recurrence to the fun¬ 
damental principles of civil government is declared ab¬ 
solutely necessary to preserve the blessings of liberty. 
Yet it is not every trifle that will warrant us in disturb¬ 
ing the foundations of government; it is only when 
the necessities of the State requires a change or modi¬ 
fication of the fundamental law. To embody then in 
the constitution any uncertain or untried principle, or 
any to which the reason and good sense of the people 
will not readily assent, seems worse than folly. We 
want that instrument distinctly to define the few pow¬ 
ers which the people may surrender to the government 
—to mark the boundaries of the different departments 
with clearness and precision—to provide against their 
encroaching upon each other, and especially upon our 
reserved rights, and leave the details with all else to the 
people. 

“Homo’s” communication, however, is principally 
directed against the power exercised by our Supreme 
Courts, of deciding upon the constitutionality of laws 
passed by the legislature. Whether that power is now 








206 


THE NEW CONSTITUTION. 


ested in them or not, in my humble estimation the 
new constitution ought so to confer it. A check upon 
unconstitutional legislation ought to exist somewhere, 
and where, with more safety , or propriety than 
with that branch of government, composed as it has 
ever been, of men who have devoted their time and tal¬ 
ents, to the acquisition of legal knowledge, and who 
would therefore seem better qualified to determine ques¬ 
tions of such grave import, involving as they do, the 
lives, liberties and fortunes of our citizens; than the 
legislature, which, in addition to its being asked to stul¬ 
tify itself, is sometimes composed in part of men, who, 
to say the least, are not very sound constitutional ex¬ 
pounders. The very example he lias given of a man 
voting for a law as a legislator, which afterwards as a 
judge he declared unconstitutional, will serve to show 
with what recklessness laws are sometimespassed—how 
far above party ties the judiciary are placed, and how 
far above the mere legislator men placed the judge.— 
The constitution will doubtless provide against the 
passing of ex post facto laws, and laws impairing the 
validity of contracts. Suppose, notwithstanding this 
plain prohibition, the legislature should see fit to pass 
such laws, (and there is nothing to prevent it if it has 
the will.) Where is your remedy? The courts dare 
not disregard the act of the legislature or “Homo” 
W'ould impeach them. Shall we wait until that august 
body convenes again? We might be ruined in fortune 
or lose life or liberty three times over before they 
could take the matter in hand—and especially so should 
we have biennial or triennial sessions. Innumerable 
cases might be cited in which the necessity of this pow¬ 
er seems absolute. The constitution I hope, will pro¬ 
vide against the creation of corporations with special 
privileges, but if there be no power to declare them 
unconstitutional, save that body which deliberately 
created them, in violation of that sacred instrument, 
what does the prohibition amount to? Why have a 
constitution at all, if the legislature is unrestrained 
and may violate its plainest provisions with impunity? 
One unconstitutional law would be cited as a precedent 
for another, and act would follow act until that which 
was framed by the wisdom of the convention to se¬ 
cure our liberties, would become worthless as so much 
waste paper. We have a melancholy instance of this 
in the history of our general government. No sooner 
was the constitution set aside to make room for a na¬ 
tional bank, than it was made the signal for other at¬ 
tempts upon that instrument; bill after bill was passed, 
or attempted, in violation of its plainest provisions, and 
all, even to the recent attempt to saddle upon it that 
suicidal humbug, the Wilmot proviso, claim a prece¬ 
dent, or to come in under the liberal (?) construction it 
then received. Even the judiciary caught the infec¬ 
tion, and had it not beeii for the determined patriotism 
of the executive, armed with that much abused veto 
power,God knows what would have been the condition 
of the country. 

‘But’ says “Homo,” ‘it is raising the stream higher 
than the fountain head.’ That is true, as the power is 
now exercised, and is an unanswerable argument in fa¬ 
vor of an elective judiciary, but is no reason why they 
should not exercise the power by the new constitution; 
when they will be responsible to the people for their 
conduct and be entirely independent of the legislature. 
Give them this power—make them elective by the peo¬ 
ple, and then indeed will we have an independent ju¬ 
diciary. But withhold it, and let the legislature con¬ 
tinue to appoint them, and you make our judges mere 


such laws as the legislature may enact, without asking 
impertinent questions, then indeed there is but one 
power in the State. 

Again, if a judge believes a law unconstitutional, 
“Homo” says, let him resign. (That one may be ap¬ 
pointed who would administer it at all events?) and 
cites Blackstone as authority, but unfortunately the 
English have no written constitution to square their 
laws by, and that same Blackstone tells us that an act 
of parliament is the supreme law of the land, ivhich 
nothing can control, and therefore advises ali judges, who 
believe a law so unjust that they cannot administer it 
conscientiously, to resign rather than do what they 
know to be wrong. 

I would now respectfully ask “Homo” what remedy 
the people have, when they petition for the repeal or 
amendment of an unconstitutional law, if the legisla¬ 
ture should refuse to grant their prayer? And wheth¬ 
er his answer will not apply with equal effect to the 
case he puts of ignorant or corrupt judges refusing to 
administer laws which are clearly constitutional ? 

VETO. 


Tiie Cosistitutiosss of the different 
States: 

We conclude in the present No. the synopsis of the 
Constitutions of the several states, commenced in the 
11 th number of our publication: 

Ohio. 

The constitution of this state was formed at Chilli- 
cothe, in 1802. 

The legislative power is vested in a senate and house 
of representatives, which together are styled the Gener¬ 
al Assembly of the State of Ohio. 

The representatives are elected annually on the sec¬ 
ond Tuesday in October; and they are apportioned 
among the counties according to the number of white 
male inhabitants above twenty-one years of age.—- 
Their number can not be less than thirty-six, nor more 
than seventy-two. 

The senators are chosen biennially, and are appor¬ 
tioned according to the number of white male inhabit¬ 
ants of twenty-one years of age. Their number can 
not be less than one third, nor more than one half of 
the number of representatives. 

The executive power is vested in a governor, who is 
elected by the people for two years on the second Tues¬ 
day in October ; and his term of service commences on 
the first Monday in December. 

The general assembly meets annually, at Columbus, 
on the first Monday in December. 

The right of suffrage is granted to all white male 
inhabitants above the age of twenty-one years, who 
have resided in the state one year next preceding the 
election, and who have paid, or are charged with, a 
state or county tax. 

The judicial power is vested in a supreme court, in 
courts of common pleas for each county, and such oth¬ 
er courts as the legislature may from time to time es¬ 
tablish. The judges are elected by a joint ballot of 
both houses of the general assembly, for the term of 
seven years. 

Indiana. 

The executive power is vested in a governor, who is 
elected by the people, for a term of three years, and 
may be once re-elected. At every election of govern- 
tools in their hands—puppets who dance to any tune i or, a lieutenant-governor is also chosen, who is presi- 
their masters play, whether it be the spirit stirring ■ dent of the senate, and on whom, in case of the death, 
“Yankee Doodle,” or the more stately and impressive resignation, or removal of the governor, the powers 
“God save the King.” If it be the only duty of the j and duty of governor devolve. 

executive to enforce, and the judiciary to administer' The legislative authority is vested in a General As- 








TIIE NEW CONSTITUTION. 


207 


sembly, consisting of a senate, the members of which 
are elected for three years, and a house of representa¬ 
tives, elected annually. 

The number of representatives can never be less than 
thirty-six, nor more than one hundred ; and they are 
apportioned among the several counties according to 
the number of white male inhabitants above twenty- 
one years of age. The number of senators, who are 
apportioned in l>ke manner, can not be less than one 
third, nor more than one half, of the number of repre¬ 
sentatives. 


of the whole number, as nearly as may be, being cho¬ 
sen annually. The representatives are elected by the 
people, by counties, annually, and their number can 
not be less than forty-eight, nor more than one hun¬ 
dred ; the senators at all times are to be equal, as near¬ 
ly as may be, to one third of the number of the house 
of representatives. The present number of senators is 
eighteen ; of representatives, fifty-three. 

The annual election is held on the first Monday in 
November, and the following day, and the legislature 
meets at Detroit, until the year 1647, when it shall be 


The representatives and one third of the members of | permanently located by the legislature, 
the senate are elected annually, on the first Monday in I The supreme executive power is vested in a govern- 


August ; and the Governor is chosen on the same day, 
every third year. 

The general assembly meets annually, at Indianap¬ 
olis, on the first Monday in December. 

The right of suffrage is granted to all male citizens 
of the age of twenty-one years or upward, who may 
have resided in the state one year immediately preced¬ 
ing an election. 

The judiciary power is vested in one supreme court, 
in circuit courts, and in such other inferior courts as 
the general assembly may establish. The supreme 
court consists of three judges ; and each of the circuit 
courts consists of a president and two associate judges. 
The judges are all appointed for the term of seven 
vears. The judges of the supreme court are appointed 
by the governor, with the consent of the senate ; the 
presidents of the circuit courts, by the legislature ; and 
the associate judges are elected by the people. 

Illinois. 

The legislative authority is vested in a General As¬ 
sembly, consisting of a senate, the members of which 
are elected for four years, and of a house of represen 
tatives, elected biennially. 

“The number of representatives shall not be less than 
twenty-seven, nor more than thirty-six, until the num¬ 
ber of inhabitants within the state shall amount to one 
hundred thousand ; and the number of senators shall 
never be less than one third nor more than one half of 
the number of representatives.” 

The executive power is vested in a governor, who is 
elected by the people for four years ; and he is not eli¬ 
gible for more than four years in any term of eight 
years. At the election of governor, a lieutenant-gov¬ 
ernor is also chosen, who is speaker of the senate ; and 
on whom, in case the governor vacates his office, the 
duties of governor devolve. 

The representatives and one half of the senators are 
elected biennially, on the first Monday in August; and 
the governor is chosen every fourth year, at the same 
time. 

The general assembly meets every other year, at 
Springfield, on the first Monday in the December next 
following the election ; and the governor is authorized 
to convene it, on extraordinary occasions, at other 
times. 

All white male inhabitants above the ago of twenty- 
one years, having resided in the state six months next 
preceding an election, have the rights of electors. 

The judicial power is vested in a supreme court and 
in such inferior courts as the general assembly may es¬ 
tablish. The judges are appointed by joint ballot of 
both branches of the general assembly, and hold their 
offices during good behavior. 

Michigan. 

The constitution of Michigan was formed by a con¬ 
vention of delegates at Detroit, in May, 1835, and rati¬ 
fied by the people in October following. 

The legislative power is vested in a senate and house 
of representatives. The senators are elected by the 
people, by districts, for a term of two years, one half 


or, elected by the people, who holds his office for two 
years, and a lieutenant-governor, who is chosen at the 
same time, in the same manner, and for the same term 
as the governor. The lieutenant-governor is president 
of the senate. 


The judicial power is vested in a supreme court, con¬ 
sisting of a chief-justice and three associate justices ; 
in a court of chancery, held by a chancellor, at five dif¬ 
ferent parts of thestate within the year, the state being 
divided into five chancery circuits; in circuit, courts, 
there being four judicial circuits, in each of which one 
of the judges of the supreme court sits as presiding 
judge (in each county one or two terms of the circuit 
court are held annually) ; also in county courts, and in 
such other courts as the legislature may, from time to 
time establish. The judges of the supreme court are 
appointed by the governor and senate for the term of 
seven years. Judges of all county courts, associate 
judges of circuit courts, and judges of probate, are 
elected by the people for the term of four years. Each 
township is authorized to elect four justices of the 
peace, who hold their offices for four years. 

In all elections, every white male above the age of 
twenty-one years, having resided in thestate six months 
next preceding any election, is entitled to vote at such 
election. All votes are given by ballot, except for such 
township officers as may by law be directed to be oth¬ 
erwise chosen. 

Slavery, lotteries, and the sale of lottery tickets, are 
prohibited. 

Missouri. 

The constitution of this state was formed by a con¬ 
vention, at St. Louis, in June, 1820 ; and in January, 
1846, a new constitution was formed by a convention 


at Jefferson, which was submitted to the people, and 
accepted, on the first of August, and went into effect in 
the month of November following. 

By this new constitution, the legislative power is 
vested in a senate and house of representatives, to be 
styled together the General Assemblij ; and the mem¬ 
bers of both bodies are to be elected from single dis¬ 
tricts (that is, each member to have his distinct con¬ 
stituency.) 

The senate is to consist of not less than twenty-five 
nor more than thirty-three members, and the senators 
are to be elected by the people for four years, the seats 
of one half being vacated every second year. 

The representatives are chosen every second year, 
and the whole number is limited to one hundred. The 
elections are held biennially, on the first Monday in 
August. The legislature meets every second year, at 
the city of Jefferson, on the first Monday in Nov¬ 
ember. 

The executive power is vested in a governor, who i 3 
elected for four years, and he is ineligible for the next 

four years after the expiration of his term of office._ 

At the time of the election of governor, a lieutenant- 
governor is also chosen, who is, by virtue of his office 
president of the senate. 

The judicial power, as to matters of law and equity, 











208 


THE NEW CONSTITUTION. 


is vested in a supreme court, circuit courts, county 
courts, justices of the peace, and such other tribunals 
inferior to the circuit courts, as the general assembly 
may establish. 

The supreme court has appellate jurisdiction only, 
except in cases otherwise directed by the constitution ; 
it consists of three judges, appointed by the governor 
and senate for the term of twelve years. The state is 
to be divided into ten circuits, for each of which a cir¬ 
cuit judge is to be chosen by the qualified electors 
thereof, for the term of six years. The supreme court 
and circuit courts are to exercise chancery jurisdic 
tion. 

No corporate body shall hereafter be created for the 
purpose of issuing paper to circulate as money. No 
state debt shall be created by the general assembly, ex¬ 
ceeding in amount twenty-five thousand dollars, ex¬ 
cept in cases of war, insurrection, cr invasion, without 
an appeal to the direct vote of the people on the sub¬ 
ject. All bank-notes, except those of the bank of the 
state of Missouri, are to be prohibited from circulation 
by law. Lotteries, and the selling of lottery-tickets, 
are prohibited. 

The right of suffrage is granted to every white male 
citizen, who has attained the age of twenty-one years, 
and has resided in the state one year before an election, 
three months thereof being in the county or district in 
which he offers his vote. 

Texas. 

The constitution of the state of Texas was adopted 
by a convention of delegates at the city of Austin on 
the 4th of July, 1845, and was approved by the people 
on the 13th of October following. 

The legislative power is vested in a senate and house 
of representatives, styled together the Legislature of the 
State of Texas. The style of laws is, “Be it enacted by 
the legislature of the state of Texas.” 

The senators are elected by the people, by districts, , 
for the term of four years, one half being chosen bien¬ 
nially : their number is not to be less than nineteen, 
nor more than thirty-one. The representatives are 
elected for two years, by the people, by counties, ap¬ 
portioned according to their free population ; the num¬ 
ber is not to be less than forty-five nor more than 
ninety- 

Elections by the people are to be held in the several 
counties, cities, or towns, at such times as may be de¬ 
signated by law. The sessions of the legislature are to 
be held at the city of Austin, at such times as may be 
prescribed by law, until the year 1850, when the seat of 
government shall be permanently located by the votes 
of the people. 

The executive power is vested in a governor, elected 
by the people, at the time and places of elections for 
members of the legislature ; he holds his office for the 
term of two years, but is not eligible for more than four 
years in any term of six years. At the same time, a 
lieutenant-governor is chosen for the same term, who 
is president of the senate, and succeeds the governor 
in case of death, resignation, removal from office, ina¬ 
bility, refusal to serve, impeachment, or absence from 
the state, of the latter. 

The judicial power is vested in a supreme court of 
three judges, in district courts, and in such inferior 
courts as the legislature may, from time to time, estab¬ 
lish. The judges of the supreme and district courts are 
appointed by the governor, with the advice and consent 
of two thirds of the senate ; and the judges hold their 
offices for six years. 

The right of suffrage is granted to every free male 
person over the age of twenty-one years (Indians not 
taxed, Africans, and descendants of Africans, except¬ 
ed), who shall have attained the age of twenty-one 


years, and who shall be a citizen of the United States, 
or who was, at the adoption of this constitution by the 
Congress of the United States, a citizen of the repub¬ 
lic of Texas, and shall have resided in this state one 
year next preceding an election, and the last six months 
within the district, city, or town, in which he offers to 
vote ; provided that soldiers and seamen or marines of 
the army or navy of the United States, shall not be 
entitled to vote at any election created by this consti¬ 
tution. 

The legislature shall have no power to pass laws for 
the emancipation of slaves, without the consent of 
their owners. No banking or discounting company 
shall hereafter be created, renewed, or extended. No 
person shall be imprisoned for debt. 

Liberty. —The proof that liberty is the divine ideal 
of man is, that she is th e first dream of youth, and that 
she does not fade from our soul, until our heart is with¬ 
ered, and our mind either debased or discouraged .— 
There is not a soul twenty years old, that is not republi¬ 
can. There is not a decayed heart that is not servile .— 
Lamartine. 


Criminal Box.—One of the new features introduced 
into the Criminal Court by Judge Hart, is the abolish¬ 
ing the criminal box. We suppose the Judge has for 
his reasons in adopting such a course, the humanity to 
believe that every man is innocent until he is proved 
guilty. For a man to be perched up so conspicuously 
before the whole court and the spectators, when he is 
conscious of his innocence of the crime for which he is 
arraigned, must be punishment indeed. To be placed 
in a criminal box, would make the innocent man’s 
eheek^blush so with shame that it would be mistaken 
at once for guilt, and the impression might even bias 
the Jury. This is a feature that doos honor to the 
heart and feelings of the Judge, and it is an example 
that ought to be imitated everywhere.— Cincinnati En- 
quirer. 

Anticipated Trouble in California, See. 

Boston, July 24, 1849. 

Editor Ohio Statesman: 

By an arrival in this city, we have later and impor¬ 
tant intelligence from California. Letters from San 
Francisco, under date of May 19th, state that that place 
is full of people, and so crowded is it, that it is no un¬ 
common thing for ten persons to occupy one small 
apartment. 

At the mines, matters are quiet for the present. Great 
fears are entertained of serious disturbances between 
our countrymen and the Mexicans,as some six thous¬ 
and of the latter have lately arrived, and evince a most 
turbulent and overbearing spirit. Should any thing se¬ 
rious occur, the Mexicans will be shot'down to a man. 

Six men in 20 days procured sixty thousand dollars 
worth of gold dust at the placers near Feather river. 

O’Back No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 

THE NEW CONSTT'rUTrON. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ *• « 10 00 

O’ All Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

O* Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 











THE NEW CONSTITUTION. 



“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Vol. I. 

Columbus, Ohio, Saturday, August 4, 1849 

No. 14. 


Postage.— The postage on this work is the same as Mr. Penuington’S Report against tS»e 
on a newspaper. Sew Constitution. 


[CF The article in the present No., on Germany, and 
the efforts of her people to right the wrongs under 
which they labor, as well as the article on Hungary, 
and the struggles of her brave people against their op¬ 
pressors, will be read with interest by all our readers. 

J3=*“ Americanus” in our paper of this week, has an 
article on the “Position of America,” which will be 
found worthy of attention. The rapid strides of our 
Republic in greatness and power, is a theme upon 
which authors can write without danger of exhausting 
t he subject. While other nations have been retrograd¬ 
ing, or at best standing still, ours has swept onward to 
power and greatness, at a rate that astonishes the anti* 
innovators of the old world. Her destiny is not yet 
completed. Onward, still onward is her march! To 
accelerate her speed, she should not be crippled by con¬ 
stitutions which deprive man of his just rights, and 
which are not in consonance with the progressive spir¬ 
it of the age in which we live. 

The Pardoning Power. 

The Legislature of Virginia, in the special session 
called to revise the code, have, in the House, of Dele¬ 
gates, so modified the power of the Governor to grant 
a pardon, that he is prohibited from so doing on the 
ground that the sentence is contrary to law or contrary 
to evidence; buthe may pardon if thecriminal be recom¬ 
mended to mercy by the jury or court, or if new facts 
are disclosed after the trial, and he may always reprieve 
until the next session of the Legislature. 

Federal Constitution. 

The following, exhibits at one view, the order and 
time in which the several States ratified the feder.I 


Constitution: 

Delaware, 

Pennsylvania, 

New Jersey, 

Georgia, 

Connecticut, 

Massachusetts. 

Maryland, 


Virginia, 

New York, 
North Carolin 
Rhode Island, 
Vermont, 


Dec. 

3, 

1787, 

unanimously. 


Dec. 

13, 

1787, 

46 to 

23, 

23 

maj, 

Dec. 

19, 

1787, 

unanimously. 


Jan. 

2, 

1788, 


C< 

88 


Jan. 

9, 

1788, 

128 to 

40, 

maj 

Feb. 

6, 

1788,: 

287 to 

268, 

19 

maj 

April 

28, 

1788, 

63 to 

12, 

51 

maj 

May 

23, 

1788, 

149 to 

73, 

76 

maj. 

, June 

21, 

1788, 

57 to 

46, 

11 

maj. 

June 

25, 

1788, 

89 to 

79, 

10 

maj. 

July 

25, 

1788, 

43 to 

25, 

5 

maj 

Nov. 

27, 

1788, 

193 to 

75, 

118 

maj 

May 

29, 

1790 



2 

maj 

Jan. 

10, 

1791, 

by a great 

majority 


The design of our work is to advocate the calling of 
a Convention to remodel the State Constitution. For 
this object it was started, and yet, in the outset, we 
frankly invited those holding opinions different from 
those held by the Constitutional Reformers of Ohio, to 
give to the public, through the columns of “The New 
Constitution,” their reasons for opposing the change. 
This they have not thought proper to do. 

Some of our correspondents, it is true,have broached, 
doctrines to which we could not give our assent, and in 
some of the selected articles, the same fact is no doubt 
apparent to our readers, for we are willing to give all 
sides a fair hearing. 

Anxious to embody in our work the arguments of 
those who believe a change of the fundamental law of 
the slate unnecessary, we publish to-day the argument 
of Mr. Pennington, of Belmont county, embodied in a 
report to the last Legislature against the bill providing 
far submitting to the people the question whether a 
Convention should be called or not. 

“Give Ajax light,” exclaimed the ancient hero, “and 
Ajax asks no more.” Give the people but light on 
this subject, and they will vote understandiugly on_the 
matter. A change of the fundamental law of the state 
is one upon which men of equally sound minds and 
honest intentions differ, and in no way can those 
who seek the Reform which we advocate, so effectually 
convince doubters, as by giving them the arguments of 
leading spirits who oppose the change. They have no 
paper advocating their sentiments, and hence the great¬ 
er necessity that their opinions should not be withheld 
in a periodical which had its origin in the hope of aid¬ 
ing a reform, which we deem for the best interest of 
the State and its two millions of inhabitants. 

The report acknowledges evils in the constitution ; 
but, says the writer, “ because there are some evils in 
the form of the existing government, does by no 
means justify a change.” As a general rule, this is. 
true ; but when there are errors so known, so ac¬ 
knowledged, which can be easily eradicated, the argu-* 
ment holds not good. “ The lessons of history inform 
us,” continues the writer, “ that frequent changes, ia 
the constitution or policy of governments is baneful 
to the welfare of the people and the success of Repub¬ 
lican liberty.” While it is true that change is not al¬ 
ways reform, yet experience, which is worth all the 



























210 


THE NEW CONSTITUTION. 


theory in the world, unless that theory be sustained 
by argument, has shown us that every change made 
within the last half century in the constitutions of the 
various States, has resulted in giving enlarged liberty 
to the masses, and has added strength to the States, 
by bringing them nearer to the true principles of re¬ 
publican government. 

The present constitution is an imperfect work—made 
by men representing nine counties, containing a pop¬ 
ulation of less thon 100,000 souls. It was hurried 
through in hot haste, and was never submitted to the 
people to say whether the constitution was a good one 
or not. With a spare population, it answered the pur¬ 
poses well enough. The change in favor of popular 
liberty from that of the Ordinance of 1787, which then 
governed the territory, was very great ; and the peo¬ 
ple of Ohio, ever opposed to change, until change is 
absolutely necessary, submitted in silence. Gov. 
Worthington, who took a prominent partin the con¬ 
vention which framed the State Constitution, within a 
very few years after it was in operation, saw its evils, 
and predicted their increase; and after the labored eulo¬ 
gy on the men who formed the State Constitution, to 
be found in Mr. Pennington’s report, it will strike the 
reader with some surprise, if not create a smile on his 
lips, when told that Gov. Worthington, who did more 
than any other man to secure to the State a constitution, 
and who assisted in framing it, was the very first man 
of whom history gives any account, who advocated a 
change of its provisions, and that, too, on the ground 
that they were unsuited to the heavy population which 
Ohio had thirty years ago. 

The author of the report mistakes the question 
widely when he says “ that the main and princi¬ 
pal reason urged for a new constitution is, that the ad¬ 
ministration of public justice demands a change in our 
judicial system.” There are other questions of equal, 
nay, of greater moment, urged by the advocates of con¬ 
stitutional reform, among which, in brief, may be 
noted, the election of all officers by the people— 
taking from the Legislature the power to increase the 
state debt, without a vote of the people being first ob¬ 
tained, and curtailing the legislative sessions, either by 
constitutional prohibition of holding sessions of longer 
than a certain specified time, or by the body being pro¬ 
hibited from meeting oftener than once in two years, 
unless called together by the Governor in extraordi¬ 
nary session. Either of these reforms are deemed by 
their advocates of as great moment as judicial reform, 
even though the present system amounts almost to a 
denial of justice. 

For Judicial Reform, the Report proposes to divide 
the state into two districts, so that the Supreme Court 
could hold its session in different counties at the same 
time. If the Judges possessed the bodily strength to 
accomplish the work, and if, day after day, week af¬ 
ter week, and month after month, they could undergo 
the fatigue of holding courts by day, and of travelling 


and studying at night, the plan might answer, but as it 
requires two Judges to hold a Court, the sickness of one 
(there being no one to supply his place) might prevent 
a session of the Court from being held in a single 
county in the circuit on which the Judge was assigned 
duty. As it now is, if a Judge gets sick, another can 
take his place;—under the system proposed by Mr. 
Pennington this could not be done. 

Another panacea for the cure of the evils under 
which we labor, is to return good men to the Legisla¬ 
ture. If all men were good there would be no necessi¬ 
ty of laws—if all men were wise, and thought alike, 
we could probably get along without either laws or con¬ 
stitution, but as this is not the fact, and never will be, 
we need both. As long as the Legislative halls show 
scenes of scrambling for office—as long as men seek 
the station, for the political influence it gives them, 
rather than to excel as law makers, the present state of 
things will continue. Constitutional Reform will 
abate the nuisance and then Legislators will have little 
or no inducement to consume time in matters foreign 
to legislation. 

The report fears that party would creep into the 
Convention called to remodel the Constitution, and its 
author invokes “God to save us, not only the disgrace, 
but the destruction which would follow to the best and 
most important interests of our state from the adoption 
of a Constitution which was the work of party.”— 
He who knows not that the present Constitution was 
the work of a party, at a time of high party excite¬ 
ment—that for party ends, as was charged by the mi¬ 
nority, it was hurried through and forced upon the 
people, without ever having been submitted to them to 
say the work was well or ill done, has read the history 
of the state to but little purpose. 

No better time than the present could be had for the 
meeting of the Convention. The Presidential cam¬ 
paign is past and the people of Ohio will decide the 
question of calling a Convention, and it will meet and 
a new Constitution will be formed before the parties 
are again marshalled to the contest under national is¬ 
sues. When the Constitution is formed, it will be sub¬ 
mitted to the people for them to decide whether it suits 
them or not. If after a full examination of the subject, 
they prefer the new Constitution todhe old one, they 
will adopt, if not they will reject it. Certainly there 
can be no great hazard in this—for they, who are ulti¬ 
mately to decide this question,are honest and are capa¬ 
ble of judging—they are the men, who in a republican 
government, hold sovereign power, and under the con¬ 
stitution are acknowledged to possess, the “natural, in¬ 
herent and unalienable right” to “alter, reform or abol¬ 
ish their government, whenever they may deem it ne¬ 
cessary,” and this power is acknowledged because, 
government is “founded on their sole authority, and or- 
[ ganized for the great purpose of protecting their rights 
I and liberties and securing their independence.” The 
fears then of the people, shadowed forth in the Report 




THE NEW CONSTITUTION. 


211 


are HI founded. They now possess unlimited power’ 
yet they have never abused it—they possess the power 
to tear down the government, yet they have never at¬ 
tempted it, but on the contrary they have shewn them¬ 
selves eminently conservative, and are willing tob ear 
the evils of government, as long as they are sufferable. 
They find the present Constitution unsuited to their 
wants, and they will vote to call a Convention to re¬ 
model it, so as to curtail the power of the Legislature, 
and strengthen that in the hands of the people. 

The Union, Dear to every Patriotic Heart. —The 
following extract was found in the writing of James 
Madison, which have been published since his death : 

“Advice to my Country. —As this advice, if it ever 
see the light, will not do it till I am no more, it may 
be considered as issuing from the tomb, where truth 
alone can be respected and the happiness of man alone 
can be consulted. It will be entitled, therefore, to 
whatever weight can be derived from good intentions, 
and from the experience of one who has served his 
country in various stations through a period of forty 
years, who espoused in his youth and adhered through 
life to the cause of its liberty, and who has borne a part 
in most of the great transactions which will constitute 
epochs of its destiny. The advice nearest to my heart 
and deepest in my convictions is that the Union of the 
States be cherished and perpetuated. Let the avowed 
enemy to it be regarded as Pandora with her box open¬ 
ed, and the disguised ones the serpent creeping with 
his deadly wiles into paradise.” 

MICIIIGAN. 

JOINT RESOLUTIONS recommending a revision of 

the Constitution of the State of Michigan. 

Whereas, In the opinion of this legislature, the time 
has arrived when a general revision of the Constitutiou 
of the State of Michigan is necessary for the well-be¬ 
ing and better government of the inhabitants of the 
state ; and 

Whereas, By the second section of article thirteen of 
the said constitution, it is made the duty of the senate 
and house of representatives in such case, to recom¬ 
mend to the electors, at the next election for members 
of the legislature, to vote for or against a convention, 
to be called for the purposeof revising said instrument; 
therefore 

Resolved, By the Senate and House of Representa¬ 
tives of the Stale of Michigan, That we do hereby re¬ 
commend to the qualified electors of the State of Mich¬ 
igan, at the next general election for members of the 
legislature, to vote for or against a convention, to be 
called for the purpose of making a general revision of 
the constitution of this state. 

Resolved, That the above recommendation shall be 
submitted to the people at the next general election, 
and those voting in favor of calling a convention shall 
have written or printed on their ballots, the words 
“For a Convention,” and those voting against calling 
such convention shall have written or printed on their 
ballots the words “Against a convention,” which votes 
shall be canvassed and returned in the same manner, as 
near as may be, as required in section twenty-five, 
chapter seven, and sections twelve and thirteen, of 
chapter nine of the revised statutes of eighteen hun¬ 
dred and forty-six ; and the secretary of state shall re¬ 
port the result to the next legislature thereafter. 

Resolved, That the secretary of state shall cause 
these resolutions to be published in the state paper for 
three months in succession next previous to the next 
general election for members of the legislature. 

Approved March 12,1849. 


Mr. Pennington’s Report Against a New Con¬ 
stitution. 

In House of Representatives March 14,1849. 

Mr. Pennington, from the minority of the Select 
Committee to which was referred so much of the Gov¬ 
ernor’s Message as relates to a call of a Convention to 
frame a new Constitution, submitted the following 

REPORT: 

The subject is one of great importance to the people 
of Ohio. The question has been agitated in the legis¬ 
lature for some years, and so far as our information ex¬ 
tends, has thus far principally engaged the attention of 
politicians. We are not aware that a single expression 
of public sentiment has ever found its way by petition 
to this Hall, demanding action upon this subject. In¬ 
stead of this silence on the part of the people, being in¬ 
dicative of their approval of the measure, it is most 
significant of their disapprobation. Look at the great 
questions of the age, moral and political reform, that 
interest and agitate the country ; you find the people 
assembling in their primary meetings, mass conven¬ 
tions, and in a bold and fearless manner, giving free ut¬ 
terance to their thoughts in the way of speeches, reso¬ 
lutions, addresses, petitions, &c. Is it to be presumed 
that the intelligent people of Ohio, would not be awa¬ 
kened to this movement if a real necessity for it ex¬ 
isted ? To come to such a conclusion, would be to 
deny to them, the merit of that proud position which 
they occupy in the moral, social and intellectual world, 
and which fits them for the enjoyment and preservation 
of their rights and liberties. 

It is not a party question, and has therefore never in¬ 
fluenced the election of members to the legislature, 
one way or the other. So far as we are advised, it has 
never been made a question in a single county in the 
State. We know that politicians have been for years 
urging the passage of a bill submitting the question to 
a vote of the people ; but politicians are not always the 
true index of public sentiment ; they as often misrep¬ 
resent as represent the people’s will. Guided and con¬ 
trolled by selfish motives, their principles controlled by 
self interest, it would be a dangerous experiment to 
leave the destinies of a free people in their keeping. 

The Constitution of the State o f Ohio was adopted in 
Convention on the 29th day of November, A. D. 1802. 
It is the work and finish of the early and patriotic pio¬ 
neers of the great west, in the cause of republican lib¬ 
erty- It will be found, by reference to many of its 
provisions, to be an exact copy from the Federal Con¬ 
stitution ; of that constitution that issued from the 
hands of the disinterested patriots of the revolution, 
that has stood the shock of party conflict fer more than 
half a century, and remains unchanged and unshaken, 
amidst all the exciting questions of progress, as a dura¬ 
ble monument of the wisdom that framed, and the 
sound republican opinions of those who adopted it. 

In the progress of time, some evils even in that ven¬ 
erable instrument are made manifest. Yet what Amer¬ 
ican citizen, who ishonestin his attachments to the free 
institutions of our land, would be willing to run the 
hazard of undertaking in these times of angry party 
feeling, and party dishonesty, to abandon the Constitu¬ 
tion of the United States with the hope of making a 
better one—one that would more effectually secure the 
happiness of the people, the union and prosperity of 
the American States ; to try such an experiment would 
to be cut ourselves loose from the sheet anchor of hope 
in the preservation and longer continuance of the 
American Union. 

We are not opposed to change, we are in favor of 
progress , but we are in favor of that change and that 







212 


THE NEW CONSTITUTION. 


progress, which, in its results is most likely to secure 
the blessings of liberty, and establish equal and exact 
justice among all men. 

If we were made sensible that the present Constitu¬ 
tion would likely be made better—that the public voice 
demanded an alteration, we would be the last to inter¬ 
pose an obiection. It is said in the Declaration of In 
dependence, that :—“We hold these truths to be self 
evident, that all men are created equal ; that they are 
endowed by their Creator with certain inalienable 
rights: among which are life, liberty and the pursuit 
of happiness. That to secure these rights, govern¬ 
ments are instituted among men, deriving their powers 
from the consent of the governed—that, whenever any 
form of government becomes destructive of these ends, 
it is the right of the people to alter and abolish it, and 
to institute a new government laying its foundation on 
such principles, and organizing its powers in such form 
as to them shall seem most likely to effect their safety 
and happiness.” 

These are the principles which lay at the foundation 
of all free government ; when they shall cease to be 
obeyed and respected, liberty will have fled from among 
men. The framers of our constitution have looked to 
the security of these great objects, in the provisions 
which they have engrafted upan it. 

The Constitution of our State was laid upon the deep, 
broad foundation of human liberty. Under its benign 
influence and sound conservative principles, we have 
grown prosperous, happy and great—what liberty that 
the citizen is entitled to, that it doesinthe least abridge? 
What right of property or of person that it does not 
extend the most ample protection ? There is not a 
Constitution to be found within the broad limits of the 
American Union, that does more perfectly secure and 
protect the great ends set forth in the Declaration of 
Independence, for which “governments are instituted 
among men.” The experience of forty six years, has 
doubtless detected evils in some of its provisions ; it 
would be strange if it were not so. Because there are 
some evils in the form of the existing government, does 
by no means justify a change. It is the work of man, 
and is, therefore, necessarily imperfect. If Constitu¬ 
tions are to be changed because some men, or set of 
men, are notjustly dealt with in their own opinion in 
all things, continual revolution and change would be 
the sad result. Is it expected that a Convention can 
assemble to frame a new Constitution, that will in its 
deliberations and conclusions meet the expectations of 
all classes of men ? Such an idea is preposterous in 
the extreme. We have much better reason to conclude 
that if a new Constitution was framed by any Con¬ 
vention likely to assemble for that purpose, instead of 
producing satisfaction and calming the agitation, it 
would only become more universal and deep rooted—it 
would not be long before a deep, strong cry would 
come up from every quarter of the State for another 
change. The lessons of history inform us that fre¬ 
quent changes in the Constitution or policy of govern¬ 
ments, is baueful to the welfare of the people and the 
success of republican liberty. 

The main and principal reason urged for a new Con¬ 
stitution is, that the administration of public justice 
demands a change in our judicial system. We readily 
admit that, as present constituted, the people are sub¬ 
ject to some evils and delays in litigation—that a change 
is not only desirable but necessary. It will, we trust, 
be admitted, that if the legislature has power to correct 
these evils, that the argument so far as this objection to 
the present Constitution goes, is disposed of. The pro¬ 
visions of the Constitution that bear upon this ques¬ 
tion, are found in the third article. The 1st section de¬ 
clares “the judicial power of this State, both as to mat¬ 
ters of law and equity, shall be vested in a Supreme 


Court, in Courts of Common Pleas for each County, 
in Justices of the Peace, and in such other Courts as 
the legislature may, from time to time establish.” Four 
Judges constitute the Supreme Court. By the second 
section of the Constitution, the State may be “divided 
into two circuits, within which any two of the Judges 
may hold a Court.” If the burthens of the Supreme 
Court are so great, that the time allotted for their sit¬ 
ting in each county is too limited to enable them to give 
proper investigation to the cases, what objection in 
pursuance of the Constitution, to dividing the State in¬ 
to two districts, and let the court be sitting in each cir¬ 
cuit at the same time. This would give more time, es¬ 
pecially to those counties where the business is so ex¬ 
tensive as to demand it. Courts of Chancery and 
Courts of law, in this State, are separate and distinct 
systems, and have separate and distinct jurisdictions, 
yet are administered by the same Judges. It has al¬ 
ways appeared to us that there never was any real ne¬ 
cessity for these distinctions ; that there should be but 
one form of administering justice in all cases ; that 
there should be, so to speak, but one court, and that 
court should have jurisdiction of every case, and in ev¬ 
ery shape in which it could be presented. But as the 
two systems are distinct in our State, there is an im¬ 
propriety in having them both administered by the 
same Judges. Let the Legislature therefore organize 
a Chancery Court, by dividing the State into as many 
circuits as is required, and elect Judges or Chancellors 
accordingly—giving to the Court such original and ap¬ 
pellate jurisdiction as may be deemed necessary to se¬ 
cure the ends of justice. This done, (no one denies 
but that the legislature have full power) and the great 
burthens now complained of, as resting upon the 
shoulders of the Judges of the Supreme Court would 
be removed. It is said that it is great folly, and some 
say ludicrous, to require the Court to meet in each 
county of the State once a year. We look upon this 
requirement in the Constitution as one of the wise 
things provided for by its framers ; it not only renders 
the administration of justice more speedy, but more 
economical. It is a matter of great consequence to the 
litigant, whohas had the expense of one court, that he 
should not be compelled to travel very far to have his 
case tried in another. If it is proposed to change that 
provision of the Constitution, requiring the Supreme 
Court to be held once each year in every county of the 
State. In behalf of the people’s interests and rights, we 
enter our solemn protestations against any such change. 
No citizen, unless the Court is unable to agree, should 
be required to be put to the expense of going beyond 
the limits of his own county for an adjudication upon 
the merits of his case, when the case admits of an ad¬ 
judication in the county where he resides. 

It is therefore right and proper that the Supreme 
Court should, as they are required to d6, hold their 
Court once a year in each county of the State. It 
seems to us that these suggestions are sufficient to show 
that the legislature can if it will, remove the evils now 
complained of in relation to the investigation and de¬ 
cision of causes by the Supreme Court. If the burthens 
of the Courts of Common Pleas are too onerous, the 
legislature have ample power, as they have frequently 
exercised it,by creating new judicial circuits. In great 
cities like that of Cincinnati, where litigation increases 
as rapidly as the city grows, interminable delay will in¬ 
evitably result from the best system that can be devised. 

A man who gets into a law suit, to be tried in any of 
the great cities of the United States, stands a very fair 
chance of having his executors or administrators wit¬ 
ness its consummation. We venture the opinion that 
there is not a single State in the Union where justice is 
more speedily, more economically, and more certainly 
administered, than in that of our own. Go where you 





213 


THE NEW CONSTITUTION. 


will and complaints will exist ; one party in a suit will 
always be dissatisfied with the result. Such is the fate 
of litigation. Without answering farther the objec¬ 
tion to our judicial system, as present constituted, we 
think we may safely conclude that if the legislature 
will go to work in sober earnest, with an honest desire 
to do good, that all the mischief complained of may 
easily be suppressed and the remedy advanced ; in oth¬ 
er words the fault is not in the Constitution,but for the 
want of proper legislation. 

Another evil greater than all others that inflict our 
judicial system, is the forms of proceeding which are 
adopted and pursued. If the legislature would do what 
they should do, and sooner or later will, abolish the 
whole system of common law pleading, and institute 
instead thereof, a plain and practical manner of pro¬ 
ceeding in all cases, so that without technicality or fic¬ 
tion, a decision may be had directly upon the merits of 
the case, they will do more to facilitate, make econom¬ 
ical and certain the administration of public justice, 
than any alteration or amendment of the constitution 
that could be invented or devised. 

It will be found upon examination, that much of the 
expense and needless delays, and injustice done to par¬ 
ties, result mainly from the existence of the present 
system of procedure. The fault is not in the law, but 
in the forms through which it is administered. 

With the legislature alone rests the responsibility of 
their longer continuance. 

This is the second session that an effort has been 
made to pass a bill, prepared by one of the best legal 
minds of the State, for the building up of a system of 
procedure which will be free from all technicality and 
fiction, and look alone to the bringing of the issue be¬ 
tween the parties to a speedy and direct decision. 

It is a want of proper legislation that has brought up¬ 
on us all the evils which are seriously complained of 
Let the law making power of the State discharge its 
duty—let the people look well to the selection of their 
representatives, and hold them to a strict accountability 
for the manner they fulfil their trust. These rules 
and principles lived up to, we shall soon cease to be in¬ 
flicted with bad laws and bad government. 

Your Committee Imvelistened with great attention to 
many of the reasons which have been urged in favor of 
this movement, and we are unable to see any wise and 
beneficial purpose, looking to the great good of the 
people, that lies in prospect in the event of a change 
of our present Constitution. One class of men want 
a new Constitution for one purpose, some for another; 
one will contend for negro suffrage, another is opposed 
to it ; one is favorable to the principle of corporations 
and bank charters as necessary to the interest and bu¬ 
siness operations of the State, while a formidable num¬ 
ber insists upon the reverse ; and so on, questions are 
raised and objected to without end. In a Convention 
where delegates entertained sentiments so diametrically 
theopposite of each other, could you expect harmony, 
deliberation or conclusion. In the present state of par¬ 
ty excitement, it would be impossible to form a Con¬ 
vention that would not to a great extent be biased by 
party prejudice, and fettered by party trammels. The 
domination of party would be the controlling object, 
party would rule the Convention, party would make 
the Constitution ; and God save us not only the dis¬ 
grace, but the destruction which would follow to the 
best and most important interests of our State from the 
adoption of a Constitution which was the wt>rk of par¬ 
ty. The man who thinks we could get any other has 
not looked far into the realities of the times. 

It is said the Constitution was never submitted to the 
people for their ratification. This very fact is signifi¬ 
cant of its wise provisions and salutary operations.— 
Not a murmur of complaint has ever been heard againstI 


it from the great body of the people ; they have tested 
it by nearly forty-seven years of experience, and their 
silent acquiescence is a most potent voice in its iavor. 
It is the offsping of pure patriotism and sound political 
judgment. 

It enlightened, animated, and made glad the hearts 
of the good men who framed it, and has protected and 
made prosperous the prolific generation that has follow¬ 
ed them. 

That it is the best that could* have been devised, that 
it is free from fault, we do not plead ; neither do we ex¬ 
pect that any one will be so foolish as to contend that 
if a new Constitution was made to-morrow, that errors 
would not be committed, and that objections equally 
plausible might not be urged. 

Again, it is said the Constitution is objectionable be¬ 
cause it is too general in its provisions. Your commit¬ 
tee regard this as its greatest virtue—no wise constitu¬ 
tion will e/er prescribe what are proper and what are 
improper subjects of legislation. It should lay down 
in general terms those essential elementary principles 
of free government, with proper restrictions against 
legislative encroachment. The legislature should be 
left as much as possible with absolute power in its own 
department of the government, except the liberty lo 
abridge, limit or destroy the rights and freedom of the 
people. 

The Constitution should contain the principles of the 
government, while its policy should be left exclusively 
to the discretion and judgment of the legislature. 

A constitution that would limit the legislature or dic¬ 
tate to it, measures of policy, would be not only un¬ 
wise, but in nine cases out of ten, conflict with the 
best interests of the people. 

In examining our constitution it will be found that 
while it is conservative in its character, and secures by 
its provisions the essential principles of iree govern¬ 
ment, it leaves entirely its policy to be guided and con¬ 
trolled by the legislature. A constitution that would 
do more than this, would be destructive in its conse¬ 
quences, and would require frequent change. 

Let us not therefore be deceived ; the prosperity, on¬ 
ward growth and greatness of the State depend upon 
the preservation of our present constitution. We know 
that at times its plainest principles have been utterly 
disregarded and set at naught. Let the legislature dis¬ 
charge their sworn duty ; let them live up to, and carry 
out its provisions, and the seeming necessity for a new 
one will all vanish. It is broad enough and plain 
enough to uphold and protect every interest and every 
right for which “governments are instituted among 
men.” 

We should not rush headlong upon the wild sea of 
experiment—we should not lose sight of those great 
conservative principles that are indispensable to the per¬ 
petuity of republican liberty. 

If a new constitution is necessary, let us wait until 
the going down of the sun of political strife—till the 
cessation of party acrimony, and above all, until the 
voice of an intelligent and sovereign people ask it at 
our hands ; let them be the arbiters of their own interj 
est, and their own welfare. 

While this constitution lasts, we have the promise of 
a bright and glorious future before us. Let the fiend 
of party spirit strike it down, blpt it from the pages of 
our history and undertake to build another upon its ru¬ 
ins, and the evils which are now imaginary will b ereal. 

The last plank of safety to that policy which has 
made the State what it is, will have passed from under 
us, and radicalism, the most ultra, and the most des¬ 
tructive to the welfare of all, will stalk abroad. To 
save us from such ends, let us cling to this good old 
, constitution, with the love our fathers bore for it, as 
I the only sheet anchor of our hope and our safe destiny. 




214 


THE NEW CONSTITUTION. 


“ The people of Ohio should remember that it has 
been to them the shadow of a great rock in a weary 
land, that it has protected them in the midst of strong 
excitement, and the most embittered party conflicts ; 
ana that it had the power to do this, because it was not 
the work of party, but of patriotism and Dolitical wis¬ 
dom.” MILLER PENNINGTON. 

From the Pennsylvanian. 

GERMANY, In 1S49. 

Some confusion exists in the minds of many, partic¬ 
ularly when reading the accounts of passing events in 
Europe, as to what Germany consists of, its subdivis¬ 
ions and their respective governments, its own central 
or federative government, and the struggle now exist¬ 
ing between its component parts, with their issues, ob¬ 
jects and purposes, as well as the great principle con¬ 
tended for and against by the whole and the parts.— 
We have thrown together some general notes, which 
may afford light upon the subject, and serve the pur¬ 
pose of reference to the casual observer. What is un¬ 
derstood by Germany, is that portion of Europe which 
extends from 6 to 20 E. Ion., and from 45 to 51 N. lat., 
with an area of 280,000 square miles, and bounded 
east by Poland and Hungary, south by the Adriatic and 
Lombardy, west by France, Holland and Belgium, and 
north by Denmark and the Baltic. Its population may 
be estimated at forty-one millions, whose religion is 
mainly, and nearly equally, divisible into Catholic and 
Protestant. It is composed of thirty-four monarchical 
or partsof monarchical states or nations,from the pure 
absolute despotic to the limited, at the head of which 
respectively are an Emperor, Kings, Princes and Dukes, 
and four free cities or republics, all of which have, as 
equal sovereigns, constituted the Germanic Confedera 
tion, with a federal government, whose object will here¬ 
after be seen. To understand the politics of the day it 
is necessary to observe that Northern Germanv, so call¬ 
ed, lies north of the river Maine, (50 N. lat.,) and 
Southern Germany, south of it. The following table 
is useful : 


North of the Maine. 


States. Government. 


Population. 

1. Prussia, (part of,) Kg. 

Ab. 

Mon., 

11,000,000 

2. Saxony, do 

Lim. 

do 

1,800,000 

3. Hanover, do 

do 

do 

1,750,000 

4. Hesse Cassel, Electorate, do 

do 

700,000 

5. Schleswig Holstein 



and L. (Denmark) King., Ab. 

do 

600,000 

6. Luxembourg, 



(Holland,) do 

7—8. Meclenburg, 

Lim. 

do 

350,000 

2 Gr’dDuchvs. 

do 

do 

600,000 

9- Nassau, Duchy, 

10 to 13. Saxes Wei- 

do 

do 

400,000 

mar, Meinings, 

Coburg, Atten- 




burg, Duchys, 

14. Brunswick, Duchy, 

do 

do 

650,000 

do 

do 

275,000 

15. Oldenburg, Gr. do 

do 

do 

275,000 

16 to 18. Annalt, 3 Duchys, Lim. 

do 

150,000 

19—20. Schwartz- 



burg, 2 Princp’s, 

do 

do 

125,000 

21. Waldeck, Princ. 

do 

do 

60,000 

22—23. Reuss, 2 do 

do 

do 

90,000 

24—25. Lippe, 2 do 

25 to 29. Lubeck, 

do 

do 

130,000 

Bremen, Frank¬ 
fort, (M.) Ham- 




burg, 4 Cities, Republics, 

325,000 




19,280,000 


South of the Maine. 
States. Government. 

30. Austria, (part of,) 

31. Bavaria, Kingdom, 

32. Wurtenburg, do 

33. Baden, Gr. Duchy, 

34. Hesse Darmstadt, 


Population. 


36—37. Hokenzol 
38. Lichtenstein, 


do 


l. Ab. 

Mon., 

13,000,000 

Lim. 

do 

5,000,000 

do 

do 

2,000,000 

do 

do 

] ,500,000 

do 

do 

900,000 

Ab. 

do 

30,000 

n. Lim., 

do 

55,000 

do 

do 

6,000 


22,491,000 


Total population of all Germanys 41,771,000 

From a very ancient period there has been an associ¬ 
ation of many of the German States, with a confedera¬ 
ted general government, for the purposes of mutual de¬ 
fence and assistance, under the names of Empire or 
Confederation, disturbed, at intervals, by the horrors of 
war among themselves. It is only necessary to no¬ 
tice those of modern times. In 1806 Germany was an 
hereditary Empire, of which the Austrian monarch 
(Francis) was the Emperor. But Napoleon, in the 
midst of victory, established the “Confederation of the 
Rhine,” composed of many of the German States, who 
determined to adopt him as their Protector. The Ger¬ 
man Empire was then dissolved, and Francis resigned 
the Germanic imperial crown, retaining his imperial 
sway over Austria and its provinces. Upon the down¬ 
fall of Napoleon in 1815, at the Congress of Vienna, 
the Germanic confederation, composed of all the States 
before named, was formed, with the Austriau monarch 
as its chief, and so it has remained, with little varia¬ 
tion, up to the breaking out of the recent Revolutions 
of Europe. The constitution or plan of the central 
government was, that each State hath so many votes, 
regulated according to population, and the delegates 
when met, constituted the Federative Diet, the major¬ 
ity of whose votes determined all questions relating to 
the objects and purposes of the Confederation, to main¬ 
tain which each State furnished military and financial 
means, according to a given ratio. The objects of the 
confederation may be briefly stated thus: the maintain- 
ance of external defence against a common enemy and 
the preservation of iaternal peace among the Federative 
States, which had no right to declare war on each oth¬ 
er, but who were required to submit their differences to 
the decision of a Court of the Central Government; 
also the suppression of any attempt by the subjects of any 
of the States to subvert the existing order of their respec¬ 
tive Slate Governments, the fundamental principle of 
which mas, that all sovereign power emanates from the 
State Monarch. This last principle, and the execu¬ 
tion of it, are the germs of the present Qermanic trou¬ 
bles. 

For the last twenty years, in the respective States, 
German philosophers, patriots, and statesmen have en¬ 
deavored to procure a reform of this principle, because 
of its injurious effects upon the people of each State 
sovereignty. For example, what has often happened, 
the people of a particular State have wished to dimin¬ 
ish the burdens under which they have groaned, impo¬ 
sed by the despotism of their own monarch. Not able 
to attain this by peaceable means from their ruler, they 
have risen, and if left to themselves, would have suc¬ 
cessfully revolutionized and obtained a liberal and con¬ 
stitutional State Government. But instantly, the ban¬ 
ded confederation of monarchs, to maintain kingly des¬ 
potism throughout Germany, in principle and fact in¬ 
tact, have, with cannon and steel, extinguished every 
dawning of the light of civil liberty. This is the rea¬ 
son why the Germanic confederation of 1815, with a 
general good purpose so far as common external defence 
was concerned, but a disastrous and paramount one so 









THE NEW 1 CONSTITUTION. 


215 


far as internal civil liberty was at stake, has, by the 
recent rising, of masses of the German people, been 
disrupted, if not forever annihilated. 

This leads us to things as they are, and the attempt 
to establish a new confederation upon more enlarged 
principles. All agree in the provision for the common 
defence against external foes, and that one State shall 
not fight against another, and if they have between 
each other any dissensions, they shall submit them to 
the Arbitramentof the Federative Diet. But the patriots 
of progress and freedom in Germany will never con¬ 
sent that each individual State shall surrender the right 
to establish a form of government for itself, liberal and 
constitutional, if it so pleases, with an equality of rights 
of each State in the central government, so as to pro¬ 
duce “Unity,” as is the German phrase. On the other 
hand, monarchy struggles to crush this spirit. It will 
thus be perceived that the issue, at this day, is but an¬ 
other phrase of Napoleon’s alternative— Republicanism 
or Cossack Despotism. The subjects of the separate 
States desire independent freedom through the means 
of representative institutions ; and the German people 
are calling for a United Germany. Shorly after the 
impulse given by the success of the French revolution 
of 1848, such was the enthusiasm of the people of parts 
of Germany, that monarchs fled, abdicated, or hid ter¬ 
rified. Most, but not all, of the States, spontaneously 
elected delegates, (exceeding the number of the mem¬ 
bers of the late federative diet,) to a Convention, to re¬ 
model the confederacy, with the objects above stated. 
This was the purpose of the Frankfort Assembly.— 
Northern Germany, encouraged by the assurances of 
the Prussian King, (who has since violated them,) was 
mainly in favor of liberal principles ; Southern Germa- 
many, whose delegates were chiefly backed or influen¬ 
ced by the three great powers of Austria, Bavaria and 
Wurtemburg, leaned to absolutism. On the 25th of 
January last, the Convention met, and the test question 
was, for or against a Central Government icith the King 
of Prussia, (then the exemplar of liberal principles,) 
as chief; and Austria (the representative of despotism) 
either mutilated or excluded. The votes were :— 

On the North of the Maine. 

For Against- 


Prussia. 132 3~ 

Royal Saxony. 2 16 

Hanover. 16 9 

Hesse Cassel... 6 4 

Holstein.... 7 3 

Brunswick,. 3 

Oldenburg. 2 3 

Mecklenburg [2]. 6 

Nassau,. 3 3 

Luxembourg,... 2 0 

Anhalt [3]. 2 0 

Waldeck and Lippe [3]. 2 0 

Thurinjia, [4, Schwartzburg, &c,].... 6 4 

Free cities [4]. 5 0 

194 82 

On the South of the Maine. 

Austria. 7 90 

Bavaria. 6 52 

Wurtemburg. 6 20 

Baden. 2 8 

Hesse D. and H. [2]. 3 10 

Hohhenzollern, \2]. 0 1 

Lichtenstein,. 0 1 

17 182 

Total. y. . 211 264 


It will be observed that the only state north of the 
Maine, which threw its preponderance in favor of Aus¬ 
tria, was Saxony, it having, from contiguity and seve¬ 


ral peculiar causes, a leaning to that Empire. It is an 
amusing incident that the delegate of the Monarch- 
Prince of Lichtenstein, who, from his possessions of 
only 52 square miles, with a population of 6,000, in 
Southern Germany, may be aptly termed the Prince of 
Lilliput, gravely cast his vote in favor of the principle 
of despotism, to prevail over 40 millions of people.— 
Subsequently, a majority was obtained for the proposi¬ 
tion. But the King of Prussia, now recovered from 
his terrors by the influence of the Austrian successes 
in Italy, and returning to his first love, hypocritically 
declined the Chieftainship of the Central government 
on the pretext that he was not unanimously elected.— 
Finally, having withdrawn his delegates from the Con¬ 
vention, he has virtually joined with Austria, in hopes 
to reinstate the despotic sway of these two great pow¬ 
ers over all Germany, and looking to the eventual aid 
of Russia, has determined to crush the attempt of the 
separate states to establish constitutional governments. 
The German Confederacy or Empire still exists in 
name, but without a chief. The great battle of prin¬ 
ciple is vet to be fought and decided. It is in vain to 
deny that the people of this country, render their sym¬ 
pathies to German patriotism in its good work. With 
one voice they silently, if not openly exclaim, “ God 
save the Right.” 

Election of Judges. 

It will be a source of gratification to the friends of 
popular rights to know that the election of Judges, 
wherever discussed, has scarcely met with any opposi¬ 
tion. The Pennsylvania Democratic State Convention 
which recently met at Pittsburgh, passed a resolution, 
unanimously, in favor of so amending the Constitution 
as to give the people the election of the Judiciary. 
This expression of ©pinion, emanating as it does from 
the assembled representatives of the democracy of the 
whole State, will not fail to exercise a powerful influ¬ 
ence in the final settlement of the question, as far as 
that State is concerned. It proves the deep hold this 
favorite measure has upon the popular mind and heart. 
The Lancaster Intelligencer says: “The resolve will be 
reiterated at all the democratic county meetings to be 
held this fall, and the democratic representatives will 
all be instructed in its favor. Let assurance be made 
doubly sure; for in a matter of such grave importance, 
the people cannot well exercise too much vigilance.” 
—Kentucky Yeoman. 

Canada. — It was contemplated by the early founders 
of the Republic that Canada should form a part of the 
United States, as appears from the following article, spe¬ 
cially inserted in the old Articles of Confedeiation of 
1778. 

“Art. II. Canada acceding to this Confederation, and 
joining in the measures of the United States, shall be 
admitted into and entitled to all the advantages of this 
Union ; but no other Colony shall be admitted into the 
same, unless such admission be agreed to by the nine 
States.” 


ECTTiie Romans, so far from welcoming the French 
into that city by acclamations, will not it is stated, even 
find laborers for them to remove the barricades. The 
whole bearing of the Romans is that ol a gallant peo¬ 
ple subdued but not disgraced. 

The Toronto Patriot chronicles as among the “ evil 
signs of the times” that a vessel named “ The Annex¬ 
ation,” has been launched at Goderich. The owner is 
a friend of the present Administration, and a signer of 
the confidence address to Lord Elgin. 


































216 


THE NEW CONSTITUTION. 


THE PARLIAMENT OF SCOTLAND: 

Its Powers and Duties—Ceremony of opening 
its Sessions. 

In our last, we gave an article on the British 
Parliament, its origin and its powers. To day mainly, 
collected by Stephen, from Biackstone and from 
Chamberlaylie’s “Magnse Brittauise Nothia,” or present 
state of Great Britain, we are enabled to give a running 
account of the Parliament of Scotland, as it existed 
previous to the Union of England and Scotland, imme¬ 
diately after the death, in 1603, of Queen Elizabeth, 
of England, when James VI, of Scotland, ascended 
the English throne as James I, of England. 

Like the Parliament of England, that of Scotland 
was composed of three estates; the Lords Spiritual the 
Lords Temporal and Cornrnissioners(represontatives)of 
counties, cities and boroughs. The Parliament was the 
Supreme Court of Scotland. It had no stated time for 
meeting, but was called, when its services were need¬ 
ed by the Sovereign, who issued a writ for its assem¬ 
bling, upon which, public proclamation was made at 
the principal town of each county, for the meeting of 
Parliament, with forty days notice to the members. 
The qualified voters then met to select the members, 
or Commissioners. To be qualified as an elector, it was 
necessary, that the person offering to vote, should be 
the holder of lands taxed at forty shillings,Scotch cur¬ 
rency, or upwards. In the Royal boroughs, the town 
council elected the member or Commissioner of Parlia¬ 
ment. 

On the first session of each Parliament, the crown, 
sceptre, sword of state, robes, etc., were removed from 
the place where kept, to Holyrood castle, attended by a 
numerous body of guards, who compelled all passers by 
to uncover their heads, in respect to the emblems of 
sovereignty, then passing. 

History, which, while it skips many things of much 
importance, never fails to chronicle the movements and 
the smaller doings of the Monarch, and with studied 
detail, to give accounts of Royal processions &c., gives 
us a full account of the procession at the opening of 
the Scotish Parliament on the 6th of May, 1703, a sy¬ 
nopsis of which we give to our readers, as a matter 
of curiosity, and as illustrative of the pomp, and cir¬ 
cumstance, by which, for centuries, the people, kept 
in ignorance of their rights, were amused by their 
lordly masters. 

“ The streets of the city of Edinburg and those of 
the Cannongate,” says the writer from which we 
quote, “ being cleared of all carriages and coaches, and 
a line being formed by railing the streets on both sides, 
within which none were permitted to enter but those 
who formed the procession, the Captains, Lieutenants, 
and Ensigns of the trained bands excepted. Without 
the rails, the streets westward were lined with the 
horse guards from the palace of Holyrood house ; af¬ 
ter them the horse grenadiers ; next the foot guards, 
who covered the streets up to the Netherbow, by the 


city trained bands ; from the Parliament Square to the 
Parliament House, by the Lord High Constable’s 
guards, and from the Parliament House to the bar, 
by the Earl Marshall’s guards ; the Lord High Consta¬ 
ble being seated in an elbow chair. 

The author then gives a long account of the proces¬ 
sion, in which figured trumpeters, “in coats and ban¬ 
ners, bareheaded”—the “sixty three borough commis¬ 
sioners, on horseback, riding two and two, each with a 
lacquey on foot,”—the “sixty seven commissioners for 
counties,” also on horseback, “each having two lac¬ 
queys on foot”—the fifty one Lords Barons, each hav¬ 
ing a gentleman to support his train, and three lacqueys 
on foot, ‘‘each wearing above their liveries velvet sur- 
touts with the arms of their respective Lords on the 
head and back”—nineteen viscounts, marched in simi¬ 
lar style—sixty lords, in similar style, except that the 
lacqueys were increased to four—four trumpeters next 
following—then four pursuivants—then sixty heralds 
bareheaded—then the “Lord Lyon, King-at-Arms, in 
his coat, robe, chain, batoon, and foot mantle,”—the 
sword of state borne by the Earl of Mar—the sceptre 
by the Earl of Crawford—the crown by the Earl of 
Forfar—then followed the Lord High Commissioner, 
with his servants, pages and footmen—then “four 
Dukes, with gentlemen bearing their train, and each 
with eight lacqueys”-“six Marquessess,each having six 
lacqueys”—then followed the Duke of Argyle—then 
the captain of the Horse Guards and then the Horse 
Guards themselves, and the procession was complete, 
and all of which has been transmitted to us, in the 
pages of history with an exactness worthy of the 
greatest events. 

While Parliament was being opened, the King, in 
person or by proxy, sat on a throne, six steps high— 
one step lower sat the Lord Chancellor with the other 
officers of State on each side of him—on the next step 
below sat the Lords of sessions, and Judges. On 
the right of the throne, seats were assigned for the 
Bishops—the Archbishops on seats one step higher than 
the Bishops. On the left of the throne sat the nobili¬ 
ty, on seats raised, or depressed, according to rank. 
In the middle of thfese, were tables on which the regalia 
were placed. On the floor of the hall seats were arrang¬ 
ed for the commissioners of counties and of boroughs 
—the former, being the most respectable occupying the 
right, the others the left. Atter all had taken their 
seats, according to rank, the Parliament was opened in 
the King’s name, and the King, if present, if not his 
substitute, read a speach declaring the cause of Par¬ 
liament being convened. As soon as this ceremony 
was over, the Lords Spiritual (the Bishops) retired 
apart and chose eight of the Lords Temporal ; the 
Lords Temporal, then retiring chose eight of the 
L >rds Spiritual—these LordsSpiritual and Lords Tem¬ 
poral so chosen, then nominated f e ght persons from the 
commissioners ot Coun.ies ai.deight of the commis¬ 
sioners of Boroughs, and these thirty-two persons, 





THE NEW CONSTITUTION. 


217 


“ who were called the Lords of the Articles, and 
with the Chancellor, Treasurer, the King’s Secretary 
&c., admitted or rejected all matters proposed to the 
states [Parliament] after they had first been proposed 
to the King.” 

When a bill was proposed to Parliament,—submitted 
to the King—then approved by the “Lords of the Arti¬ 
cles” and the officers of the King, it was then present¬ 
ed to the whole Assembly, and if passed by a majori¬ 
ty of the votes, was again presented to the Sovereign 
for his approval or rejection. If he approved the bill, 
he touched it with his sceptre, declaring it at the same 
time a law—if he refused his assent, he omitted the 
ceremony of touching it with his sceptre, and thus de¬ 
feated it. 

In giving their votes on the passage of a bill, the 
members of Parliament, who wished to vote aye, when 
called, uttered the word's, “7 approve ,"—the member 
wishing to vote against it, said, “7 disapprove," and the 
votes were registered accordingly. Those at a loss 
how to vote, or wishing to dodge the question, uttered 
the words “non liquet "—not clear—and that excused 
them. The right of protest on the part of members 
against the passage of a public act was not allowed, 
“but in private acts, relative to men’s rights and prop¬ 
erties, any one might have protested for his interest.” 

In Scotland such a thing as a prorogation of Parlia¬ 
ment, (the continuance of the body from session to ses¬ 
sion,) was unknown. When the business was ended, 
or when it was desirous to get rid of a parliament, the 
King, in person or by proxy, made a speech to the mem¬ 
bers, and declared it at an end. 

“From the Revolution to the Union,” says Mr. Ste¬ 
phen, “the nobility with the Commissioners of Shires 
and Boroughs c imposed a Parliament without the Bish¬ 
ops, and in the time of Queeu Anne, the Committee of 
the “Lords of the Articles,’ was abolished by an act < f 
Parliament, so that ail the members of the house had 
the liberty of making and debating proposals.” 

Before the union between England and Scotland, 
which blended these fierce and warlike kingdoms into 
one, there was a sort of an inferior Parliament in Scot¬ 
land, composed, like the superior Parliament of the 
three estates, and was called the “Convention of the 
Estates.” The members for the counties and boroughs 
were elected to this convention in the same manner that 
members were elected to Parliament,—the writ of the 
King for its assembling, give only twenty days notice 
to the members. At the opening of this Convention, 
the King was either present in person, or by his com¬ 
missioner, as was the case in the assemh ing of Parlia¬ 
ment,but the ceremony of taking the crown,the sceptre, 
sword of state, &c., and the cavilcade, with t Dukes, 
and Marquesses, attended by gentlemen and lacqueys, 
members, &c., was all dispensed with. The Parlia¬ 
ment, when assembled, had power to pass laws, and 
impose taxes; the Convention of the Estates had no 
power to make laws, but merely to impose taxes, 


(which, in the days of which we speak, came not un¬ 
der the head of the law-making power) and to enforce 
these collections; and, in this, consisted the difference 
between the Parliament and the Convention. 

When the Convention, or inferior Parliament was 
first instituted, it was made up after the manner of a 
called jury in this country; the King, by his officers, 
having the right to pick up members of Parliament in 
the street, or wherever they could be found, and these 
talesmen, when a sufficient number were collected, 
formed the Convention. The onward march of reform, 
in time, did away with this practice, and the mem¬ 
bers of Convention representing the borough and 
counties were then elected, by the few enjoying the 
elective franchise, in the same manner as were the 
members of the regular parliament. 

Notwithstanding the fierce wars with which Scotland 
was almost constantly engaged with England, but little 
money was raised by taxation, and hence the “Conven¬ 
tions of the Estates” but seldom met. The chiefs of the 
different clans, brought their clansmen into the field— 
where they lived without pay, save what they got from 
the spoils of victory. The chiefs were paid besides the 
plunder, in gifts of land from the crown. 

In closing this rapid sketch of theScotish Parliament, 
we know not that it is out of place to notice a criticism 
on our publication by one or two papers in the State* 
opposed to the formation of a new constitution, incon¬ 
sequence of the space we have occupied in tracing leg¬ 
islative and other reforms in other lands. To us the 
study is one of deep interest, and we doubt not it will 
be found so to the mass of our readers. The facts we 
have collected are not accessable to the great masses, 
for they are scattered through various publications, 
many of them of difficult access, and we have collec¬ 
ted them from various sources, at much cost, anu more 
trouble. 

The world, ever since it emerged from what in his¬ 
tory is called the dark ages, has been progressive,—the 
cause of popular liberty has been onward, moving it is 
true, with feeble strides until our own Revolution, in 
1776, taught man that he was endowed with certain 
natural, inherent and inalienable rights, and the unpar- 
rallelled success of our Republic, which has not only 
sustained itself, but has advanced to greatness and to 
power with such rapid strides as to astonish the 
monarchical world, showed that man wa3 made capa¬ 
ble of governing himself, than crowned heads were of 
governing him. Since then, most of the governments 
of the world have changed—man has regained a por¬ 
tion of his rights—and the theory of government has 
been shown to be plain and simple, and in every part 
of the civilized world, man is still striking for enlarged 
free >m. 

In Ohio, the battle now is, for a new constitution— 
one which will take power from the few and give it to 
the many. Those opposed to this change, ring in our 
ears, the danger of innovation. Our argument in an- 








218 


THE NEW CONSTITUTION. 


swer to this, is to be found in the history of the past. 
Had the Barons, who leagued against King John, and 
forced from him their Magna Cliartti, been frightened 
by this fear, England never would have secured the 
liberty that charter gave her. Had the Parliament, 
which provided for the accession of William and Mary, 
been frightened by the fear of innovation, the increas¬ 
ed lijerty provided for in the “Bill of Rights,” would 
never have been secured. Had the “fear of innova¬ 
tion” pervaded the minds of the members of the conti¬ 
nental Congress which gave to the world the “Declara¬ 
tion of Independence,” which gave to these United 
States a place among the nations of the earth, we 
would still have remained colonists of Great Britain— 
still governed by English laws, which we had no hand 
in making. It was innovation that gave this nation a 
Congress differing from the English Parliament—it was 
innovation upon all the established usages of the world, 
that gave to each of the States of this Union, constitu¬ 
tions of their own making, and by which their liber¬ 
ties are secure from assumption of power by the federal 
government. Had it not been for innovation, we 
would still have been steeped in ignorance as profound 
as that which overshadowed us in the 10th, 11th and 
12th centuries, and the people now, as then, would 
have been but of two classes, the Lords and the Serfs. 
The fear of innovation is an idle one—and particularly 
idle is it, when the change is to be made by the people, 
for their own benefit. 

Comparative View of the State Constitutions. 

In the six New England states, the executive and le¬ 
gislative branches of the government are all elected an¬ 
nually. The representation in the lower branch of the 
legislature is more numerous in those states than in the 
other states of the Union; the representatives in the 
New England states being elected by towns to the house 
of representatives, while in all other parts of the Union 
the representation in thatbranchof the legislature is by 
counties ; districts in South Carolina, and parishes in 
Louisiana, being local divisions synonymous with 
counties. 

An executive council, elected by the people,is pecu¬ 
liar to the state of New Hampshire. There are, how¬ 
ever, executive councils, elected by the legislature, in 
Maine, Massachusetts, Virginia, and North Carolina. 

The governor possesses the veto power, or qualified 
negative, on bills and resolutions which have been pass¬ 
ed by the legislature, in the following ten states, viz : 
Maine, New Hampshire, Massachusetts, New York, 
Pennsylvania, Georgia, Mississippi, Louisiana, Michi¬ 
gan, and Texas ; in these states the executive veto can 
only be overruled by a two-third vote of both branches 
of the legislature. 

In the following states the governor may return bills 
or resolutions passed by the legislature, but his veto 
may be overruled by a majority of the members elect¬ 
ed to both houses, viz : Vermont, Connecticut, New 
Jersey, Alabama, Florida, Arkansas, Kentucky, Indi¬ 
ana, and Missouri. In Illinois, the governor and the 
judges of the supreme court form a council to revise all 
bills which have passed the general assembly, and a ma¬ 
jority of the council may return bills with their ob¬ 
jections, to the house where the same originated ; after 
which, if approved by a majority of all the members 
elected to both houses, the bill may become a law. 

In the following eight states, the approval of the 


governor is not required to bills or resolutions passed by 
the legislature, but the same may become laws, after 
receiving the signature of the speaker or presiding offi¬ 
cer of each branch of the legislature, viz: Rhode 
Island, Delaware, Maryland, Virginia, North Carolina, 
South Carolina, Tennessee, and Ohio. 

In all of the states, except Virginia and South Caro¬ 
lina, the governor is elected by the people ; in those 
two states he is chosen by the legislature. Lieutenant 
governors are chosen by the people in Massachusetts, 
Vermont, Rhode Island, Connecticut, New York, Ken¬ 
tucky, Indiana, Illinois, Missouri, Michigan, and Tex¬ 
as ; in Virginia and South Carolina by the legislature. 
In the other states, the office of lieutenant-governor 
does not exist. 

In the New England states, a majority of all the 
votes given is required to constitute a choice, in elec¬ 
tions generally, by the people ; there are exceptions in 
Vermont, as to senators, also in Connecticut, in elec¬ 
tions for state senators, members of Congress, and on 
second trials, at adjourned meetings for the choice of 
representatives to the general assembly, in which cases, 
a plurality of votes only is required for a choice. In 
all of the states except those of New England, a plu¬ 
rality of votes given effects a choice in elections by 
the people. 

In all of the states, at popular elections, the manner 
of voting is by ballot, except in Virginia, Kentucky, 
Missouri, and Arkansas,in which states, in all elections 
to any office of trust, honor, or profit, with exceptions 
as to electors of president and vice-president, the votes 
are given openly, or viva voce, and not by ballot. 

North Carolina is now the only state which requires 
a freehold qualification forelectors for either branch of 
the legislature, members of the senate in that state be¬ 
ing chosen by freemen possessed of a freehold within 
the district where they reside and vote, of fifty acres 
of land. In Virginia, freeholders may vote for members 
of the house of delegates, in any county where they 
own a freehold of the value named in the constitution ; 
housekeepers and heads of families who shall have 
been assessed with a part of the revenue of the com¬ 
monwealth, within the preceding year when they vote, 
are also entitled to vote at elections. 

Persons of color are entitled to vote at elections in the 
states of Maine, New Hampshire, Vermont, Massachu¬ 
setts, and Rhode Island. In the state of New York 
they are also qualified to vote, if possessed of a freehold 
estate of the value of two hundred and fifty dollars, 
without any incumbrance. In all other states of the 
Union, persons of color, or those of African descent, 
are excluded from the right of voting at elections. 

Ministers of the gospel are not eligible as legislators 
in Maryland, Virginia, North Carolina, Tennessee, and 
Texas. In South Carolina, Kentucky, Louisiana, Mis¬ 
sissippi, and Missouri, they are eligible neither as gov¬ 
ernors nor legislators. In New York and Delaware 
they are not eligible to any office whatever. 

New Hampshire and Massachusetts are the only 
states whose constitutions make provision for religious 
establishments. In New Hampshire, the legislature is 
empowered to authorise, and in Massachusetts the legis¬ 
lature is enjoined to require, the several towns, parish¬ 
es, &c., in the state to make adequate provision, at 
their own expense,for the support and maintenance of 
protestant teachers, or ministers of the gospel. 

The council of censors is peculiar to Vermont ; that 
body is chosen once in seven years, and .among their 
other powers, they can call a convention to amend the 
constitution of the state. 

Massachusetts is the only state whose constitution 
appoints titles to the officers of government. The gov¬ 
ernor is entitled “His Excellency,” and the lieutenant- 
governor “His Honor.” — Statesmans Manual. 







THE NEW CONSTITUTION. 


‘219 


Written for the New Constitution. 

The Position of America. 

“Westward the course of Empire takes its way,” 

The Sun this morning rose beautiful and glorious. 
The eartli brightened in the Sunshine, while innumer¬ 
able glittering chrystals hailed the advent of the King 
of day. 

There are often most striking similitudes between 
the natural world, and the world of historv. One of 
these—a most impressive one—was brought to my 
mind this morning while gazing upon the Sun; and if 
it accords with the character of your paper, and if, 
amid the hum and din of business, your readers will 
turn away for a short time to a different, yet equally 
important region, I will state, the analogy, and the re¬ 
flections to which it gave rise. I feel the prouder for 
being ail American, and am nerved to battle more cour¬ 
ageously in the cause of mankind, by such considera¬ 
tions. Perhaps others may be influenced in a similar 
manner. 

The analogy is this: The Sun arises in the East; he 
journeys westward, in his majestic course, waking the 
slumbering earth to life and activity. So the stream of 
history and civilization commenced in the East. It has 
been slowly and gradually traveling westward, through 
periods of centuries; and as the Sun arose upon our 
western world this morning, with resplendent power 
and glory, so has the stream of history and civilization 
emptied into the lap of America her richest gifts, and 
gilded her future prospects with the most glittering 
halo. 

Let us trace this analogy a little more closely. The 
student of history well knows, that as far back as 
ancient history carries him, the first seat of empire, 
civilization and power, was situated in middle Asia. 
Thef-e the Assyrian, Babylonian and Chaldean empires 
flourished for a period, extended their powerful arms 
over Asia, but crumbled afterwards into the dust. 

Westward the course of Empire took its way.— 
In Europe, on the classic soil of Greece, next arose a 
great people, famed for their cultivation of art, 
science and literature, distinguished for their democrat¬ 
ic forms of government and personal courage. But 
the Grecian empire, followed by the Macedonian, 
which almost comprehended the world under its wings, 
also went down; and the seat of empire, cultivation 
and civilization went still farther westward. It arose 
in far-famed Rome. Here it rested for a long period. 
Rome waxed so large and powerful that her people be¬ 
gan to call it the Eternal Empire. But its days were 
also numbered, and upon the ruins of Rome arose a 
large number of different kingdoms. 

At first glance one would suppose that here this west¬ 
ward flow of all that is valuable in history, and the hu¬ 
man race stopped, because among the kingdoms that 
arose upon the ruins of Rome, no one obtained a dis¬ 
tinguished pre-eminence. But it is not so. It is very 
clear that, for the whole last century, Great Britain, 
lying still farther west, has taken the lead in the world, 
and has also extended her influence round the globe, 
so that, as Webster says, “the beat of her morning 
drums engirdles the earth.” 

Bui history is about entering upon a new stadium of 
events, and it is to this that I wish to draw the atten¬ 
tion of your readers. America, the continent of the 
west, is now just about entering upon her course as 
dictatress to the world, in power, government, science, 
art and civilization, and this view of the question lays 
open an inviting field to the thoughts of the contem¬ 
plative man. 

It is true indeed, that we Americans have long boast¬ 
ed of our country; but I regard our past history as only 
preparatory to the part that we are now to play in the 


world’s drama. Hitherto, the old world, and especially 
England, has been foremost in influence in the general 
stream of history; our country was passing through 
its childhood and youth. 

But a new era has commenced with the year 1848; 
our country has arrived at a vigorous manhood, and 
now stands in manly and imposing attitude before the 
whole world. 

Let us attempt, as Americans and as earnest men; 
as those who desire to gird up their loins for serious 
battle in the world, fully to understand the importance 
of our position. 

The importance of America is now for the first time 
beginning to be understood in Europe. 

THE POWER OF AMERICA—PRESENT AND FUTURE. 

In attentively reading the history of the world, we 
find that there has always been one leading nation as 
regards power. We hear much of the rise and fall of 
nations, and it is true that nations have not always 
preserved their power, but the fact still stands, that in 
every age there has been one leading state—one whose 
power was acknowledged as such, and which, medi¬ 
ately or immediately, took the lead in all important 
affairs. During the last century, England has repre¬ 
sented this leading nation in history. Fiance, Ger¬ 
many and Russia have been, and are, mighty powers; 
for a brief time, some of them may even have taken 
the lead, but it requires but little penetration to per¬ 
ceive that after all, England has been at the bottom of 
most movements, and has progressed fastest in power 
and territory. She, alone, successfully withstood and 
crushed Napoleon. She covered the ocean with her 
fleets and merchantmen. She made herself felt and 
feared in China, in different parts of Asia, and in the 
isles of the Sea- She guided the course of European 
politics; and, although she failed twice in her contests 
with the United States, it must be admitted that it was 
not from the want of power, or any inferiority in this 
respect, but from circumstances, distance of the war, 
differences with other nations at the same time, &e. 
The English have long been in the habit of deriding 
the Americans. They have scoffed at us so long, that 
they have easily persuaded themselves that we are a 
very small affair. “Who reads an American book?” 
sneeringly asked the Edinburg Review, long ago. In 
the proud consciousness of the power of their country 
they have despised us. 

But the events of the past year have opened their 
eyes. In the silence of the last fifty years, there has 
been growing up to man’s estate, a nation, to whom 
Providence has committed the lead of the world, and 
before whose rising power even Old England is begin¬ 
ning to bow herself. 

If the inabitants of Great Britain were to meet the 
inhabitants of the United States in a pitched battle, it is 
probable, nay certain, that the former would yet prove 
themselves the most mighty; but it is not in this way 
that we estimate the true power of a nation. We 
must look at her moral influence as well as physical 
strength. Is not England loosing her moral power, 
and are not the United States gaining in the same pro¬ 
portion? We must look at the stability of her govern¬ 
ment. Is not England growing pale at her insecurity? 
We must regard the general course of the nation, 
whether it be forward or backwards. Is not England, 
with all her power, standing still, and America rapidly 
advancing—so rapidly indeed, that the mind can scarce¬ 
ly realize it? America is advancing with unprecedented 
rapidity. Herforests are vanishing like the morning 
mist, and the iron horse is speeding his way in every 
direction. Her territory is filling up with unexampled 
mpidity, and yet her energy exhibits no signs of dimi¬ 
nution. She is rapidly rushing forward on a prosper- 





220 


THE NEW CONSTITUTION. 


ous career of commerce, improvements, education, 
and civilization, and no man can say that she has yet 
tired, or is flagging. 

In all that constitutes true power, we believe the 
United States now stands pre-eminent among the na¬ 
tions of the globe; and although it may be a few years 
yet before this truth is acknowledged by England and 
France, still to the discerning eye, it is seen to be ad¬ 
mitted already in the conduct and actions of the differ¬ 
ent nations of the world. 

But the future power of America, this is a subject 
of thrilling and momentous interest. Here lies open 
before us an immense question. What will be the 
power of the United States a decade or a century 
hence? ' We may say at once that this is a question 
which no mind can solve. 

And yet, as the mathematician, by taking the ele¬ 
ments of a question, is able to obtain a correct solution; 
so we, by taking the elements at hand already, can 
hope to form some approximation towards the true final 
result. 

Let us then take a brief glance at the elements. 

THE ELEMENT OF PHYSICAL EXTENT. 

It is difficult to form an idea of the vast extent of 
our dominions, unless we compare tftbm with others 
of fixed magnitude that have already been impressed 
upon our minds. The modern world have so annihila¬ 
ted space by means of the engine and telegraph, that 
we lose sight very easily of the true magnitude of our 
country. The reading of history impresses upon the 
mind a seiise of the great extent of France, Spain, 
England or Germany; but the superficies of the United 
States is greater than all these taken together. We 
speak of the conquest of Napolean as immense; and 
yet the laws of the United States are extended over a 
greater amount of surface than the eagles of Bonaparte 
ever swept over. The total surface included within 
the present limits of the United States, is 3,052,SG4 
square miles, or one fifteenth of the entire land surface of 
the globe. Think of that, one fifteenth of the surface 
of the globe. The territory of the United States, falls 
but a small fraction short of that of all Europe. Such 
is its present extent. But it needs not the eye of 
prophecy to perceive, that not many years will have 
elapsed before this already immense country will be 
greatly enlarged by the addition of the Canadas, and 
perhaps of Cuba and parts of Mexico. 

THE Value OF THIS LAND. 

Our country is most favorably situated. It has the 
advantage of being wholly within the temperate re¬ 
gions, thus fitting it for man’s dwelling place, and giv¬ 
ing the natural advantages for raising up a strong, 
hardy, and manly race. It is not necessary that I 
should speak of the fertile wheat lands of the West, 
the cotton plantations of the South, the rich mineral 
deposites of Pennsylvania, Ohio, Wisconsin, Missouri, 
Michigan and California. Taken as a whole, our 
country is unequalled in its adaptation to produce 
everything that ministers to the wants and comforts of 
man. 

THE CHARACTER OF THE PEOPLE. 

Emphatically energetic. As the soil washed down 
from the different mountain-sides, and commingled in 
the valleys, forms the most fruitful land, so history 
shows us that the commingling of races tends toward 
the production of the most hardy and independent 
nations. The Puritans have undoubtedly given its pre¬ 
vailing character to this nation. A people of uneasy, 
restless energy, manly mind and courage, and constant 
enterprise. To these have been added the sturdy sons 
of the Emerald Isle, the thoughtful Germans, the lively 
French, and the versatile Scot. These are commin¬ 


gling ; and though in the present generation we can 
draw the clear lines of demarcation between them, yet 
in the course of a century we know that the United 
States will form one grand, consolidated nation, if the 
smiles of the Providence which has so long governed 
us be not withdrawn. 

Then, as another element, we must not forget the 
rapid filling up of our vast country. The enormous 
increase of immigrants, which last year amounted to 
300,000, and this year will at least double that number. 
Admit your California as a State, make your railroads 
and your telegraphs from the Atlantic to the Pacific, 
and it will not be long before the howling wilderness 
will be changed into fertile farms, and the desert coun¬ 
try into smiling and fruitful plains. But yesterday we 
first heard the name of Minesota territory, and now 
they are talking already of knocking at the door of the 
Union for admission 

Above all, the greatest element in our future power 
is the youthful energy of our institutions and of our 
nation. On the other side of the Atlantic they have 
ancient and fixed governments, fixed institutions, man¬ 
ners and customs. Every one knows how difficult it is 
to throw ofF these encumbrances. Only through many 
throes and difficulties can arevolution he accomplished; 
and when accomplished, what is it? An advance? 
Generally it eff ects but a single step of improvement; 
nay, frequently gives place only to a re-action, that 
brings the nation back again to the old point. Austria 
has had a revolution within the last year, and yet the 
Metternich policy has again been restored. France 
has had a revolution, but alas! has no Republic. Plow 
difficult it is to make the advance of a single step in 
Old England ! To abolish the corn laws, or to retrench 
the expenses of government, requires an amount of 
discussion and effort almost equal to an ordinary revo¬ 
lution. The truth is, the nations of Europe are being 
overtaken with the decrepitude of old age. The up¬ 
rising of a spirit of liberty make them shake, as an old 
man with staff in hand. Wedded to old customs, and 
habituated to a certain routine, they cannot accommo¬ 
date themselves to the new genius arising in the world. 
“ Th s old Europe tires me,” once said Napoleon, with 
far-seeing sagacity. 

But in America, how different ! Here every thing 
is yet in its youthful freshness. Our nation is not ye 
a century old. Our institutions do not flag as yet; 
our increase of power is in geometrical proportion; our 
Uuion becomes stronger, and more closely knit together 
every year. A sense of our high destiny and dignity 
animates the nation. And thus going forth in man¬ 
hood’s strength, we are accomplishing ends whose mi¬ 
raculous character we ourselves do not fully apprehend. 
We have thirty States ; a century .hence will see sixty, 
stretching from the Atlantic to the Pacific, the happy 
abode of a free and powerful nation. No armies—if 
armies are needed—shall be able to withstand ours ; no 
fleets be able to triumph over ours. In internal and 
external power our country shall stand at the head of 
the nations, and lead .the van in the onward course of 
history, which moves solemnly to its appointed end. 

OUR POSITION AS TO GOVERNMENT. 

How did the United States happen to obtain their 
present form of government? Was it by chance, or 
the superior wisdom of those who, in convention dis¬ 
cussed, formed and fashioned us a government? Was 
it that all the wise statesmen of England, the scholars 
of Germany, and the philosophers of Frauce were 
excelled in mental strength and intelligence by the 
statesmen of America, who drew up our national and 
state constitutions? We are inclined to believe not. 
Our Washingtons, Adamses, Jeffersons, Ilamiltons and 
Madisons were indeed intelligent, honest, strong- 






THE NEW CONSTITUTION. 


221 


minded men. But had they received their education 
in England or France, and amid their institutions, and 
had they been called upon there, in convention, to 
frame a constitution, it would have been very unlike 
to our present one. How, then, came they to form 
the present system, whose wisdom every revolving 
year acknowledges? We answer—from the force of 
circumstances. Had, for instance, the different colo¬ 
nies not been commenced under different auspices and 
regulations, and had it thus not been necessary to con¬ 
sult different interests and views, we would not have 
been different States in one Union, and thus the most 
essential feature of our present form of government 
would have been wanting. 

So we might easily trace out the different funda¬ 
mental principles of our government, and show how, 
by the force of circumstances, they were engrafted 
upon our system. The phrase, “force of circum¬ 
stances,” we would however prefer changing to that of 
“ overruling hand of Providence ; ” because we believe 
that both experience and theory prove our confede¬ 
rated form of government to be the best one, and most 
adapted to the present development of man. We be¬ 
lieve, further, that the colonization of America by dif¬ 
ferent bodies, and their subsequent league against the 
mother country, was under the wise direction of Provi¬ 
dence, in order that the model might be unfolded here 
in America, from whence it might act and re-act upon 
the different nations of the world. 

And see how rapidly this mission of America is now 
in course of fulfilment. Before the first century of 
our national existence has passed by, we see France, 
with vast upheavings, and through many throes, estab¬ 
lishing, or at least endeavoring to establish, one on the 
same model. We see Germany struggling, perhaps 
in vain, towards the same goal. We see Rome expel¬ 
ling the Pope, and upon the ruins of his authority en¬ 
deavoring to establish a government in imitation of the 
Republic of the West. In the mountains of Hungary 
we see the fires of liberty burning brightly, and even 
old England struggling in the direction of liberty. 

Look now at the position of America. Away off 
from the old European world, yet situated so as to form 
the natural central point of Europe, Asia and Africa ; 
brought by the steamboat within two weeks of Europe 
and Asia ; known by her literature in every reading 
land, and by her commercial relations interwoven with 
the life of the whole world ; her missionaries invading 
every heathen country, and her seamen swarming at 
every known port; her rich soil feeding the children of 
Europe in years of scarcity, and her inventions aston¬ 
ishing the world ; her unoccupied territory offering 
a home to the oppressed of Europe, and her California 
offering an inviting field to the adventurous ; her suc¬ 
cess in arms astonishing the older nations, and her pro¬ 
gress in civilization and power drawing from them sin¬ 
cere admiration ; look at America, I say, and you 
need not be astonished that by the silent force of exam¬ 
ple and precept she is now dictating laws and govern¬ 
ments to the nations of the world, and will do so to a 
greater extent in time to come. 

For the present she is doing this, only reflexively on 
the nations of the East lying nearest to us. But soon 
her influence will stretch also westward, and the des¬ 
potisms of Asia will fall down before her power, and 
her people sit at the feet of America, to learn of her. 

Whether republicanism shall be the ultimate perfect 
system of government or not, it is manifest that it be¬ 
longs to the United States to stir up free principles over 
the world, and the year 1848, Annus mirahilis , has 
made this manifest, and succeeding years will make it 
even more evident. 


THE POSITION OF AMERICA AS TO COMMERCIAL IMPORTANCE . 

England has hitherto swayed the world in a com¬ 
mercial respect. Her colonies have been planted on 
every shore, her factories established in every savage 
and semi-civilized land; her fleets have whitened every 
sea, and her merchants have frequented every harbor 
on the globe. London has been the great emporium 
for the collected wealth of the whole commercial world. 
England has beeiiienabled to maintain her superiority 
in this respect by her energy of government and unity 
of councils at home, by oppression abroad, and by her 
large armies and navies. Other commercial nations 
have dwindled away before her. The Dutch have 
made no advance. The French have not progressed.— 
The Spaniards have almost ceased to attract notice. 

But all this time there has been gradually, and in 
a measure silently, rising in the West a land, whose 
commercial importance already threatens to over¬ 
whelm that of England. Where England’s merchant¬ 
men go, thither Yankee enterprise also penetrates.— 
And it is a fact well known, that American vessels are 
gradually superceding the English even in their own 
trade. 

London is an immense city, containing now one and 
a half millions of {inhabitants; but it is an ancient city 
and many centuries have been required tc make it what 
it is. 

New York is a young giant, but advancing with ra¬ 
pid strides. It numbers now already half a million of 
inhabitants, and is increasing in a more rapid ratio than 
London. Its commerce is immense, and rapidly in¬ 
creasing. New York will be the London of America, 
and a century hence, we have no doubt, will outnum¬ 
ber that ancient capital. 

But then we must also reckon into the account the 
commercial cities of the West. Cincinnati with her 
150,000 population, and a commerce equal to that of 
New York; Louisville, the cities of the Lakes, New 
Orleans, and not the least among these St. Louis. 

We may take a still more extended view of the com¬ 
merce of America. We must expect to see, in a few 
years, a railroad connecting'the Atlantic with the Pa¬ 
cific, with the Telegraph by its side. We must expect 
to see populous states on the Pacific coast. We may 
expect to see the spices of India, the teas of China, in 
short the whole eastern trade, which has so long enrich¬ 
ed England, passing through America on its way to 
Europe, as the shortest and cheapest route. We may 
live to see America the centre, from which trade will 
radiate to every point of the compass. 

It has been an old observation, that commerce very 
much advances civilization, and that the nations which 
engage in it are generally among the feremost in civ¬ 
ilization as well as among the wealthiest. We may 
expect this to result from the course of American 
commercial history; and this increasing commerce will 
aid in the general diffusion of American institutions 
and American liberty. 

The U. S. have soil and a climate fitted for almost all 
productions. It is surprising how large our exports to 
European countries already are; but when our large 
mineral resources shall once be laid bare, and our rich 
alluvial soils be made to yield their abundance, and our 
immense shore be teeming with a commercial popula¬ 
tion, then shall we see our country in her full com¬ 
mercial importance and her rich and popnlous sitting 
like empires on the sea. 

The extent of the sea coast of the United States is 
indeed surprising. So also her harbors and ports ; the 
many points of entrance upon the great highway of na¬ 
tions. The shore line of the Atlantic and Gulf of 






THE NEW CONSTITUTION 


o-2 


2 ~- 


Mexico is.10,324 miles. 

Shore line of Oregon and California. 2,281 “ 

Shore line of the Lakes. 3,000 “ 


15,005 “ 

Interior shore lines. 3,805 “ 


Making a total of.19,455 

But by estimating the shore lines of riv¬ 
ers to the head of tide water, we have... .11,211 

Of Islands.9,237 

Add to this the above shore lines for oceansl2,605 


And we obtain the enormous shore line of 33,053 “ 
which is once and a third times that of the circumfer¬ 
ence of the globe. It is estimated that the shore lines 
of the Mississippi and its tributaries alone exceed 20,000 
miles. What a country fitted for commerce? And 
how rapidly are we now hastening to assert the right to 
the commercial dominions of the globe. 

THE POSITION OF AMERICA AS TO LANGUAGE AND LITERA¬ 
TURE. 

It is already becoming clear, that America is destin¬ 
ed to have a wide and lasting influence on the language 
and literature of the world. 

The different languages of the earth have hitherto 
been generally confined to particular lands. But by the 
immense commercial operations of England and her 
colonial settlements, the English language has become 
more or less spread over the whole earth. 

This same language has become the language of Araer- 
ca. It is true, indeed, that the German, Welch, French, 
Norwegian, and Dutch languages are partially spoken, 
but this is caused solely by emigrations from those 
countries, and they who are at all conversant with the 
subject know that the process of assimilation is in the 
case of all these going forward at a rapid rate. The 
time was, in this country, when a foreign language 
could maintain itself for a century, as in the case of the 
German in Pennsylvania; but in consequence of our 
recent rapid advance in intercommunication by means 
of railroads, mails, telegraphs, &c., this slate of things 
is rapidly passing away, and it is now rarely the case 
that the second generation of foreigners are unable to 
speak the language of this country. 

It must be noticed also, that as a whole the English 
language is spoken with greater purity in America 
than in England. It is well known that various and 
uncouth dialects prevail indifferent provinces; while it 
is the testimony of intelligent travelers that the lan¬ 
guage is spoken with great sameness and correctness 
throughout our country. 

Let us now take a glance at the future prevalence of 
the English language. It is already spoken by a more 
numerous population than any other. 

The British Islands have a population of 28,800,000 

Canada. 2,100,000 

West Indies, Guina and Bermuda. 1,000,000 

India,. 250,000 

Australia. 1,000,000 

America, and colonies in Africa.22,300,000 


Total.55,450,000 

The English language will undoubtedly spread over 
the whole American continent, which in 80 years will 
number 240,000,000 population. Australia and nume¬ 
rous islands of the Pacific will soon speak no other lan¬ 
guage. The continent of Africa is gradually receiving 
the English language by means of the colonies of Good 
Hope, Sierra Leone and Liberia. 

Now, with America and England, the two most pow¬ 
erful and most enterprising nations on the globe, and 
most universal in their commercial operations, both en¬ 
gaged in spreading the English tongue, it is easy to see 


that if the time shall ever come when but one language 
shall be spoken on the earth, that language will be the 
English. Everything is conspiring towards this result; 
the large number of missionaries sent out by England 
and America to all parts of the world ; our influence 
on the governments of the world ; our advances in the 
sciences and the arts ; the immense population congre¬ 
gating in this country; our central position in the 
world ; and the youth and energy of our nation. 

But it will, in all probability, be not the English 
tongue as at present spoken,but changed, which through 
the influence of America may become the universal 
language. The rapid advance we make in other scien¬ 
ces indicate that we shall also make some in the sci¬ 
ence of language. Already Phonotopy has been reduc¬ 
ed to a system, and is becoming generally known. The 
circulation of these papers in tile East and West, is be¬ 
coming quite large. Our telegraphic operations require 
simplified language. 

And in regard to Literature—one great element in 
civilization and the progress of the race—America is 
destined to play also a distinguished part. We cannot 
indeed boast as yet of what we have done. America 
has done well, considering her age and circumstances, 
but she has not been a precocious child. So much the 
better ; she promises so much more in the future, a 
long life of brilliant achievements in the various depart¬ 
ments of literature. America, we say, has done well. 
In History we have done well through Bancroft and 
Prescott. In Poetry and Romance we have earned 
even an European reputation, through Longfellow, Ir¬ 
ving, Bryant, and Cooper. In journalism, and the gen¬ 
eral diffusion of intelligence by means of the press, we 
are far in advance of any country. No one who has 
not sat down to count them can form any idea of the 
amount of Quarterly Reviews, Weekly and Daily pa¬ 
pers now published in this country. 

But America must ana will give birth to a new and 
glorious literature. The process of overcoming nature, 
hewing down the forests, laying tracks for the iron 
horse, and driving out the beasts and the savages will 
come measurably to an end in 40 or 50 years. Then 
literature, art, science, in all their branches, will 
claim their proper amount of attention. And who 
wilt pretend to lay bounds to what this immense popu. 
lation can aud will perform ? 

The way is preparing for the coming of this state of 
things. Systems of education are improving, and 
spreading themselves like a net-work over the Union : 
Colleges and higher schools are dotting the country 
from Maine to Louisiana. Our older colleges are tak¬ 
ing high ground; every year approaching more to the 
standard of Universities ; and the facilities for mental 
improvement are almost unexampled. Our political 
institutions are undergoing a silent change every year; 
the different functions of the government being placed 
more and more into the hands of the people ; and thus 
they are furnished with increased incentives to mental 
exertion ; so that it is clear that the tendency of things 
is to elevate the masses in the scale of influence, intel¬ 
ligence, and self-respect. 

The resultant of all these various forces at work will 
be, we doubt not, a new literature, to which the differ¬ 
ent literatures of the old countries will yield their 
share, aud which will become a world-wide and world- 
influential literature. 

CONCLUDING REMARKS. 

The time was when Europe was the mother and 
America the child. The English have sometimes taun¬ 
ted us with being too much of a practical people—too 
much given to money making, and that we devote too 
little time to the cultivation of art, literature, the sci¬ 
ences, &,c. 





















THE NEW CONSTITUTION. 


223 


But whatever the past may have been, in this re¬ 
spect, the present is full of promise, and the future of 
hope and expectation. 

We have already rendered our full share of those bril¬ 
liant discoveries that have so changed the mode of mod¬ 
ern life. In the matter of the Telegraph, Steamboats, 
Railroads, &c., we have done our part. The records 
of the patent office show, that no other nation produces 
so many useful, original and curious inventions. 

That there are other and numerous discoveries yet 
in store for our inventive and persevering countrymen, 
who can doubt ? Even now the preponderance of sci¬ 
entific research, discovery and enterprise is being trans¬ 
ferred from the old to the new world. 

In the science of medicine we are taking a high rank. 
Our medical schools are extemely numerous, increasing 
from year to year, and preparing to take a hight-r 
ground than they have hitherto occupied. The num¬ 
ber of medical journals in this country is large, and all 
are well sustained. 

In the sphere of mental philosophy America has al¬ 
ready thrown off the shackles of Europe. In very few 
institutions are European text books now used. Locke, 
Reid and Stewart are laid on the shelf to give way to 
Upham, Ranch &c. 

In the sphere of Astronomy we have observations 
comparable with those of Europe, and our astronomers 
have distinguished themselves. 

In Scientific Agriculture, Europe has not exceeded 
us ; nor can England compare with us in the number 
and character of our agricultural journals. 

It is remarkable, indeed, in how few cases European 
text books are used in this country. 

That science and discoveries of all kinds will flourish 
in America, as on a congenial soil, is very evident from 
the greatness of the plans proposed, and the acute, per¬ 
severing character of our population. America has 
practical use for Science. Her lands must be intersec¬ 
ted with railroads from one end of the republic to the 
other. Her streams must be rendered navigable ; brid¬ 
ges must be built ; manufactories instituted. 

How magnificent the plan of Mr. Benton relative to 
a railroad to the Pacific! Or the project of Mr. Ellet 
to make the western waters navigable at all seasons of 
the year! 

In the sphere of Religion and the Church, America 
is performing a great work. The separation of Church 
and State was here first exhibited, and now Germany 
is following the example ; parties in Scotland, France 
and Switzerland are doing so also. The voluntary system 
of supporting ecclesiastical establishments was here 
first tried ; and now the Free Church of Scotland, Free 
Church of the Canton Yaud, Free Church of France 
have followed suit. 

In truth, in every department of human life Ameri¬ 
ca has unfolded some new idea—an idea too that dies 
not, but makes itself felt the world around. 

Perhaps these remarks will enable us to understand 
why America was not permitted to be discovered earli¬ 
er in the history of the world. It was because Ameri¬ 
ca had a great mission to fulfil, and the world was not 
earlier prepared to understand and appreciate this mis¬ 
sion. 

As Americans, then, we should cultivate an earnest 
nature—a nature conscious of its high destiny, and be 
prepared to look not mournfully into the past, but to go 
forward to meet the future with cheerful hearts and 
buoyant minds. 

As Americans we should have respect also to the 
great principle of Progress. It is impossible that things 
should continue as they are. Every day brings for¬ 
ward new relations; and it is sheer madness to cling 


blindly to the past, and refuse to make a step forward 
until compelled by the force of circumstances. 

AMERICANUS. 

Columbus, July 20, 1849. 

From the St. Clairsville Gazette. 

A New Constitution. 

Are the people prepared for the question ? Shall we 
have a new constitution ? They must decide for them¬ 
selves at the October election. That our present con¬ 
stitution requires important amendments, is the daily 
admission of men of all parties, and gentlemen, too, of 
intelligence. Then why not have a new constitution, 
embodying all the improvements that the most favored 
states have advised or adopted ? Our fathers never in¬ 
tended that government should continue permanently 
fixed on the basis they made. No, they all spoke 
about the progress of mind, and of democratic improve¬ 
ment. They knew that government would be monop¬ 
olized by viscious or ignorant men, if new provisions 
were not introduced to disarm them of usurped power 
and prevent abuses that could not be foreseen by the 
accumulated wisdom of those whe formed our constitu¬ 
tions—hence they took care to provide for amendments 
and alterations, and for a total abolishment of their own 
labors. 

Whenever the masses are rode down by high taxes 
and excessive state debts, or have officers elected over 
them, who are not held in check by constitutional pro¬ 
visions or legal means, it is time the fundamental law 
was changed. 

A government without a constitution, is power with¬ 
out right ; and a constitution not made or ratified by 
the People is a dead letter. Such is the case in Ohio. 
The constitution we have was never ratified by the sov¬ 
ereigns, and it is behind the w T ants of the age. A con¬ 
stitution, then, is demanded, in which all delegated 
power is declared to be in trust, from the People ; and 
wherein all assumed power is denounced as a usurpa¬ 
tion, and to be punished as such. 

Another provision is demanded—the Veto —so that 
the people may not be crushed by an oligarchy, or 
banded crew of log-rolling legislators, who buy and sell 
us at pleasure, “like cattle in the market.” No gov¬ 
ernment can be Republican unless the Veto exist in some 
shape, so that bad men may not engraft tyrannical laws 
on the statute books, or ignorant dupes enact partial, 
hasty or corrupt ones. Every law should be proposed 
in the publicprints ere it is enacted, and, then, if pass¬ 
ed against the public will, no Governor would dare 
sanction it, unless disposed to stem a torrent that 
would consign his party and himself to ignominy.-— 
Numbers may do a wrong, in legislative halls, that a 
single executive would shudder to accomplish. Hence 
we look to the Veto, as a social, moral, and political 
good, and in all our reforms shall advocate it boldly. 
******* 

Some are in favor of biennial legislative sessions ; 
but others hold, with Franklin, that when annual ses¬ 
sions cease, tyranny is near at hand. The fewer pow¬ 
ers the people part with, and the shorter the period, the 
better Men, who are elected too long to office, often 
take liberties, in proportion to the powers conferred, or 
become reckless of their duties and heedless of the 
people’s interests. Hence the few, who desire exclu¬ 
sive benefits, take advantage of them, and endanger 
Liberty. Agents, in any business, should often be 
called to account, but especially Legislators, Fiscal 
Agents, and Executive officers. They should, by im¬ 
partial investigations, be made to show clean hands, 
that the public may know the condition of their finan¬ 
ces and every important transaction of the administra¬ 
tion. The danger with us, is over-legislation, which 









224 


THE NEW CONSTITUTION. 


arises from the fact that months upon months are squan¬ 
dered on local laws to benefit monopolists, speculators, 
and dronish stock-brokers. There is not a year in 
Ohio, in which the general laws could not all be ma¬ 
tured, framed, engrossed and passed in 20 days. But 
we are eaten up with special legislation, which is rob¬ 
bing the many of power, encroaching on the rights of 
the masses, and conferring new privileges on the few, 
whose interests are always protected by society. 

Every year sees hordes of drones surrounding the 
Capital, who seek favors for hungry, mushroom aris¬ 
tocracy, who are too proud to engage in honourable or 
virtuous pursuits, and too dishonest to await the accu¬ 
mulated profits of patient, honest toil—hence they are 
not “too provd to beg” benefits of the legislature, 
which they would be ashamed to do of individuals ; 
and their aim is—to rob Paul here, and Peter there, 
and escape the onerous burdens that necessarily fall on 
the masses. 

Our fathers fought for equal rights —the birth right of 
the many ; our cunning drones would extinguish the 
light of reason, and dethrone justice ; for, on the ruins 
of liberty, the aristocracy always erect their palaces of 
prodigality and grandeur, and sanctuaries of error, vice 
and hypocrisy. 

From the Philadelphia North American. 

A Sketch of Hungary. 

The recent revolutionary movements iu the Hunga 
rian provinces, and the noble stand they may yet make 
against the two powerful armies of Austria and Rus¬ 
sia, have induced one of your constant readers to have 
resort to several geographies and gazeteers, with a view 
to inform himself of its extent, population, &c., &c. 
But as these contain no statistics, he has hastily thrown 
together the following short account of upperand low¬ 
er Hungary, the statistics being taken from Maggre- 
gor’s work, published in London in 1844. 

In the 14th and 15th centuries, Hungary comprised 
part of modern Poland and European Turkey, and was 
divided into ten separate governments or kingdoms, 
viz: Hungary proper, Croatia, Sclavonia, Dalmatia, 
Bosnia, Balgarir, Moldavia, Lordomia and Transylva¬ 
nia. Several of these provinces have since been de¬ 
tached from Hungary, and it now forms a part of the 
Austrian Dominions, being bounded on the west by a 
part of Germany—north by Gallicia, from which it is 
separated by the Carpathean Mountains—east by Tran¬ 
sylvania and Wallachia, and south by Turkey, Sclav¬ 
onia and Croatia. Its present territorial extent is.84,- 
590 square miles. Thus it is nearly twice as large as 
the State of New York. 

It was formerly known as Upper and Lower Hun¬ 
gary, but this division has been superseded, and it is 
now separated into the following six circles, viz :—Cir¬ 
cle this side the Danube, circles beyond the Danube, 
circle this side the Theyss, circle beyond the Theyss, 
Province of Sclavonia, Province of Croatia. These 
circles are divided into counties, of which there are 13 
in the first circle, and 11 in each of the others. The 
principal rivers are the Danube, the Drave, ihe Mar- 
esch, the March, the White, Koresch, the Izarnos, the 
Theyss, the Waag, and the Ternes. 

It contains 56 large towns, 751 market towns, 11,- 
706 villages, 1,307, 172 houses, 2,885,500 families, 5,- 
917,202 males, 6,179,000 females. Total population 
12,096,202. Of these, about 6,500,000 are Roman 
Catholics, and about 2,000,000 of the Greek church, 
about 1,000,000 Lutherans, 2,000,000 Calvinists, 250, 
000 Jews ; and its regular army is 56,000 men. 

There are about 15,000,000 of English acres of ara¬ 
ble land, 1,330,000 vineyards, 4,800,200 gardens, 4,- 
850,000 pastures, and 15,000,000 English acres of 
woodland—whole number of acres being about 340,- 


000,000 , 4,500,000 head of horned cattle, 650,000 hor¬ 
ses, 8,000,000 sheep. 

Buda is the capital, stands on the right bank of the 
Danube, and has 25,000 inhabitants. It was once the 
residence of the Kings of Hungary, say till 1526, 
when it was taken by the Turks. For 160 years it 
was contested between them and the Christians, and it 
was finally surrendered to the latter in 1686. In 1810 
600 houses were destroyed by fire, but they have been 
replaced with improved buildings. 

Immediately opposite Buda, on the east side of the 
Danube, is Pesth, which is the largest city in Hunga¬ 
ry. It is well built, containing mauy elegant public 
buildings and mansions of the Hungarian nobility. Its 
University is one of the most richly endowed on the 
continent of Europe, and this city of Besth contains 
about 60,000 inhabitants ; it is about 130 miles east 
southeast oi Vienna. 

Throughout Hungary the Sclavonian population are 
the most numerous, and perform the most servile kinds 
of labor. The Magyars—the original Hungarians— 

| though generally illiterate, are a spirited and intelli¬ 
gent race, fond of active employment and military life 
—avoiding as much as possible, either labor or traffic. 
In 1837 there were not less than 259,648 privileged no¬ 
blemen. The number since that time has considerably 
increased. They pay no taxes, are thus very burthen- 
some, and greatly retard the advancement of the most 
generally fertile kingdom in Europe, which also suffers 
much from the want of good roads and cheap trans¬ 
portation. 

In the absence of a better account of the Hunga¬ 
rian country, this sketch taken from several of the best 
books within reach of the writer, will probably be ac¬ 
ceptable to your numerous readers. Its large popula¬ 
tion will surprise many, but that statement, with all 
the other statistics, may be relied upon, having been 
collected from 1836 to 1839, by John Maggregor, one 
of the Secretaries of the Board of Trade London, and 
published in 1844. 

United States and Hungary. —A letter is published, 
dated June 25, from John M. Clayton, Secretary of 
State, to L. R. Breisach. It acknowledges the receipt 
of the proceedings of the Hungarian meeting in New 
York, and says, in the name of the President, that the 
United States will recognize Hungary if she maintains 
her independence “in this unequal contest.” There is 
no sympathy expressed for that struggling nation. 

The new Parliament House of England has cost over 
ten millions of dollars. The buildings form an im¬ 
mense pile, and are designated, the new Palace at 
Westminister. It has been pronounced a complete 
failure. „ 

Hon. Horace Mann is engaged in writing a history 
of Common Schools in Massachusetts. From his ca¬ 
pacity and his acquaintance with the subject, we antic¬ 
ipate a work valuable to the cause of education. 

O’Back No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 

“the new constitution. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

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THE NEW CONSTITUTION. 


“ POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 


Vol. I. Columbus, Ohio, Saturday, August 11, 1849 No. 15- 


Postage. —The postage on this work is the same as 
on a newspaper. 

0= The article in the present No. from the Demo¬ 
cratic Review, on Primogeniture and Entail, will be 
found of exceeding interest. 

O' The article on Constitutional Reform in “The 
New Constitution ” of to-day, will well repay an at¬ 
tentive perusal. 

0= “A Mechanic,” in our paper of to day, opens 
up a subject to which public attention is rapidly being 
attracted. 

The American Citizen and the British 
Colonist. 

The London Spectator in an article on Canadian af¬ 
fairs, presents the following contrast which is beautifuly 

drawn, and cannot be contemplated without some re¬ 
flections pointing to future consequences: 

“The career that lies before two men, ona of whom 
has been born and lives upon the southern shores of 
the St. Lawrence, and the other on the north of that 
river, ss a striking example of the observation here 
made. The one is a citizen of the United States, the 
other a subject of England, a Canadian colonist. The 

one has a country which he can call his own; a great 

country, already distinguished in arms, in arts, and in 
some degree in literature. In his country’s honor and 
fame the American has a share, and he enters upon his 
career of life with lofty aspirations, hoping to achieve 
fame himself in some of the many paths to renown 
which his country offers. She has a Senate, an 
Army, a Navy, a Bar, many powerful and rich church¬ 
es, her men of science, her physicians, philosophers, 
are all a national brotherhood, giving and reciving dis¬ 
tinction. How galling to the poor colonist is the con¬ 
trast to this which his inglorious career affords. He 
has no country; the place where he was born, and 
where he is to’linger out his life, unknown to fame, has 
no history—no past glory, no present renown. What 
there is of note is England’s! Canada is not a nation; 
she is a colony—a tiny sphere, the satellite of a mighty 
star, in whose brightness she is lost. Canada has no Navy, 
no Army, no literature, no brotherhood of science. If 
then, a Canadian looks for honor in any of these various 
fields, he must seek it as an Englishman, he must for¬ 
get and desert his country before he can be known to 
fame. We must not then wonder if we find every intel¬ 
ligent and ambitious Canadian with a feeling of bitter¬ 
ness in his heart, because of his own inferiority of con¬ 
dition. Few will own to entertaining this feeling, if 
they be prudent, even to friends; some indeed, contrive 
to hide it from themselves; nevertheless, thereit is, and 
must be, so long as his country remains a colony.” 


State Govcrmnciat for Califoriiia. 

The neglect of the last Congress to pass a law for 
the government of the newly acquired territory of 
California, has induced Gen. Riley, acting governor of 
the territory to issue the following Proclamation, in re¬ 
lation to the formation of a state government. 

To the People of California : 

Congress having failed at its recent session to pro¬ 
vide a new Government for this country to re-place that 
which existed on the annexation of California to the 
United States, the undersigned would call attention to 
the means which he deems best calculated to avoid the 
embarrassments of our present position. 

The undersigned, in accordance with instructions 
from theSecretaiy of War, has assumed the adminis¬ 
tration of civil arfairs in California, not as a military 
Governor, but as the executive of the existing civil 
government. In the absence of a properly appointed 
civil Governor, the commanding officer of the Depart¬ 
ment, is, by the laws of California, ex-officio civil Gov¬ 
ernor of the country, and the instructions from Wash- 
j ington were based on the provisions of these laws.— 

■ This subject has been misrepresented or at least, mis- 
* conceived, and currency given to the impression that 
the Government of the country is still military. Such 
is not the fact. The military Government ended with 
( the war, and what remains is the civil Government re¬ 
cognized in the existing laws of California. 

Although the command of the troops in this Depart¬ 
ment and the administration of civil affairs in Califor¬ 
nia are, by the existing laws of the country and the in¬ 
structions of the President of the United States. ternDO- 
rarily lodged in the hands of the same individual, they 
are separate and distinct. No military officer other 
than the commanding General of the Department ex¬ 
ercises any civil authority by virtue of his military 
commission, and the powers of the commanding Gen¬ 
eral as ex-officio Governor are only such as are defined 
and recognized in the existing laws. The instructions 
of the Secretary of War make it the duty of all mili¬ 
tary officers to recognize the existing civil government 
and to aid its officers with the military force under their 
control. Beyond this any interference is not only un- 
1 called for but strictly forbidden. 

The laws of California, not inconsistent with the 
laws, constitution and treaties of the United States, are 
still in force and must continue in force till changed by 
competent authority. Whatever may be thought of 
the right of the people to temporarily replace the offi¬ 
cers of the existing Government by others appointed 
by a Provisional Territorial Legislature, there can be no 
question that the existing laws of the country must 
continue in force till replaced by others made and 
enacted by competent power. That power by treaty 
of peace, as well as from the nature of the case, is 
vested in Congress. The situation of California in this 
respect is very different from that of Oregon. The 
latter was without laws, while the former has a system 
of laws, which, though somewhat defective and re- 






















220 


THE NEW CONSTITUTION. 


quiringmany changes and amendments, mustcontiuue 
in force till repealed by competent legislative power. 

The situation of California is almost identical with 
that of Louisiana, and the decisions of the Supreme 
Court in recognizing the validity of the laws which 
existed in that country previous to its .annexation to the 
United States, where not inconsistent with the Consti¬ 
tution and laws of the United States, or repealed by 
legitimate legislative enactments, furnish us a clear and 
safe guide in our present situation. It is important 
that citizens.should understand this fact, so as not to 
endanger their property and involve themselves in use¬ 
less and expensive litigation by giving countenance to 
persons claiming authority which is not given them by 
law and by putting faith in laws which can never be 
recognized by legitimate courts. 

As Congress has failed to organize a new Territorial 
government, it becomes our imperative duty to take 
some active measures to provide for the existing wants 
of the country. This, it is thought, may be best ac¬ 
complished by putting in full vigor the administration 
of tiie laws as they now exist, and completing the or¬ 
ganization of the civil government by the election and 
appointment of all officers recognized by law : While 
at the same time a Convention, in which all parts of 
the territory are represented, shall meet and frame 
a State Constitution or a Territorial organization, to be 
submitted to the people for their ratification and then 
propose to Congress for its approval. Considerable 
time will necessarily elapse before any new govern¬ 
ment can be legitimately organized and put in opera¬ 
tion. In the interim the existing government, if its or¬ 
ganization be completed, will be found sufficient for all 
our temporary wants. 

A brief summary of the organization of the present 
Government may not be uninteresting. It consists, 1st, 
of a Governor, appointed by the Supreme Govern¬ 
ment ; in default of such appointment the office is 
temporarily vested in the commanding military officer 
of the Department. The powers and duties of the 
Governor are of a limited character, but fully defined 
and pointed out by the law's. 2d. A Secretary, whose 
duties and powers are also properly defined. 3d. A 
Territorial or Departmental Legislature, with limited 
powers to pass laws of a local character. 4th. A Su¬ 
perior Court (Tribunal Superior) of the Territory, 
consisting of four Judges and a Fiscal. 5th. A Pre¬ 
fect and sub-Prefeet for each district, who are charged 
with the preservation of public order and the execution 
of the laws ; their duties correspond in a great measure 
with those of District Marshals and Sheriffs. 6th. A 
Judge of First Instance for each District. This office 
is by a custom not inconsistent with the laws, vested in 
the first Alcalde of the District. 7th. Alcaldes, who 
have concurrent jurisdiction among themselves in the 
same District, but are subordinate to the higher judi¬ 
cial tribunals. 8th. Local Justices of the Peace. 9th. 
Ayuntamienlos or Town Councils. The powers and 
functions of all these officers are fully defined in the 
laws of this country, and are almost identical with 
those of the corresponding officers in the Atlantic or 
Western States. 

In order to complete this organization with the least 
possible delay, the undersigned, in virtue of power in 
him vested, does hereby appoint the first of August 
next as the day for holding a special election for Dele¬ 
gates to a general Convention, and for filling the offices 
of Judges of the Supreme Court, Prefects and sub- 
Prefects, and all vacancies in the offices of 1st Alcalde, 
(or Judge of first Instance,) Alcaldes, Justices of the 
Peace, and Town Councils. The Judges of theSupe- 
rior Court, and the Prefects are by law executive ap¬ 
pointments, but being desirous that the wishes of the 
people should be fully consulted, the^Governor will ap¬ 


point such persons as may receive the plurality of 
votes in their respective districts; provided that they 
are competent and eligible to the office. Euch District 
will therefore elect a Prefect and twm sub-Prefects, and 
fill the vacancies in the offices of 1st Alcalde,(or Judge 
of First Instance) and of Alcaldes. 

One Judge of the Supreme Court will be elected in 
the Districts of San Diego, Los Angelos and Santa 
Barbara ; one in the Districts of San Luis Obispo and 
Monterey ; one in the Districts of San Jose and Fran¬ 
cisco ; and one in the Districts of Sonoma, Sacramento 
and San Joaquin. The salaries of the Judges of the 
Superior Court, the Prefects and Judges of' the First 
Instance are regulated by the Governor, but cannot ex¬ 
ceed, for the first $4000 per annum, for the second 
$2,500, and for the third $1,500. These salaries will 
be paid out of the civil fund which has been formed 
from the proceeds of the customs, provided no instruc¬ 
tions to the contrary are received from Washington.— 
The law requires that the Judges of the Superior Court 
meet within three months after its organization, and 
form a tariff of fees for the different Territorial Courts 
and legal officers, including all Alcades, Justices of the 
Peace, Sheriffs, Constables, &c. 

All local Alcades, Justices of the Peace and mem¬ 
bers of Town Councils elected at the special election, 
will continue in office till the 1st January, 1850, when 
their places will be supplied by the persons who may 
be elected at the regular annual election, which takes 
place in November, at which jthe election of members 
to the Territorial Assembly will also be held. 

The Federal Convention for forming a State Consti¬ 
tution or plan for a Territorial Government, will con¬ 
sist of 37 Delegates, who will meet in Monterey on the 
first day of September next. These delegates will be 
chosen as follows: 

The District of San Diego will elect two delegates, 
of Los Angelos four, of Santa Barbara two, of San 
Luis Obispo two, of Monterey five, of San Jose five, of 
San Francisco five, of Sonoma four, of Sacramento 
four, of San Joaquin four. Should any District think 
it entitled to a greater number of delegates than that 
above named, it may elect supernumeraries, who, on 
the organization of the Convention, will be admitted or 
not, at the pleasure of that body 

The places for holding the election will be as follows: 
San Diego, San Juan Capistrano, Los Angelos, San 
Fernando, San Buenaventuara, Santa Barbara, Nepo- 
ma, San Luis Obispo, Monterey, San Juan Bauliste 
Santa Cruz, San Jose de Guadalupe, San Francisco, 
San Rafael, Bodega, Sonoma, Benecia. (The places, 
for holding election in the Sacramento and San Joaquin 
Districts will be hereafter designated.) The local Al¬ 
caldes and members of the Ayuntamientos or Town 
Councils will act as Judges and Inspectors of Elec¬ 
tions. In case there should be less than three such 
Judges and Inspectors present at each of the places de¬ 
signated on the day of election, the people will appoint 
some competent persons to fill the vacancies. The 
polls will be open from 10 o’clock A. M. to 4 P. M., or 
until sunset if the Judges deem it necessary. 

Every free male citizen of the United States and of 
Upper California, 21 years of age, and actually resi¬ 
dent in the district where the vote is offered, will be en¬ 
titled to the right of suffrage. All citizens of Lower 
California who have been forced to come to this territo¬ 
ry on account of rendering assistance to the American 
troops during the recent war with Mexico, should also 
be allowed to vote in the district where they actually 
reside. 

Great care should be taken by the Inspectors that 
votes are received only from bona fide citizens actually 
resident in the country. The Judges and Inspectors 
previous to entering upon the duties of their office, 






THE NEW CONSTITUTION. 


227 


should take an oath faithfully and truly to perform 
these duties. The returns should state distinctly the 
number of votes received for each candidate, be signed 
by the inspectors, sealed and immediately transmitted 
to the Secretary of State for file in his office. 

The following are the limits of the several Districts: 

1. The District of San Diego is bounded on the 
south by Lower California, on the west by the sea, on 
the north by the parallel of latitude including the mis¬ 
sion of San Juan Capstrauo, and on the east by Colo¬ 
rado river. 

2. The District of Los Angelos is bounded on the 
south by the District of San Diego, on the west by the 
sea, on the north by the Santa Clara river, and a paral¬ 
lel of latitude running from the head waters of that riv¬ 
er to th« Colorado. 

3. The District of Santa Barbara is bounded on the 
south by the District of Los Angelos, on the north by 
Santa Inez river and a parallel of latitude existing from 
the head waters of that river to the summit of the coast 
range of mountains. 

4. The District of San Luis Obispo is bounded on 
the south by the District of Santa Barbara, on the west 
by the sea. on the north by a parallel of latitude inclu¬ 
ding San Miguel, and on the east by the coast range of 
mountains. 

5. The District of Monterey is bounded on the south 
by the District of San Luis, and on the north and 
east by a line running east from New Year’s Point to 
the summit of the Santa Clararange of mountains, 
thence along the summit of that range to the Arroya 
de los Leagas and a parallel of latitude extending to the 
summit of the coast range and along that range to the 
District of San Luis. 

6. The District of San Jose is bounded on the 
north by the Straits of Carquenas, the Bay of San 
Francisco, the Arroya of San Francisquito and a par¬ 
allel of latitude to the summit of Santa Clara moun¬ 
tains, on the west and south by the Santa Clara moun¬ 
tains, and the District of Monterey, and on the east by 
the coast of range. 

7. The District of San Francisco is bounded on 
the west by the sea, on the south by the Districts of 
San Jose and Monterey, and on the east and north by 
the bay of San Francisco, including the islands in that 
bay. 

8. The District of Sonoma includes all the country 
bounded by the sea, the bays of San Francisco and 
Suisun, the Sacramento river and Oregon. 

9. The District of Sacramento is bpunded on the 
north and west by the Sacramento river, on the east 
by the Sierra Nevada, and on the south by the Cos- 
umnes river. 

10. The District of San Joaquin includes all the 
country south of the Sacramento District, and lying 
between the coast range and the Sierra Nevada. 

The method here indicated to attain what is desired 
by all, viz: a more perfect political organization, is 
deemed the most direct and safe that can be adopted, 
and one fully authorized by law. It is the course ad¬ 
vised by the President and by the Secretaries of State 
and of War, of the United States, and is calculated to 
avoid the innumerable evils which must necessarily re¬ 
sult from any attempt at illegal local legislation. It is 
therefore hoped that it will meet the approbation of the 
people of California, and that all good citizens will 
unite in carrying it into execution. 

Given at Monterey, Colifornia, this third day of 
June, A. D. (Signed) B. RILEY. 

Shortly after the publication of the Proclamation of 
Gov. Riley, the people of the Territory met in mass 
convention at San Francisco for the purpose of taking 


the initiatory steps for forming a State Constitution and 
applying, at the next session of Congress, for the ad¬ 
mission of California into the Union as a State. The 
resolutions reported to the meeting by Myron Nor¬ 
ton, Esq., with the action thereon, were as follows : 

Resolved, That the Congress of the United States hav¬ 
ing failed to pass any law for the government of this 
country, the people of California iiave the undoubted 
right to organize a government for their own protec¬ 
tion. 

Resolved, That the people of California are called up¬ 
on by an imperative sense of duty, to assemble in their 
sovreign capacity, and elect delegates to a convention to 
form a constitution for a State government, that the 
great and growing interests of California may be rep¬ 
resented in the next Congress of the United States, and 
that the people of this country may have the necessary 
protection of law. 

Resolved, That we earnestly invite our fellow citi¬ 
zens at large to unite with us in our efforts to establish 
a government in accordance with the constitution of 
our beloved country, and that a committee of five per¬ 
sons be appointed by the President of this meeting, to 
correspond with the other districts and fix an early day 
for the election of delegates and the meeting of the con¬ 
vention, and also to determine the number of delegates 
which should be elected from this district. 

Maj. Barry opposed the resolutions. Gen. Morse of¬ 
fered an amendment to the last resolution, to the effect 
that the meeting adopt, for the time, the days appoint¬ 
ed by Gen. Riley. 

Col. J. D. Stevenson opposed the amendment. 

After some little discussion, the amendment was 
rejected, and the vote being taken upon the origi¬ 
nal resolutions, they were adopted. 

The Chairman, in accordance with the last resolu¬ 
tion, then appointed the following committee: 

Peter H. Burnett, W. D. M. Howard, Myron Norton, 
E. Gould Buffum, Edward Gilbert. 

The meeting was then addressed by Edward Gilbert. 

On motion the meeting adjourned sine die. 

Origin of El Dorado. 

The origin of the term El Dorado has just now a 
particular interest for many. The following explana¬ 
tion is given of it: 

In 1541, Gonzalo Pizarro, brother of the conquerer 
of Peru, marched from Duta to seek the imagined 
kingdom of gold, believed from some accounts of the 
Aboriginies, to exist east of the Andes. 

The monarch of this fabulous kingdom was said, in 
order to wear a more magnificent attire than any oth¬ 
er king in the world, to be adorned in a daily coating 
of gold, 11 is body w r as anointed every morning with 
a rare and fragrant gem, and gold dust was blown over 
him through a tube. Thusattired the Spaniards called 
him El Dorado, (the Gilded King.) He wrs said to 
reside generally in the superb city of Manoa, in one 
street of which there was said to be no less than 3000 
silversmiths or silver workers. The columns of his 
palace were affirmed to be porphyry and alabaster, his 
throne ivory, and its steps gold; the body of the palace 
was of white stone, ornamented with golden suns and 
silver moons; living lions, fastened by chains of gold, 
guarded its entrance. 

Warehouses for California. —The ship Tyrow, re¬ 
cently sailed from New Orleans to Son Francisco, 
with a large and promiscuous cargo to the gold regions, 
amongst which, was two large warehouses complete, 
and sufficient to construct fifty-five houses, together 
with two engines and appertenances. 










228 


THE NEW CONSTITUTION. 


From the Democratic Review of July, 1849. 
PRIMOGENITURE AND ENTAIL. 

Americans universally condemn these laws, and 
most justly too ; hut do we not lose much of the wis¬ 
dom of experience by condemning on the first appear¬ 
ance of wrong and injustice, without tracing the many 
injurious and baneful influences to their primary 
source. To the student these laws are peculiarly inter¬ 
esting ; but to the people they are of vital importance. 
It is now too late to trust to accidental changes and im¬ 
provements in our social relations ; every evil can be 
traced, with proper diligence, to its primary cause, and 
may be remedied by the peaceful but all-powerful 
workings of our moral and intellectual forces. Polit¬ 
ical faith is no longer superior to our religious convic¬ 
tions. 

We maintained in our previous number, that free 
thought and free action are necessary to the develop¬ 
ment of mind, which no one will deny, and that equal¬ 
ity stimulates all the energies of society, by presenting 
the various fields of interest and ambition 'o the com¬ 
petition of every member. The laws under considera¬ 
tion are directly opposed to the idea of equality, and 
are therefore contrary to the spirit of our institutions. 
Before we examine the influences, which they exerted, 
we will take a view of the laws themselves. 

The third rule in the canons of English descent is— 
that where there are two or more males in equal de¬ 
grees, the eldest only shall inherit ; but the females 
shall take together. “This right of primogeniture in 
males,” says Blackstone, “seems to have obtained 
among the Jews.” During the time of Henry the first, 
“the eldest son had the capital fee, or principal feud of 
his father’s possessions.” There appears to be much 
difference of opinion as to the period and place, when 
and where, this law was first introduced ; it is not, 
however, so important to know these facts, but rather 
the reasons for it; tire objects sought to be effected by 
it ; and the manner and extent of its influence. The 
Greeks, ihe Romans, the Britons, and the Saxons, were 
in the constant practice of dividing their property 
equally among theirchildren ; or, in some instances, 
among the males only. But society was broken up, 
and, \yith the new order of things, honorary feuds, or 
titles of nobility, were introduced ; it therefore became 
necessary to make the estates impartable, and descendi¬ 
ble to the eldest son alone. This was rendered neces¬ 
sary, not only to keep up a distinct nobility, but to se¬ 
cure the military services by which the feud was held. 
The eldest son was the first one competent to discharge 
the services ; it was therefore proper for him to take 
the honors and assume the responsibilities of the feud. 
Females were excluded—for, by marriage, they might 
introduce a stranger into the family of her lord, the 
feudal relations and interests of whom might prevent a 
faithful discharge of the duties and services attaching 
to the feud. These were the reasons upon which the 
rule was based, and were the legitimate offspringof the 
feudal relation ; but they ceased to exist as soon as 
that system expired. But those most benefited by this 
rule found other reasons for continuing it. The feudal 
distinctions had given it birth ; and it was found essen¬ 
tial to maintain a portion of those privileges after the 
new order of things had been introduced. The feudal 
system was broken down by the growing importance of 
the people ; but its roots had penetrated the very 
frame-work of society, and could not be removed im¬ 
mediately. A sickly and effeminate offspring sprung 
up out ol the ruins of the old system, which primogen¬ 
iture and entail nursed into the present nobility. 

Estates-tail grew out of the old conditional fees, and 
were fostered by the same spirit and influences that its 
correlative depended upon. Before the statute West¬ 


minster the Second, lands and estates left to a man and 
his heirs, were considered a conditional fee ; and as 
soon as he had an heir the condition was performed, 
and he could dispose of the estate. This was objec¬ 
tionable to the nobility ; they wished to perpetuate 
theirpossessions in their own families, as it was con¬ 
sidered the only sure foundation for the distinctions 
they enjoyed ; they therefore procured the passage of 
the act, called the statute de donis, by which the inten¬ 
tions of the donor were carried out. This statute re¬ 
vived the feudal restraints by limiting the estate to the 
donee and his heirs, if any ; if none, then it reverted 
to the donor. This new estate was denominated a fee- 
tail. Blackstone says : “The establishment of this 
family law occasioned infinite difficulties and disputes ; 
children grew disobedient when they knew that they 
could not be set aside ; creditors were defrauded of 
their debts,” for the estate could not be affected ; and 
subjects became indifferent to their obligations, for their 
possessions were not subject to forfeiture. For these 
reasons estates-tail “were justly branded as the source 
of new contentions and mischiefs unknown to the com¬ 
mon law, and almost universally considered as thecom- 
mon grievance of the realm. But as the nobility were 
always fond of this statute, because it preserved their 
family estates from forfeiture, there was little hope of 
procuring a repeal by the legislature.” 

The difficulty was overcome by an act of judicial le¬ 
gislation, during the reign of Edward IV. The king 
discovered, in the difficulties between the houses of 
York and Lancaster, that attainder had little or no ef¬ 
fect, as their estates were protected by this statute. To 
avoid this, and give new direction to these estates, Tal- 
taruen’sease was brought before the court, and the 
judges decided that fees-tail might be barred by com¬ 
mon recovery, which Blackstone says was a kind of 
piafraus, introduced to elude the statute. This was 
the first blow struck at such estates, aud was soon fol¬ 
lowed by a law declaring that all estates of inheritance, 
(“under which general words estates-tail were correct¬ 
ly included,”) were forfeited to the king upon any 
conviction of high treason. This question was not 
settled for upwards of two hundred and twenty years. 
There was much difficulty, during the reign of James 
II., in settling the principle in the case of Lord Gray, 
who was engaged with Monmouth in his invasion ; 
and from the fact that his life was spared on the condi¬ 
tion of a ransom of forty thousand pounds to the treas¬ 
urers, and smaller sums to other courtiers, because his 
estate could not be affected, we infer that the previous 
decisions were overruled. No open and clearly defined 
statute against these estates could be passed—hence the 
necessity of passing general laws, subject to the con¬ 
struction of the judges, who it seems were always ac¬ 
quainted with the wishes of the appointing power.— 
By successive statutes, and repeated judicial construc¬ 
tions, estates-tail have been greatly relieved. They are 
now changed by the joint consent of the donee and 
heir ; and new settlements are regularly made to suit 
the emergencies of the family. 

These laws are a part and parcel of the same ma¬ 
chinery ; and as they arose out of, and have been fos¬ 
tered by, the same spirit, they are aiways treated of in 
connection with each other. The law of primogeni¬ 
ture in its operation secures a limited or special-tail- 
male estate. By one the landed property may be kept 
in the family, either between the heirs, generally, or 
some particular one ; by the other the eldest son takes 
alone. The anti-republican tendency of these laws 
manifested itself early in the history of our own coun¬ 
try ; for this reason they were abolished soon after the 
Revolution. Estates-tail wereabolished in Virginia, on 
motion of Mr. Jefferson, as early as 1776, and in New- 







THE NEW CONSTITUTION. 


229 


York in 1786,many large grants of land were made to 
individuals in the southern and middle states, and as 
these proprietors were “desirous of maintaining the 
splendor of their families, they entailed their property 
upon their descendants. “The transmission of these 
estates from generation to generation,” says Mr. Jeffer¬ 
son, “to men who bore the same name, had the effect 
of raising up a distinct class of families, who, posses¬ 
sing by law the privilege of perpetuating their wealth, 
formed by these means a sort of patrician order, dis¬ 
tinguished by the grandeur and luxury of their estab¬ 
lishments. From this order it was that the king usu¬ 
ally chose his councillors of state.” The evils result¬ 
ing from this law caused its destruction in the first 
stages of the Revolution. 

In order to trace the influence of these laws upon 
society', we are compelled to turn to France, where the 
changes have been gradual. That country, unfortu¬ 
nate in many things, but glorious in others, has passed 
from the grand vassalage, under Hugh Capet, one ex¬ 
treme, to the compulsory division of landed property, 
under the Emperor and the Republic, which may be 
termed the ether extreme ; for this goes beyond the 
laws of descent in our own country. Each successive 
revolution had the effect of distributing property more 
equally among the people, and of approximating the 
government aud the governed. If we turn to the 
times of Hugh Capet, we will find that the people en¬ 
joyed few, if any, important privileges ; they were but 
living instruments, in the hands of, and subject to the 
control of the grand vassals. The whole territory of 
France was held by twelve of these grand proprietors, 
including the five ecclesiastical peers, created by r Capet, 
for the protection and support of the church. The 
feudal foundation of these twelve pillars gave way af¬ 
ter the enfranchisement of all Christians, by the bull 
of Alexander III., and the introduction of the arts and 
sciences. The Christian world felt the beneficial ef¬ 
fects of this famous bull, and published them to poster¬ 
ity' by the evidences of an improved intellectual and 
moral condition. The storms and tempests of war had 
exhausted their power upon these iron-bound columns, 
without affecting theedifice : the gentler influences of 
moral enfranchisement and increased knowledge, grad¬ 
ually removing the foundation thereof, felled them to 
the ground. The grand vassalage was superseded by 
the grand seigniory. Two hundred of these exercised 
the powers and enjoyed the privileges of the twelve 
vassals This increased number, and consequent di¬ 
vision of property, brought the people nearer the gov¬ 
ernment, and thus improved their political and social 
condition ; for, so many of their own number could not 
be promoted without exerting a very' greatinfluence on 
the whole body politic. This partition or division of 
landed-property, was both the causa and the effect. It 
was the result of a force, which increased in proportion 
to the effect it had upon society'. It resulted from the 
improvement that was gradually going on ; and con¬ 
tributed to quicken the spirit that gave it birth. The 
grand seigniory, like its predecessor, yielded in its turn 
to a further division of landed property', and of politi¬ 
cal power. Printing had added fire to the spirit of im¬ 
provement. Religion had received a more enlarged 
and liberal enfranchisement by the bulls of Luther in 
Germany,—Wickliffe, in England,—and Calvin, in 
France. Two hundred grand seigniories were not now 
sufficient to represent the people, or support the gov¬ 
ernment. Richelieu threw into the harvest his sword 
of fire ; and the grand seigniory wasted before it, as 
before the stroke of destiny. Their wrecks were scat¬ 
tered over the country, like so many worn out and use¬ 
less wheels and movements of machinery, which the 
improvements of time had superseded. Louis XV. 


found it necessary to create fifty thousand proprietors, 
to supply the place of the two hundred that had been 
swept away. This division of landed property had an im¬ 
mense influence on the political rights, and moral aud 
intellectual character of the people; and finally pre¬ 
pared the way for a full investigation of all laws con¬ 
nected with the descent and distribution of landed- 
property. In 1755, the Marquis de Mirabeau, the fa¬ 
ther of the celebrated Mirabeau of the Revolution, 
made a bold attack upon the swollen estates in France. 
“They were given over,” he asserted, “into the hands 
of tenauts-at-will, or intrusted to indolent stewards, 
charged with furnishing the means of dissipation and 
luxury to their owners, who, passing their lives in 
towns, were too proud to look after their estates.”— 
Many of the most injurious effects were traced to this 
cause ; it was therefore considered a matter of polit¬ 
ical, as well as moral interest, to remedy the evil. The 
state was badly governed by' a class which had no sym¬ 
pathy witli the people ; and whose natural indolence 
and hereditary' vices were fostered by the advantages 
secured to them. Under these circumstances Mirabeau 
contended that the subdivision of the territory would 
give vitality to the state, by encouraging industry, and 
by furnishing the means to insure its just reward.— 
“The friend of man” excited a deeper interest in ques¬ 
tions of this character, than had ever before existed. 
They were linked with, and made part and parcel of, 
every measure of political reform. We have thus seen 
that every important change, from Capet’s time, down 
to that period, in which liberty degenerated into bar¬ 
barity, was connected with, if they did not depend up¬ 
on, the division of landed-property. As proprietors 
increased, their individual power and distinction de¬ 
creased. It was less an object to maintain their privi¬ 
leges, and they were less able to do so, if desired.— 
These privileges were brought nearer the people, who, 
stimulated by the prospect, made increased efforts to 
possess them themselves. The grand vassals were not 
thus to crush the half-formed hope of their oppressed 
kindred. The grand seigniory, stifled by the spirit 
that gave it birth, was no longer thus to over-awe the 
humble by lordly equipage. The Orleans dynasty was 
as powerless as its defunct predecessors. The fifty 
thousand aristocrats of Louis were succeeded by thirty 
millions of men, who, being without those principles 
so indispensably necessary to liberty, were huriied in¬ 
to the grossest acts of inhumanity ; but the fact that 
they degraded themselves to the utmost extent, has 
nothing to do with our argument. We do not say that 
these advances resulted solely from the increase of pro¬ 
prietors, but we do assert that it had much to do in pro¬ 
ducing the grand result ; not the Revolution, but the 
present Republic. Much of the spirit which burned so 
brilliantly in the Swiss Cantons—the republics of Ita¬ 
ly and the Cortes of Spain, long before the birth of 
the Orleans aristocracy, may be, with great propriety, 
attributed to the equal division of landed-property, 
which the laws of these countries favored. One thing 
is quite certain, if history can be believed ; that wherev¬ 
er the laws, favoring an equal division, were establish¬ 
ed, the rights of the subject were earliest declared, and 
most successfully defended. It would have heen use¬ 
less for the humble citizens of Spain to resist taxes, un¬ 
less levied by their representative, if they had been 
without lands and homes subject to assessment. The 
republics of Italy would not have furnished so much 
to admire, to pity and deplore, had primogeniture and 
entail blighted the spirit of equality, upon which their 
happiness depended, as well as their individual and na¬ 
tional pride. 

We have devoted much time to the history of France, 
for various obvious reasons : no country so fully ill us- 








230 


THE NEW CONSTITUTION. 


trates the effects of these changes,—no other has pass¬ 
ed from one extreme to the other, as France has done. 
“The love of liberty was the ruling passion of their 
progenitors ; the enjoyment of their best treasure ; 
the words that expressed that enjoyment, the most 
pleasing to the ear. They deserved, they assumed, they 
maintained, the honorable epithet of Franks, or Free¬ 
men.” Whether the descendants of that indomitable 
race of conquerors are worthy of the flattering cogno¬ 
men, in which their early progenitors took so much 
pride, is a question that cannot now be decided. For 
the honor of a country, rich in all the elements of na¬ 
tional greatness,—the birth-place of distinguished war¬ 
riors, and the seat of scientific discoveries,—for the 
honor of a people, who have been alternately the pride 
and glory, and the terror and the shame, of Europe,— 
who have stood highest in civilization and lowest in 
barbarity ; it is to be hoped they may now commence 
that silent but triumphant answer, which centuries of 
individual and national prosperity and greatness will 
justify. 

But we need not confine ourselves to France alone ; 
England, where these laws still prevail, furnishes many 
bold examples of their influence. In England, as in 
France, the division of property and consequent in¬ 
crease of proprietors, have preceded, if they have not 
themselves caused, every valuable concession. The 
boasted balance of their government,—the principal se¬ 
curity of the people, and chief glory of their constitu¬ 
tion, the House of Commons,—performed but an in¬ 
significant office in the government, until after the great 
barons were broken down by intestine wars, and their 
estates distributed among a large number of less im¬ 
portant personages,—less important by reason of the 
partition of territory. The death of Warwick, the 
last of those mighty arbiters of regal power, w»s the 
announcement of the commencement of a new era in 
the history of England. A succession of changes com¬ 
menced, which succeeding events and circumstances 
converted to the most important purposes. Henry VII. 
did little to quiet the disturbed elements of discontent, 
which survived the intestine wars of Henry VI. and 
Edward IV. ; indeed, we think his tyranny contributed 
to widen the breach between the rival houses of York 
and Lancaster, and thus weakened the power of the 
nobility. These individuals had maintained their priv¬ 
ileges by mutual support ; but they now turned upon 
each other. This not only gave the common people a 
respite, but enabled them to gain many advantages, 
which otherwise would have been beyond their reach. 
Another class remained to be removed or humbled.— 
This task was reserved for Henry VIII.; and fearlessly 
did he perform the work. The ecclesiastical edifice 
fell under the blows of the great reformer. The church- 
lands were sold to a large number of commons, and did 
more to increase their importancethan they did to ben¬ 
efit the king. The king, the lords, and the church, 
had formerly held almost all of the landed-property ; 
but by the intestine wars under Henry VII., and the 
policy of Henry VIII., their lands were reduced to little 
more than one-third. The commons now began to ex¬ 
ercise an important influence in the government.— 
Grievances were spoken of, and subsidies considered.— 
They had heard something of the great charter, but 
had seen and felt but few of its beneficial effects ; it 
existed in name, but had few activepowers ; they now 
had its seal renewed, and contributed greatly to the se¬ 
curity of the franchises it was intended to establish. 
It was this increasing power of the commons,—this 
growing importance of the people^that gave them the 
ascendancy over Charles I., and enabled Cromwell to 
make a furlher division of landed-property, after the 
battle of Naseby. “Large domains, belonging to the 


crown, to the bishops, to cavaliers, and to the chapters, 
were seized, and either granted away, or put up at 
auction.” In this general spoliation of “old and hon¬ 
orable families,” and the creation of new ones, Crom¬ 
well performed the same office for England that Rich¬ 
elieu did for France. But his influence was checked ; 
for early in the reign of Charles II., many of the cav¬ 
aliers were put into possession of their “ancient es¬ 
tates.” The confiscations were considered void, and 
the king, ecclesiastics and nobility, re-entered on their 
estates. The proportion, however, ofsmall proprietors 
remained quite respectable—much greater even in the 
reign of Charles II., than at the present. From these 
facts, it appears, that the successive advances of the 
commons have been connected with the real property 
of the country as closely as the changes in France.— 
That the rights and liberties of the people depend upon 
the importance and influence of the commons, cannot 
be a subject of doubt. 

We have thus briefly referred to some of the histor¬ 
ical facts connected with this subject; and would now 
ascertain, if possible, the causes of the changes which 
occupy so large a Dart of history. During the reign 
of feudalism, the common people had few, if any, ac¬ 
knowledged rights. Indeed, it seems impossible to de¬ 
grade man more than he was at that period. For their 
lords they were compelled to perform the most degra¬ 
ding services, and in the most abject manner. Their 
highest reward was a smile from their oppressors,— 
their only hope, indulgence. For their lords, their 
lives were freely offered up when difficulties with oth¬ 
ers demanded the sacrifice,—from them they received 
subsistence and protection, and to them every thing, 
even the first blushes of the bridal hour, were yielded. 
Tile early changes in this system were effected by the 
lords themselves, but unintentionally. The intestine 
wars taught the serfs their own power, and defeat weak¬ 
ened and destroyed their oppressors. Institutions and 
laws work silently, and not uufrequently produce the 
greatest results before we are aware of their tendency. 
The minds and hearts of a people are subject to such 
infinitely multiplied influences,—are affected by such 
gentle forces,—tinged by such delicate hues and shades; 
that it is difficult to govern them by any rules, without 
expanding or contracting the one, and warming or 
chilling the other. Progress isso deeply written on our 
nature, that it is almost impossible to prevent improve¬ 
ment. Our wanderings may be limited,—our limbs 
manacled ; but the fountain of our aspirations cannot 
be destroyed without the destruction of life. The 
source of our natural nobility—the mainspring of our 
intellectual and moral movements, are not within the 
reach of man. It is upon these natural impulses of 
our nature,—these unutterable and irrepressible long¬ 
ings, that the improvement of our'social relations de¬ 
pend. “All truegrandeur proceeds from mind—all ex¬ 
pansion belongs to it. 

In our previous article we alluded to the fact, that 
the intelligence of a society, or body politic, depended 
upon the,contributions of the different members ; and 
that the intelligent and virtuous were effected by the 
ignorant and vicious, and en converso. If this be true, 
and we think it a self-evident fact, then the general 
improvement is best secured by such laws as act equal¬ 
ly upon all classes and individuals. The best evidence, 
then, of advancement, is the constant approximation to 
such laws. The English and Scotch laws grew out of 
the system referred to, and were matured by the in¬ 
creasing importance of the government over individu¬ 
als. As the feudal lords yielded to the centr 1 power, 
the government assumed a more distinct character ; 
but as the government was dependent upon the lords 
for the means of defence, they expected and received 






THE NEW CONSTITUTION. 


2 31 


in their turn the privileges and protection which ena¬ 
bled them to comply with the expectations of the gov¬ 
ernment. These privileges and this protection were 
secured chiefly by primogeniture and entail. When 
they were swept away in France, the aristocracy also 
disappeared. But of their influence the English have 
long been satisfied. Blackstone speaks of it in his 
commentaries, and others, before and since, have writ¬ 
ten of their importance. “I do not by any means,” 
says Lord Brougham, “wish to interfere with the pow¬ 
er of making or barring entails. I consider the Eng¬ 
lish law as hitting, very happily, the just medium be¬ 
tween too great strictness and too great latitude in the 
disposition of landed property. Sufficient restraints 
upon perpetuities—upon endless settlements, are pro¬ 
vided, to allow a free commerce in land, as far as that 
is consistent with the interests of agriculture and the 
exigencies of our mixed constitution ; while as much 
povver is given of annexing estates to families as may 
prevent a minute division of property, and preserve the 
aristocratic branch of the government .” During the 
reign of Henry VIII., when the papists in Ireland fur¬ 
nished objects for the vengeance of an exasperated 
monarch, the first blow was directed against these 
laws. By this they hoped to break down the families 
of influence, and then by abridging the right of settle¬ 
ment, and preventing the papists from acquiring an in¬ 
terest in landed property, either directly or indirectly, 
in fee or in trust, they expected to effect their destruc¬ 
tion. But these acts were not considered sufficiently 
speedy ; the inventive imaginations and vindictive spirit 
of those liberal-minded apostlesof the Anglican Church 
disgraced themselves by the passage of laws, encour¬ 
aging the children of papists to rebel against parental 
authority, and as a compensation for this species of 
treason, they were rewarded with the substance of the 
father. The wife had her reward also, for disregarding 
the ties so essential to her happiness and honor, and 
upon the faithful observance of which the nobility of 
her character depends. 

No people can be prosperous and happy where their 
liberties are uncertain and their property insecure ; 
much less can they improve when the first depends 
upon the variable dispositions of arbitrary rulers, and 
the last is the fruit of their gratuities. Property of 
any description, either improves the individual by in¬ 
creasing his advantages, or injures him by stimulating 
the passions, and thus precipitating him to the bottom. 
Landed property differs, however, fiom personal, in its 
influences ; it connects him more permanently with 
the country ; it seems to invest him with greater sta¬ 
bility of character, and to inspire him with a higher 
estimate of his own importance. These are the neces¬ 
sary results of the laws which require more formality 
and solemnity in the transfer of lands, and which give 
the proprietor certain privileges and distinctions not 
enjoyed by others. 

These are a few of the reasons for abolishing primo¬ 
geniture and entail, but there are others of equal im¬ 
portance. The division of estates and increase of pro¬ 
prietors, has the effect of strengthening the govern¬ 
ment. It is doubtful, therefore, whether the sneer of 
the English reviewer, at this argument, is the result of 
presumption or wilful ignorance. If a national debt, 
held by the citizens, strengthens the government, af¬ 
fording greater security against internal violence than 
frowning forts and bristling bay o, iets, will not an in¬ 
terest in lauds, which cannot be carried off or destroy¬ 
ed, be a greater security ? We are answered that the 
government may be destroyed without sinking or oth¬ 
erwise affecting the lands, which is undoubtedly true ; 
but are they not forfeited by rebellion and treason ?— 
The security of government, however, does not con¬ 


sist in the fear of forfeiture or loss ; these may check 
the timid, but will have little effect upon those upon 
whom all governments depend. The best, the surest 
foundation is laid in the stimulant given to the moral 
and intellectual improvements of man. By the parti¬ 
tion of lands, homes are created fora greater number of 
the citizens, and the means of employment given, in 
which their truest happiness is found. It not only fur¬ 
nishes employment, but it stimulates labor, and thus 
secures the lull enjoyment of pleasures commensurate 
with the highest faculties of the soul. 

Place man in such independent circumstances—sur¬ 
round his home with the securities of law—enrich it 
with domestic affections, and he has something beyond 
price to contend for—to live for. The government may 
oppress him ; he will bear with it until a remedy > can 
be effected by peaceful means. On one side stands his 
home ; he still has a sacred retreat, and in its enjoy¬ 
ments and pleasures, hopes and affections: all else may 
be forgotten. On the other, forfeiture and ruin, not 
only of political advantages, but those nearer and dear¬ 
er relations and enjoyments which cluster around the 
family circle. Since writing the above, our attention 
has been directed to a recent work of M. Guizot, in 
which he uses the following language :—“Moveable 
property, or capital, may procure a man all the advan¬ 
tages of wealth ; but property in land gives him much 
more than this. It gives him a place in the domain of 
the world—it unites his life with the life which ani¬ 
mates all creation. Landed property is the establish¬ 
ment of man as sovereign in the midst of nature. It 
satisfies not only his wants and his desires, but tastes 
deeply implanted in his nature. For his family it 
creates that domestic country called home, with all the 
living sympathies, and all the future hopes and projects 
which people it. * * * It also affords a field for 

activity the most favorable to his moral development, 
the most suited to inspire a just sentiment of his nature 
and powers.” In speaking of the revolutionary spirit 
of his country, and of the condition of the govern¬ 
ment, he says, they can be corrected only by the moral 
and intellectual tendencies of the age. And to tlie 
homes of France he looks with the greatest confidence. 
“The family is now, more than ever, the first element 
and last rampart of society. It is in domestic life that 
the ideas and the virtues which form a counterpoise to 
the excessive and ungoverned movement, excited in 
the great centres of civilization, are found. The tu¬ 
mult of business and pleasure, temptation and strife, 
which reigns in our great cities, would soon throw the 
whole of society into a deplorable state of ferment and 
dissolution, if domestic life, with its calm activity, its 
permanent interests, and its fixed property, did not op¬ 
pose solid barriers throughout the country to the rest¬ 
less waves of this strong sea. It is in the bosom of 
domestic life, and under its influences, that private, the 
basis of public morality, is most securely maintained. 
* * * * Home, the abode of stability and morali¬ 

ty, also contains the hearth at which all our affections 
and all our self-devotion are kindled ; it is in the cir¬ 
cle of the family that the noblest parts of our nature 
find satisfaction, and they would seek for it elsewhere 
in vain ; it is from that circle, when circumstances de¬ 
mand, that they can go forth to adorn and bless so¬ 
ciety. 

We have made this long extract, not only to support 
the position already taken, but to sustain 11 s in some 
remarks we design making, upon our own political and 
social relations. 

From these facts, we think the division of landed 
property highly important to society, and that the nat¬ 
ural order is disturbed wherever the laws have a con¬ 
trary tendency. By this means man’s highest powers 







232 


THE NEW CONSTITUTION. 


—his noblest energies—are stimulated , and in the 
same proportion the government will be strengthened. 

A very elose observer, and trujy philosophical wri¬ 
ter, in speaking of our institutions, says: “I am sur¬ 
prised that ancient and modern jurists have not attrib¬ 
uted to the-se laws ("of descent) a greater influence on 
human affairs; it is true they belong to civil affairs, 
but they ought, nevertheless, to be placed at the head 
of all political institutions—for while laws are only the 
symbol of a nation’s condition, they exercise a consid¬ 
erable influence upon its social state. They have, 
moreover, a sure and uniform manner of operating 
upon society—affecting as it were generations yet un¬ 
born.” By something like an equal division of prop¬ 
erty, the power of individuals is balanced; and as the 
influences of individuals approximate in character and 
weight, the force of law increases; for all are equally 
interested in its protection. ‘‘I know not,” says the 
last author quoted, “upon the whole whether society 
loses by the change; but I am inclined to believe that [ 
man, individually, is a gainer by it. In proportion as 
the manners and laws become democratic, the relation 
of father and son become more intimate and more af¬ 
fectionate; rules and authority are less talked of; con¬ 
fidence and tenderness are oftentimes increased; and it 
would “seem that the natural bond is drawn closer in 
proportion as the social bond is loosened. Though the 
father is not hedged in with ceremonial respect, his 
sons at least accost him with confidence; no settled 
form of speech is appropriated to the mode of address¬ 
ing him; but they speak to him constantly, and are 
ready to consult him day by day: the master and the 
constituted ruler have vanished—the father remains.” 
If these are indeed the legitimate effects of our laws 
of descent and distribution, we may congratulate our¬ 
selves upon their existence. But if they have such in¬ 
fluences on the relation of the father and son, have 
they not more on that of brothers? All cause of bit¬ 
terness is removed in the equality to which they are 
reduced; each one is thrown upon his own exertions 
—has equal opportunities and similar dependencies.— 
Their brotherhood is fully recognized; and they there¬ 
fore mingle togethw without ill-feelinor or embarrass- 
ment. The inheritance is divided, but the hearts are 
more firmly united. But it is not alone upon the fam¬ 
ily in their domestic relations that these laws act; for 
by acting upon it, you most effectually act upon the 
body politic. All improvements of every description, 
must and do commence at the fireside; and the only 
sure basis of government is formed in the security 
which the laws extend to these nurseries of public 
and private virtue. 

But an objection has been made to the division of es- 
trtes, on the grounds of economy. It is urged that 
lirge farms are more profitable—that they yield more, 
and are less expensive in proportion to the number of 
acres cultivated. Facts, however, do not sustain the 
friends of primogeniture and entail in this statement. 
The evidence in France and England is opposed to it; 
but Holland and Switzerland have furnished more di¬ 
rect and positive contradictions. In Belgium, where 
the two systems were fully and fairly tried, the result 
was anything but favorable to large estates. 

M. Passy says, (in a work on this subject,) that 
“Belgium had two zones of arable country completely 
different from each other. In the Walloon district the 
system of large farms prevailed: and, notwithstanding 
the natural richness of the soil, the returns from such 
farms >vere small. The district lying between Ghent 
and Antwerp, the country of Waas and Termonde, 
was, on the contrary, entirely covered with small 
farms; and these lands, originally sterile, had become 
admirably fertile. Nowhere was the land let at so high 


a ra te—was there so much live stock reared—or a more 
dense population in the enjoyment of so much com¬ 
fort. At the sight of so striking a contrast, it was 
perfectly natural for Belgian agricultural writers to 
hesitate in awarding the preference to large farms; in¬ 
deed, some of them went so far as to denouuce them 
as nuisances of which the country should be cleared; 
and, in 1760, the states of Hainault actually passed a 
law for their suppression.” “The contrast,” says the 
same author, “was equally great between the poverty 
and sloth on the large farms in the Roman states, and 
the prosperous activity on the small farms in Lombar¬ 
dy and Tuscany.” This authority is sufficient to sat¬ 
isfy the impartial; hut additional evidence may be 
found in every agricultural district in our own coun¬ 
try. Small farms are better cultivated than large ones, 
for various reasons—first, they are cultivated by the 
proprietors themselves. Again, it is important to make 
them yield as muen as possible, and to make them last 
as long as possible. Large farms are farmed out; or 
labor is employed to cultivate them. In either case 
the interest necessary to secure a faithful cultivation 
is wanting; and less, therefore, is made, while the soil 
is injured more. 

Adam Smith condemns these laws, as contrary to 
the interests of family as well as of society, and Baron 
de Stael Holstein is of the same opinion, even in an 
economical point. De Tocqueville and Guizot also 
agree in condemning these laws. 

If these laws cannot be defended on the grounds of 
economy—if they do not strengthen the government, 
but weaken and corrupt it—if they fail to inspire 
those kind feelings and generous impulses, upon which 
our social and individual happiness and improvement so 
much depend—if, under their influence; the intellec¬ 
tual faculties are restrained, and the moral forces of 
our nature enfeebled; then the period of their existence 
has well-nigh closed. Neither the force of custom— 
the swollen power of the lords of the soil—nor the 
iron rule of monarchy, will be able to keep them long¬ 
er in the statute books of England, or any other coun- 
try. 

While our principal object has been to distil some 
benefit from this dry, and to most persons, uninterest¬ 
ing subject, by a reference to the history of others, we 
will now be excused for turning from their illiberal and 
unjust institutions to our own, with a pride equalled 
oniyby our gratit ude for the distinguished privileges 
which are our peculiar birthright. If we turn to the 
agricultural or manufacturing districts, or to the com¬ 
mercial cities on the sea-board, the same unexampled 
prosperity meets the eye. In whatever light we con¬ 
template our country, it will prove itself worthy of 
the great founders of the Republic, and of the best la¬ 
bors and warmest affections of their descendants. If 
we look for the sources of our national strength in 
peace and defence in war, we will find them treasured 
up in the hearts of a contented and prosperous people. 
The strength of our Union is found in the indepen¬ 
dence of the members, and the glory of the nation in 
the weakness of the government. We have but few 
frowning fortsaround our coasts, and less are needed. 
Our chief means of defence is found in the interior— 
every cottage is a school for warriors of a new but un¬ 
yielding character ; and every heart a citadel, which 
cannot be stormed or successfully besieged. Without 
an army we conquered, and have since maintained our 
independence. Our rapidly increasing commerce has 
been defended, and the sanctity of our flag triumphant¬ 
ly maintained. All this, however, might have been ac¬ 
complished under a different form of government ; but 
other difficulties tested our institutions while in their 
infancy—difficulties resulting from the unsettled poli- 








THE NEW CONSTITUTION. 


233 


cy of tlie country. The various opinions—local pre¬ 
judices, and infinitely multiplied interests, demanded 
the most liberal concessions and compromises. These 
were made at the proper time, and in such a manner as 
to insure them in the future, should circumstances re¬ 
quire it. To this spirit, which has been and maybe 
again, the salvation of our confederacy—the peace and 
quiet of our cottage homes—the affection and virtue of 
our unpretending domestic circles, have contributed the 
largest proportion. Through their influence we have 
been able to withstand commercial distress, and that 
which is frequently worse—unnatural prosperity.— 
We have overcome sectional bitterness, and the gigan¬ 
tic power of corrupt central institutions. The shocks 
of contending parties have contributed to fix more per¬ 
manently the foundation of our liberties, while the de¬ 
cay of other governments have added strength to our 
own. How much of this prosperity has naturally and 
necessarily resulted from tlie agricultural character of 
our country—from the influence of our small farms, 
and laws of descent and distribution—no one can say. 
These, in connection with, and as a part and parcel of 
our republican measures, have worked out the great 
problem of self-government most satisfactorily to the 
civilized world. In the establishment of our govern¬ 
ment, a whole continent was thrown open to the ener¬ 
getic and persevering of all countries. Land which, 
at that period more than the present, increased the im¬ 
portance of the possessor, was offered to all. Under 
such circumstances, it was of little importance to the 
time-worn and weather-beaten wanderer, how many 
lords of the soil and merchant princes of the seas he 
left behind ; a new and boundless territory, as fertile 
as any on earth, diversified with hills and valleys, con¬ 
taining vast navigable rivers and inland seas, and al¬ 
most every variety of climate, lay open before him.— 
On it hope fixed her ever wakeful eye ; and to it the 
weary feet were turned with unfaltering steps. As it 
was then, and is now, a sure asylum for the oppressed 
of every clime, may it ever be—worthy of their and 
our unshaken confidence and noblest exertions. 


O' The Paris correspondent of the New York Jour¬ 
nal of Commerce, thus alludes to an article in “ La 
Reveu des Deux •Mondes” of the present month, a Pa¬ 
ris periodical which receives constant contributions 
from the most enlightened minds in France: 

“In the editorial survey of the fortnight’s politics, in 
La Reveu, the United States are mentioned in a temper 
and strain very different from those of the same journal 
a few years ago. It is grateful to translate such passa¬ 
ges as the following: ‘For the year past we have been 
so much accustomed to hear of war, that the cry and 
the probability even scarcely disturb our composure.— 
What would surprise and move us, indeed, would ue 
peace, any calm of minds or pause of revolution; but 
which community is it of our continent that affords 
this spectacle? If England, with her sturdy traditions 
of constitutional liberty, meets unfluttering and in 
fact the difficulties of the epoch, she still has her 
grounds for watchfulness and anxiety at home and 
abroad. In the whole world, perhaps, at this moment, 
young America, of the North, can alone contemp late 
the future without apprehension, and with absolute se¬ 
curity. Fortunate country, that can find no more se¬ 
rious occasion for an cmente than a theatrical infatua¬ 
tion,—a feud of buskined heroes! The fact of such an 
elaborate and fruitful tranquility as the lot of a demo¬ 
cratic republic, is one in which we are fain to rejoice, 
because it is a most encouraging phenomenon for those 
who have the prospect of living under the same sys¬ 
tem.’ ” 


“Tracts on Law Reform.” 

Mr. Riley, the publisher, has laid on our table a work 
of 208 pages, entitled “Tracts on Law Reform, by a 
member of the Ohio Bar.” 

The object avowed in the Preface, is thus given: 

“The Design of this Compilation is, To show, from 
what has been done in other Communities, that with¬ 
out running the hazard of a New Constitution, the Peo¬ 
ple of Ohio, by sending Sound men to the Legislature 
—and so securing Sound men on the Bench, and a 
Sound Revision and Consolidation of our Statutes and 
Judicial Decisions—may still continue to go on and 
prosper, under the Old one.” 

The work embraces papers relative to codification— 
the Report of the Commissioners lately appointed to 
enquire into the practice of Chancery in England— 
changes in the Common and Statute Laws of England 
—revision of the laws in Massachusetts—report of the 
Commissioners appointed to consider and report upon 
the practicability of reducing to a written and systemat¬ 
ic code, the common law of Massachusetts—review of 
the revised and consolidated statutes of Massachusetts 
—the Russian code—comparative view of the French 
and English Courts of Justice—dessertations on the 
common law of Scotland—the difference between the 
English and French Judicial Systems—Sir Walter 
Scott on the English and French Systems—Sir Walter 
Scott on thecode Napoleon—Athenian Judges—two pa¬ 
pers on divorces and one on the new code of procedure 
in New YorK. 

The work seems to have been gotten up with care, 
and its author, if he fails to prove by his compilation 
that a new Constitution is unnecessary, has yet given 
abundant evidence of his legal research, and to the law 
student and to the more advanced members of the le¬ 
gal profession the work will be valuable. It will hard¬ 
ly reach the great mass of the people, and even if it did, 
we have failed to discover within its pages, a single 
sound reason against the Constitutional Reform deman¬ 
ded by the people. 

“Law Reform” is certainly much needed, and of the 
Common law, which is made up of precedents, decisions 
customary, etcetera, could be reduced to a written 
code, compassed within reasonable compass, the author 
would give to the world,aud particularly to the profes¬ 
sion, a work much needed, but this has not yet, and 
probably cannot be done. 

Among the members of the bar, able and influential 
men, such for instance as Judge Ellis, of Missouri, 
seek a reform which will strike at the root of that great 
evil, involved in the use of fictions, but the great 
mass of the profession are so wedded to these ancient 
customs and pleadings, that we fear it would be a Her- 
culian task to convince them of their error. 

The author of the “Tracts on Law Reform,” has 
chosen as the motto of his publication the following: 

“We KNOW ALREADY THE WORST OF WHAT IS— Wl 
KNOW NOT THE WORST OF WHAT MAY BE.” 

The adoption of such a sentiment in a work avow¬ 
edly put forth to stem the tide which is now running 










THE NEW CONSTITUTION. 


o31 

in favor of enlarged liberty to the masses, and of ma¬ 
king more simple and easy and less expensive to the 
tax payers, onr form of government, gives us at once 
an insight into the workings of the author’s mind. 
He would cling to ancient wrongs, not because 
they were wrongs, but merely because they were 
ancient. Had he lived in the days of Luther and Me- 
lanchthon, he would have opposed the great reform of 
those, master minds of the Reformation, because he 
“already knew the worst of what is,” but did not 
know “the worst of what may be.” The same fears 
would have made him oppose the reforms which swept 
from the statute book of England a portion of the un¬ 
just and inhuman laws which deprived Catholics of 
even the vestage of liberty, and which drew from Ed- 
nrond Burke his powerful letters on the “Popery 
Laws;” and the same reasoning would have made him 
an advocate of the course pursued by Sir Matthew 
Hale and other Judges in England and America, in 
hanging old women suspected of witchcraft, and of the 
mode of arriving at correct conclusions, when if we 
remember right, was binding the unfortunate victims 
hand and foot, aud casting them into the water—if 
they sunk and were drowned, their innocence was es¬ 
tablished, but if they survived, they were proven guil¬ 
ty, and perished by the faggot. 

In regard to our own Constitution, we “know alrea¬ 
dy” a portion of its unfitness for the wants and wishes 
of a heavy population, and every year is adding to our 
knowledge. In a change,such astheconstitutional re¬ 
formers of Ohio seek, they have the experience of oth¬ 
er States, where all the reforms they demand have 
been tried, and none of them found wanting. Less le¬ 
gislation and better—the bringing the State Govern¬ 
ment back to the true principles of Republicanism, by 
vesting all power which by the people can be exercised, 
in their hands, is the “worst of what may be,” if the 
Convention be called aud a new Constitution be fra¬ 
med, and certainly this evil is not so great as to be a 
cause of fright to any one. 

The men who formed for Ohio a Constitution, at the 
time they performed that duty, “knew already the 
worst” evils of the form of government under the “Or¬ 
dinance of 1787” as administered by Gov. St. Clair, yet 
this did not deter them from seeking and effecting a 
change—the patriots of our own Revolution, when 
the fierce and sanguinary struggle commenced, knew 
the worst that England could do, if the colonists in si¬ 
lence would submit to taxation without representation, 
yet, day after day, month after month, and year after 
year, these brave patriots braved death by the sword, 
by cold and hunger, rather than submit to the evils 
which the English Government was endeavoring to 
force upon them. 

The farmer changes his plough whenever he finds 
one that suits him better—he has lain aside the flail, 
and his wheat is now separated from the chaff by the 
threshing machine. Innovation, when it puts off a I 


certain evil for a certain good, has no terrors for those 
not bound in the chains of conservatism. And so will 
it be with a new Constitution for Ohio. The people 
feel and know that their fundamental law can be so 
changed as to make it better suited to the spirit of the 
age, and the reform they will carry out, reserving to 
themselves after the work is performed, of saying at 
the ballot box whether it be well or ill done—whether 
suited to the State or not, and as they decide, so will 
they accept or reject it. 

Written for the New Constitution. 

If we are to have Banks, let them he Free. 

Mr. Editor: There is no feature in your New Con¬ 
stitution which meets my decided approbation more 
than its absence from all party politics. This feature, 
I am happy to say, also meets the commendation of 
others, with whom I have conversed. 

The subject upon which I wish to write, though it 
has been drawn into politics, and has been a fruitful 
theme for partisan editorials, is not, strictly speaking, 
and should not be connected with party affairs, for 
money and politics should never be coupled together. 

The subject of Banking, as connected with free gov¬ 
ernment, is one which deserves to be considered.— 
Whether my pen will be able to threw any new light 
on it or not, I am not prepared to say, but be that as 
it may, if lean only get your readers to think serious¬ 
ly, for an hour, I will have accomplished my object. 

Our Government is a Republican one, and each man 
has certain natural, inherent and inalienable rights in 
which the law is bound to protect him, but at the same 
time, in this free country no man by law should have 
rights above his fellows. Is not this proposition a 
sound one, and in accordance with the intention of the 
framers of out Government? Yea, verily, it is! Bui 
is it true in practice? It is not! To illustrate: A. 
and B. are partners in trade, and engage in merchan¬ 
dizing, and are unfortunate in business. Theyaresued, 
and their goods are taken to pay their debts. Beyond 
the goods, A h^s nothing, but B. is rich. They went 
into partnership and engaged in trade to make money— 
the one to make a fortune, the other to increase that 
which he already had. The goods left, unable to 
satisfy the debt of Messrs. A- and B. What then is 
done? Why, a new execution is issued, and A hav¬ 
ing no property, the sheriff levies upon the goods, chat¬ 
tels, lands and tenements of B., and they are sold, and 
the partnership debt is satisfied. 

C. and D. also form a partnership, but instead of 
selling goods, they get a charter and engage in Banking. 
The lsw allows them to do this, and gives them rights 
which it gives to none others, for at one dash it increa¬ 
ses their capital by a legal fiction, 'to three times its 
original amount. For instance: C. has $50,000, and 
D. $50,000, which they invest and on which they 
issue their promises to pay. For every dollar of capi¬ 
tal paid in, they are allowed to issue three dollars in 
paper, and with their $100,000 absolutely in their own 
possession, they can issue three hundred thousand dol¬ 
lars in paper, which passes as money. For every dol¬ 
lar of tiiese notes loaned out, the Bank exacts a note 
with two good endorsers, and in every case deducting 
the entire interest from the principal. Such a deduc¬ 
tion, if practiced by A. and B. in loaning money, would 
be deemed usury. If the Bank of C. and D. fails, the 
private property of the Bankers are not liable as in 
the case of A. and B. And why not? Because A. and 
B. were partners in trade—C. and D. were Bankers, 
and the laws make a distinction between Bankers and 
others. Is this Republicanism? No! Is it even- 
handed justice? No; but it is the law! 







THE NEW CONSTITUTION. 


235 


Does the Constitution of Ohio sanction such things? 
No, but the law-makers do, and because Banks have 
been chartered for a long time by Legislatures, our 
Courts have settled that that fact makes them consti¬ 
tutional, just as if because I have been acting wrong for 
a score of years, that fact gives me a right to continue 
my wrong acts for years yet to come. The Constitu¬ 
tion may be searched, and searched in vain for the pow¬ 
er to charter Banks. 

Fully impressed with the belief that Banks, as they 
at present exist, are wrong—that there is no power un¬ 
der the Constitution to create them, and that each new 
Bank charter granted, is but a new infraction of the 
Constitution, I am glad to see the prospect bright for 
the calling of a Convention to remodel that instrument, 
and when it meets I wish to see the question of Bank¬ 
ing settled so as to take it out of politics. 

If, as many believe, they are unnecessary—that each 
and every one of them, has but added to the list of those 
who falsified the prediction of their friends,—that they 
have a tendency to absord and lock up the capital of 
the country, to be loaned out to favorites and depen¬ 
dents, among which Bank stockholders get the “lion’s 
share,” then let the new Constitution, when framed, 
prohibit the creation of Bank charters, and thus, at 
once, do away with the whole system. But if, as many 
others believe, Banks can be made useful in a commer¬ 
cial community—that they are necessary in getting 
our wheat and corn and pork and beef (o market, then 
let the new Constitution say, in so many words, that 
under suitable restrictions, men can associate them¬ 
selves together as partners in trade, and open a Bank, 
and issue their promises. This would be free banking, 
for then every one, having the necessary capital could 
engage in it, and it would do away with much of the 
anti-republicanism of the thing. As it is now, a fa¬ 
vored few, alone, have the right to Bank, and this cre¬ 
ates a kind of a Bank nobility in the land, for they are 
endowed by law with privileges in which you and I, and 
hundreds of thousands of others are prohibited by law 
from engaging. This is not right, and consequently is 
not republican; yet we boast high of our freedom and 
equality—our equal rights and equal privileges, when 
in truth, we are not equal, for though nature made 
us so, yet the legislature, without authority, steps in 
and says to a favored few, you can be Bankers and en¬ 
joy the privilege of issuing three dollars in paper to 
every one you have in silver, and if you fail in busi¬ 
ness, the law shall not touch your private property, for 
you are among the elect and the state government will 
place you and your associates above and beyond the 
law, which operates on the less favored class. To the 
farmer and mechanic, the legislature say, if you issue 
your notes, to circulate as money, even though you 
hivedollar fordollarto meet them,we willpunish you by 
law, and if you fail in business, your private, property, 
all,save the meagre pittance the law allows you,to keep 
you and yours from absolute want will be taken to pay 
your debts, and sold under the hammer of the sheriff 
or constable. Such things are wrong, and cannot be 
defended, yet they are suffered to exist, they do exist 
and have existed ever since the state government was 
first formed. 

I am, as you know, a strong advocate for a change of 
the State Constitution. The present one has been so of¬ 
ten broken by our legislators, that it isnot unlike apiece 
of patch-work, and for no reason do I so strongly ad¬ 
vocate a new one, as in the hope that it will either 
prohibit banks altogether (which I fear will not be the 
case) or that it will lay the system open, under proper 
safeguards, to all who may wish to engage in it, and 
thus take from it that most odious feature, its anti-re¬ 
publican tendency. A MECHANIC. 


THE BATTLE OF CHANGE. 

BY CHAS. MACKAY, L. L D. 

Great thoughts are heaving in the world’s wide breast. 
The time is laboring with a mighty birth; 

The old ideas fall. 

Men wander up and down in wild intent; 

A sense of change preparing for the Earth 
Broods oser all. 

There lies a gloom on all things under heaven— 

A gloom portentious to the quiet men, 

Who see no joy in being driven, 

Onward from change ever to chtnge again; 

Who never walk but on the beaten ways, 

And love the breath of yesterdays— 

Men who would rather sit and sleep 
Where sunbeams through the ivies creep, 

Each at his door post all alone, 

Heedless of near or distant wars, 

Than wake and listen to the moan 

Of storm-vexed forests, nodding to the stars— 

Or hear, far off, the melancholy roar 

Of billows, while with wrath, battling ’gainst the shore 

Deep on their troubled souls the shadow lies, 

And in that shadow come and go, 

While fitful lightnings write upon the skies, 

And mystic voices chant the coming woe, 

Titanic phantoms swathed in mist and flame— 

The mighty shapes of things without a name, 
Mingling with forms more palpably defined, 

That whirl and dance like leaves upon the wind; 

Then, marshaling in long array their hosts, 

Rush forth to battle in a cloud-like land, 

Thick phalanxed on those far serial coasts, 

As swarm the locusts plaguing Sarnarcand. 

Oh who would live, they cry, in time like this! 

A time of conflict fierce, and trouble Strange; 

When old and new, over a dark abyss. 

Fight the great battle of relentless change! 

And still before their eyes discrowned kings, 

Desolate chiefs, and aged priests forlorn, 

Flit by—confused—with all incongruous things, 
Swooping in rise and fall on ponderous wings— 

While here and there, amid a golden light, 

Angelic faces, sweet as summer morn, 

Which gleam an instant ere extinguished quite, 

Or change to stony skulls, or spectres livid white. 

But not to me—oh! not to me appear 
Eternal gloom. I see a brighter sky, 

I feel the healthful motion of the sphere; 

And lying down upon the grass, I hear 
Far, far away, yet drawing near, 

A low sweet sound of ringing melody; 

I see the swift winged arrows fly; 

I see the battle and the combatants; 

I know thecause for which their weapons flash; 

I hear the martial music and the chants, 

The shock of hosts, the armor clash, 

As thought meets thought; but far beyond I see, 
Adown the abysses of the time to be. 

The well won victory of the Right; 

The laying down of useless swords and spears; 

The reconcilement ardently desired 
Of Universal Truth and Might— 

Whose long estrangement, filling earth with tears, 
Gave every mauly heart, divinely fired 
A lingering love, a hope inspired, 

To reconcile them, never more to sunder. 

Far, far away above the rumbling thunder. 

I see the splendor of another day. 

Ever since the infant time began, 

There has been darkness over man: 

It rolls and shrivels up! Itrneltsaway! 





236 


THE NEW CONSTITUTION. 


From the Louisville Chronicle. 

Constitutional Reform. 

Montjcei.lo, April 17, 1849. 

Dear Sir —Your prospectus, together with several 
numbers of your paper, has been duly received, for 
which you will accept my thanks. Anxiously desiring 
the success of thecause you advocate, I shall procure 
subscribers and send you their names as soon as prac¬ 
ticable. 

Having just finished the perusal of the great speech 
of Judge Brent, of Louisiana, in favor of an elective 
judiciary, I must say that its arguments have very 
much deepened my impressions in favor of the doctrine 
of electing our judges by the people. This speech 
has litterally used up the subject ; as well as all the ob¬ 
jections so commonly urged against an elective judicia¬ 


ry- 

If in the course of the ensuing canvass, it shall be 
found that doubt exists as to the state of public senti¬ 
ment on this question, it seems to me that all that will 
be necessary to ensure the triumph of the cause of pop¬ 
ular rights, will be to strike off in plain large print a 
sufficient number of copies of this speech and circu¬ 
late them freely among the people. 

It is true that most of the arguments it employs, 
have, in some form or other, been published already in 
some other of the papers friendly to this cause. But 
the great advantage arising from its publication and 
circulation, will be found to consist in the simplicity 
and cogency of its language, its lucid arrangement, the 
force and beauty of its illustration, and above all, that! 
it demonstrates that the whole subject turns upon the 
decision of a single proposition : “Are the people of 
this country qualified for self-government.” 

If the proposition be answered in the affirmative, no 
well grounded objection can be raised against giving to 
the organic jlaw such a structure as will confer upon 
the people the power directly of filling the several de¬ 
partments of the government with men of their own 
selection. If it be true, as ail admit, that all power is 
inherent in the people, he who denies to them the right 
and takes from them the power to select the function¬ 
aries of government, must do so upon the ground 
either that the people are not sufficiently virtuous, or 
sufficiently intelligent, or both, to make the best selec¬ 
tions. 

When the basis of human government is examined 
in the light of history and observation, it will be found 
that in laying the foundation of all governments that 
do exist and have existed, one or other of two princi¬ 
ples have been acted upon ; and as was the foundation, 
so has been and is the superstructure reared upon it. 
One of these principles is, that communities associated 
together in the character of states and nations, are not 
qualified to govern themselves. Upon this basis the 
the monarchical, despotic,and aristocratic governments 
of the present and past ages of the world were erected. 
The other principle is, that the people are qualified to 
govern themselves. And upon this democracies andi 
republics of antiquity were built, and upon it now re¬ 
pose all the free governments of the world. 

Nature furnishes the type of all things in the reli¬ 
gious, moral and political world. If the foundation be 
rotten or imperfect, physical nature teaches us that the 
buildings erected upon it must sooner or later fall. 
Whenever the communities of Europe shall have made 
sufficient progress in moral and intellectual improve¬ 
ment to govern themselves, the existing governments 
standing then upon a principle untrue in fact and inap¬ 
plicable to them, must and will fall—quietly, peaceful¬ 
ly it may be—forcibly, with spasms and convulsions, 
if need be. If time, the great teacher who unfolds and 
brings to pass all things, shall develope the fact that the 


communities of our American States have not and do 
not become sufficiently intelligent and virtuous to sus¬ 
tain our popular institutions, they must and will fall. 
Such -are the teachings of nature, and such are the 
teachings and warnings of all history. 

The conclusions resulting from our brief history, are 
greatly in favor of the application of the principle on 
which our fathers built in framing our American gov¬ 
ernments. Eminent success has marked the career of 
the American people. In ail the characteristics of a 
great people—in all that stamps the seal of immortality 
upon the records of a natio", they may challenge a 
comparison with any people upon the globe, or any 
whom the records of history hold out to the admira¬ 
tion of mankind. 

What nation claims and is entitled to the honor of 
having by her philosophy, experimently tested and call¬ 
ed down the forked lightning, and placed it harmless 
and motionless in the hand of man ? Our native born 
immortal Franklin gives the answer. Look at the sim¬ 
ple element of steam, and see by its application to ma¬ 
chinery the manufacturing power of a single nation— 
England annually turning out a sum of production 
equal to the proceeds of the manual labor of almost 
one half the number of inhabitants on the globe. And 
see too, how, by its application to cars, and boats, and 
ships, it has changed and is now modifying the com¬ 
merce and intercourse of mankind. The mind that 
discovered, applied, and directed its power, was an 
American mind. The name of Fulton is an American 
name. The magnetic telegraph, the wonder of the 
age, presents too, a new and bright example of the 
march of American mind. 

Is it not true, that since the period of our revolution, 
the improvements, inventions, and discoveries made by 
Americans, have very far outstripped all that lias been 
done and achieved by all other nations since the clouds 
of the dark ages began to disappear before the spirit and 
light of modern civilization ? In all the departments of 
intellectual culture, it must be conceded that their ad¬ 
vancement has been more rapid and general than is 
presented in the history of any other people. At the 
present there is generally, and especially in Kentucky, 
a disposition to roll forward as speedily and as power¬ 
fully as possible the cause of general education. And 
before the coming of the next generation, we may 
confidently expect that this cause, the great support of 
free institutions, the very palladium of liberty, will 
have acquired a strength that rnay defy all the powers 
of its enemies. 

It must be admitted, that in moral and religious cul¬ 
ture, their attainments are not equal to those they have 
made in other respects. As in the course of nature, 
light generally precedes heat, so the developement and 
expansion of the intellect of man generally precedes 
the developement of his moral sentiments, the finer and 
better feelings of his nature. The moralist and the 
preacher are, however, everywhere at work, and the 
religion and the morals of society are evidently pro¬ 
gressing. It is true that a march of a people in intel¬ 
lectual and moral improvement is slow. It is not for 
that reason, however, the less certain. The sturdiest 
and most enduring productions of nature are the most 
slow and gradual in their developement. 

In contemplating states and nations, we are too apt 
to look upon them as having their existenceand accom¬ 
plishing the purposes of their creation in the genera¬ 
tion now living. A State, considered as a political bo¬ 
dy. is a creation of mind, and should be moulded for 
immortality; and the years of its duration counted, not 
by years, but by centuries. The principles of its gov¬ 
ernment, its organic law, should be constructed with 
reference to its duration and the state of intellectual, 











THE NEW CONSTITUTION. 


237 


moral, social, and political improvement which may be 
expected to result from its organization. 

As the tendency of monarchy is to cramp genius and 
stifle all the powers of the human intellect, so the ten¬ 
dency of a democracy is to stimulate genius and 
enlarge and expand all the powers of the mind.— 
If there were in fact any doubt as to the ability of the 
people at present to make the proper selections of any 
particular class of officers of government, sound phi¬ 
losophy would decide that the knot of the doubt aud 
difficulty should be cut by trying the people. In the 
very act of making the trial, the people’s ability may 
not only exhibit itself, but that ability may itself be 
created. 

I As all animal life depends upon and consists in ac¬ 
tion, so all intellectual and moral developement depends 
upon action. The political character of a people is 
formed and depends upon the character of their politi¬ 
cal institutions. All communities are trained in their 
political institutions. In a monarchy they are trained 
to submission—in a republic they make their govern¬ 
ment and train themselves in filling its departments and 
controlling and directing its administration. 

In view of these general principles, and of the pres¬ 
ent advanced state ol society in Kentucky, and the 
great probability of its progressive advancement, to¬ 
gether with the effect which their own training, under 
a more democratic organization, will have upon that 
advancement, we recur to the question : “May the peo¬ 
ple be safely trusted with the election of their judges?” 

A strict analysis of the true theory of representative 
government, will admit of nothing else. In all gov¬ 
ernments, what is called sovereignty must reside some¬ 
where. With us, the sovereignty is lodged with the 
people. In a monarchy, it is in the King. Our gov¬ 
ernment is a creature of the people. It is a unit crea¬ 
ted by them and for them, consisting of three depart¬ 
ments: the legislative, executive, and judicial. These 
are co-ordinate, and each is, or rather should be, in¬ 
dependent of the other. But to say that each or eith¬ 
er should be independent of the sovereign power by 
whom and for whom it is created, is a solecism in a 
republic. The absolute independence of any one of 
the departments in a government like ours, is an ab¬ 
surdity so palpable as hardly to deserve the trouble of a 
formal refutation. The advocates of what is called an 
independent judicary, tell us that it is the most import¬ 
ant department of the government. That it throws 
the shield of its protection around the life, the liberty, 
the property, and the reputation of the citizen. 

Well, suppose this were admitted, what then? I 
would draw from it still weightier and more powerful 
reasons for providing in the constitution against their 
independence of the sovereign power. If it were true, 
in fact, that one department is more independent than 
another, (a proposition, however, not admitted,) it 
would be easy to demonstrate that such department, of 
all others should be made less independent of the peo¬ 
ple. Is it not true in governments, that the power 
which, in the practical discharge of its functions, is 
brought most directly in contact with the people, and 
in the discharge of the duties of which the people are 
most directly and immediately interested and benefitted, 
may, if the duties are not well and correctly perform¬ 
ed, be most immediately and essentially injured? Life, 
liberty, property and reputation, comprehend almost 
the sum total of the rights of man, which it is the 
purpose of government to preserve, protect, and defend. 
It is the provinco of the judge to protect these rights 
according to the laws of the land; and through the 
judge, as the agent of the sovereign power, are these 
rights of the citizen either protected or trampled un¬ 
der foot. 


If the judge may be potent for good, it must be kept 
in mind that he may not be impotent for evil. The very 
reason why he should be dependent upon the sovereign 
power, and directly answerable to them for his conduct, 
is that he may abuse, his trust, aud great evil result to 
individuals and society. 

In contemplating our government, however, as a 
unit, and treating simply of its organic structure and 
the abstract nature of the functions of its various de¬ 
partments, apart from the direct action of either upon 
the peopie, it cannot be truly said that the judicial is 
the most important, or that either is more important 
than the others. It is in the fundamental principles of 
government, as it is in religion, there are no non-essen¬ 
tials; and between essentials there is no point of com¬ 
parison. 

To the legislative department is confided the duty 
of making laws, defining the rights of the citizen, and 
providing remedies for their infraction; to the judicial, 
the duty of applying those laws in the investigation of 
rights, and employing remedies for their infraction; to 
the executive, with its ministerial and other agents, is 
the duty confided of enforcing the decisions pronounced 
by the judicial department. Deprive eitiier of these 
departments of the aid furnished by the performance by 
the others of their appropriate functions, and the gov¬ 
ernment will at once be at an end, and could no more 
exist than man can exist if he were deprived of either 
body, soul or spirit. 

But the direct question is, shall the people elect their 
judges? Shall the sovereign authority fill ali the de¬ 
partments? or shall we, as the present constitution 
does, build one department upon another? The de¬ 
partments stand as so many pillars upon which the 
whole fabric of government reposes. Why should not 
each department repose upon the people, the sovereign 
authority, as its proper foundation? There is beauty 
and proportion, symmetry and harmony, in such a sys¬ 
tem. 

When, however, the judicial is engrafted upon the 
executive or the legislative, in instituting a comparison 
between the advantages and disadvantages of the re¬ 
spective modes of appointment, it is important to in¬ 
quire which of the powers on whom it is proposed to 
confer the power of appointment, will feel and enter¬ 
tain the strongest desire to make the best selections. 
All must answer this inquiry in favor of their appoint¬ 
ment by the people. No other motives but those which 
patriotism furnishes, would guide them in the selec¬ 
tion of Judges. If sufficient ability to makegood se¬ 
lections be conceded to the executive, yet a disposition 
to make the best appointments may be. as it has often 
been, found wanting. The executive has relations, he 
has friends, who have served him personally and poli¬ 
tically. If talent and integrity be found among them, 
the country may not be cursed with bad officers; but 
if these qualities are wanting, the country must still 
take them, because the Governor must and will re¬ 
ward his relations and friends. 

As to their appointment by the Legislature, it seems 
that very few are in favor of it, and little need there¬ 
fore be said against it. I have heard but one man in 
this part of the State come out in favor of it. The 
controversy seems by general consent to be confined to 
a comparison of the advantages and disadvantages of 
their selection by the Executive, or by the votes of the 
people. 

Some have come out in favor of limiting the term of 
appointment to a definite number of years, but leaving 
the appointing power with the Executive; thus crea¬ 
ting a double kind of dependence of the Judicial upon 
the Executive Department—dependent for both ap¬ 
pointment and re-appointment—making what they call 
the most important department the mere creature and 






238 


THE NEW CONSTITUTION 


dependent of the department filled by a single individ¬ 
ual. 

If this were adopted, in what then would their boast¬ 
ed Independent Judiciary consist? To make one de¬ 
partment of a Government, consisting of co-ordinate 
independent departments, dependent upon and conse¬ 
quently subservient to another department, would ap¬ 
pear to all men whose minds are free from the control¬ 
ling influence of mere custom, one of the greatest of 
political absurdities. 

The argument so often employed, that if judges shall 
be elected by the people, the spirit of party politics will 
govern the election, and thus its baleful influence be 
placed upon the bench of justice, if indeed there be 
any force in it, will apply with ten-fold force against 
their appointment by the Executive What officer of 
the Government of Kentucky, for the past many years, 
has entered upon the trust confided to him, with a mind 
and heart more completely saturated with party excite¬ 
ment and party purpose, than the Governor of Ken¬ 
tucky? They have been, for long years to come will 
be, selected by mere party conventions, with a view to 
secure mere party triumphs, subservient to the still 
higher and more important party purpose of electing a 
party candidate to the Presidency of the United States. 
Thus going into office bound hand and foot by party 
ties and obligations, what more patriotic can the coun¬ 
try expect, than that he shall manifest his party preju¬ 
dices iu the selection of partisan Judges, as well as in 
discharging his other duties? If the people want in¬ 
dependent Judges, free from party bias and free from 
dependence upon a mere party department of the Gov¬ 
ernment, they must wrest this appointing power from 
the Governor, and take it where it should be, to them¬ 
selves. 

Some say, if this power is given to the people, can¬ 
didates for the office of Judge will be seen traversing 
the land making stump speeches, and treating and elec¬ 
tioneering as other candidates do. A simple thought is 
sufficient to silence this objection. What issues can 
the candidates for judge form to debate upon? What 
line of political policy will it be appropriate for them 
to suggest and discuss? A stump speech from a can¬ 
didate for Judge! Who has read or heard of such a 
speech in all America? The very nature of the duties 
of the Judicial Department precludes the idea of dis¬ 
cussion and speech-making by the candidates. The 
people will be governed by the reputation of the aspi¬ 
rants for integrity and ability, and of these qualities will 
the people be found to be as good or better judges than 
any single man. 

The all-absorbing reason with most men who oppose 
the election of Judges, is, that they suppose that if they 
are thus chosen, that the rights of the poor litigant who 
opposed the election of the Judge, will be sacrificed for 
the benefit of his wealthy and powerful antagonist who 
voted for him. Such has been the force of this fallacy 
upon the minds even of some of the friends of the propo 
sed reform, that for the purpose of avoiding it, they pro¬ 
pose tile insertion in the new constitution of a clause 
fixingthe ineligibility of the Judges for a second term. 
This argument, if indeed it may be called such, is gen¬ 
erally uttered with an air of confidence that would seem 
to defy refutation. And if we fail in obtaining the 
change we desire, we may in all time look back to it as 
the Hercules at whose hands we fell. Confident, how¬ 
ever, as they are in its force, I do not hesitate to say, 
that of all the objections worthy of attention and refuta¬ 
tion, this is the most fallacious, and has less of the solid 
grounds of facts and reason to sustain it. 

Were the fact admitted, that the judge would be a 
corrupt man, and the wealthy and influential litigant j 
in whose favor he should decide, the only man by | 


| whose vote he had been chosen, and to whom alone he 
would be responsible, then tiie objection would be con¬ 
clusive. But this objection is based first upon the mere 
assumption that the people will elect a very corrupt 
man to be their Judge. For none but a very corrupt 
man would be governed by the base motive which 
forms the very basis of this objection. 

Now I believe in the Scripture doctrine of the fall 
and consequent moral corruption of mankind ; but the 
entire total depravity and corruption of our eminent 
and refined attorneys and counsellors, out of whom the 
people would select their judges, is with me a matter 
somewhat hard of belief. But suppose we make a for¬ 
mal surrender of this one item in the catalogue of 
their assumptions; what then? Will it necessarily 
follow that the judge will decide corruptly in favor of 
his powerful friend? By no means. If the selfish motive 
of securing a re-election governs him, he will then be 
be governed by the strongest motive operating with an 
eye to that end. Will the strongest motive be to se¬ 
cure merely the support of the powerful litigant? Cer¬ 
tainly not. His strongest motive will be to secure the 
greatest number of suffrages. Will that end be best 
promoted by deciding corruptly in favor of the strong¬ 
est agailit the weak ? Sympathy is a feeling of great 
power in the human breast. In all conflicts where 
it may be at all doubtful where justice lies, the weak 
party have the sympathies of mankind. This is espe¬ 
cially so in this country, when wealth and power are 
arrayed against poverty and weakness. The Judge 
will know w'ell that there are many other powerful 
men, and still a greater number of weak men, whose 
support will be more indispensable than the support 
merely of this supposed influential suitor. Does rea¬ 
son or observation teach the Judge t hat the best means 
of securing their support will be to pronounce any 
such corrupt decision? It should be kept in mind, 
that if we eleet our Judges, their duties will then be 
performed in the very face and under the immediate 
scrutiny of the sovereign authority who elevated them 
to power, and to whom alone they will be responsible. 
In view of all the facts and all the deductions which 
may be rationally drawn from them, may we not safe¬ 
ly conclude, that in this, as in all things human, inter¬ 
est will be found identical with duty, and honesty the 
best policy ? 

All the reasons against the propriety of limiting the 
term of office of the Judges and providing for their re¬ 
eligibility by Executive appointment, are reversed, 
when the appointing power is given to the people. No 
man can be dependent upon the people as a Judge, un¬ 
til the people shall have elected him Judge. Before h s 
election, his dependence is that of a mere candidate.— 
The dependence of a functionary of government must 
be upon that power in the State to which ire is respon¬ 
sible. Dependence and responsibility are convertable 
terms. If accountable to the Executive, his depend¬ 
ence is upon the Executive—if to the people, his depen¬ 
dence is upon them. 

It is true that all officers are accountable to public 
sentiment, and may to some extent be supposed to 
be influenced by love of approbation. “ The fancied 
life in others’ breath,” is almost universally desired, and 
is itself a powerful spring of action. But the account¬ 
ability to which 1 here allude, and the dependence con¬ 
sequent upon it, is that which attaches with its great¬ 
est force at the end of the term for which the Judge 
was appointed, when the character of his administration 
of the trust confided to him comes up for review and 
scrutiny—not merely for the purpose of settling his 
claims to character, abstractly considered, but with ref¬ 
erence mainly to the question of his re-appointment by 
the suffrages of the people. 

His accountability to and dependence upon the peo- 






THE NEW CONSTITUTION. 


2:9 


pie must be greatly enhanced, when considered in con¬ 
nection with his re-electiou. I would not have him re- 
eligible merely lor the sake of the judge, and as a kind 
of reward for having done well. It is with an eye to 
the good of the people, that they should be permitted to 
re-elect him if they choose to do so. If motive be the 
main spring of human conduct, the desire and hope of 
re-appointment would operate powerfully in inducing 
a faithful discharge of duty as the best means of secu¬ 
ring it. And if the judge shall have done well, why 
should the people, for whom alone the government is 
framed, be denied the right to avail themselves of the 
experience and increased ability of an officer upon 
whose integrity, honor and ability, time and observa¬ 
tion have placed their seal ? The doctrine of rotation 
in office is applicable only to offices that are held for 
life, and has no force when the term of office is limited 
and the people are the appointing power. 

Having extended my remarks much beyond the 
length I intended, I must now dismiss this interesting 
question. I have little fear for the result. The peo¬ 
ple generally in this part of the State are declaring in 
favor of an elective judiciary, and they are almost 
equally decided against any form of emancipation. No 
man can be elected from all this part of the State who 
advocates anything like emancipation. 

The great mass of our population are not now and do 
not expect to become holders of slaves; the reasons 
they give for withholding their aid from any scheme of 
emancipation, affords good proof that they are sufficient¬ 
ly patriotic and intelligent to be trusted with the elec¬ 
tion of their judges. They do not look upon this ques¬ 
tion as a mere abstract proposition in which Kentucky 
alone is concerned. They contemplate it in the light 
of all its consequences upon the Union, and especially 
the Southern end of it. From boyhood they have been 
taught to look upon the Union as the first and greatest 
political blessing, and its preservation indispensable to 
the security of liberty and happiness. They feel in all 
its force the immortal sentiment of Washington, “Uni¬ 
ted we stand, divided we fall.” They know that if 
the Union shall be broken up, it will be done under 
the influence of antagonist interests, real or imaginary 
—not dill used and universal—but separate, geograph¬ 
ical and sectional. 

When such a question as the slave question, invol¬ 
ving an interest so great, is presented—which, too, 
from its very nature, may be kept alive for generations 
—the principle of cohesion will always be found to 
consist in equilibrium, or something like an equipoise 
in weight and influence, of the parties whose interests 
stand thus opposed. 

Such a union, it must be confessed, is not so strong, 
and is not of the nature of the union of congenial in¬ 
terests and congenial spirits. Such as it is, however, 
time will demonstrate that the union of the American 
States depends upon it. It results necessarily from 
the very character of the Union. It is federative in 
all its distinguishing characteristics; a union of inde¬ 
pendent State sovereignties. In such a union, equal¬ 
ity of political power and influence, or something 
nearly approaching to it, is the very principle of cohe¬ 
sion. 

Marked inequality opens the door to aggression up¬ 
on the weak. Resistance is opposed to aggression; and 
dissolution, or the despotic sway of the strong over the 
weak, will be the inevitable result. 

If Kentucky shall now give way, by adopting any 
kind of system of emancipation, it will increase the 
agitation of the slave question throughout the Union— 
the spirit of Northern aggression will be strengthened 
—the hope of the Northern fanatic revived. The South 
will be disappointed and mortified, and Kentucky will 


stand out justly condemned for her recreancy to the 
Southern States at this crisis of their fate. Recreant 
too will she be to the Union, as the equipoise upon 
which it depends will be destroyed, and a field opened 
to the Northern fanatic to increase his aggression and 
hasten the catastrophe of dissolution. 

Respectfully yours, 

‘_FRANCIS P. STONE. 

The First Saw-Mill. —The old practice, in making 
boards, was to split up the logs with wedges; and in¬ 
convenient as the practice was, it was no easy matter 
to persuade the world that the thing could be done in 
any better way. Saw-mills were first used in Europe 
in the fifteenth century; but so lately as 1555, an En¬ 
glish ambassador having seen a saw-mill in France, 
thought it a novelty that deserved a particular descrip¬ 
tion. It is amusing to see how the aversion to labor- 
saving has always agitated England. The first saw¬ 
mill was established by a Dutchman in 1563; but the 
public outcry against the new-fangled machine was so 
violent, that the proprietor was obliged to decamp with 
more expedition than ever did a Dutchman before.— 
The evil was thus kept out of England for several 
years, or rather generations; but in 1768, an unlucky 
timber merchant, hoping that after so long a time the 
public would be less watchful of its own interests, 
made a rash attempt to construct another mill. The 
guardians of the public welfare, however, were on the 
alert, ani a conscientious mob at once collected and 
pulled the mill to pieces. 

So it appears that in 1768, as in 1849, there were 
men so dreadfully afraid of innovation, that they would 
readily endure a positive evil, than to gain a positive 
good by a change. The anti-saw mill spirit of that 
age, is not unlike the spirit of the present day, which 
prevents men from supporting well defined and well 
settled measures of constitutional reform, merely be¬ 
cause the generation that preceded us having never 
tried the experiment, did not adopt it. 

Law of Arbest for Debt in Lower Canada. —The 
barbarous usages of Lower Canada, under color of 
which unfortunate men have been closely confined for 
three, six, and sometimes for nine years, because una¬ 
ble to pay all their debts, though convicted of no 
fraud, has at length been changed. Dwyer, who has 
not seen the outside of his prison room lor three years 
will now' be released. The provisions of the new stat¬ 
ute w'e find in the Montreal Gazette : 

“The first clause specially exempts from arrest for debt, 
under any circumstances, any female; any man over 70 
years of age; any religious minister. Nor shall any ar¬ 
rest of the person take place in any civil suit of which 
the causehas arisen in a foreign country. No copias can 
issue for the recovery of any debt contracted in a foreign 
country—the UnitedStates of course included ; and such 
arrest may take place, within the restrictions below de¬ 
fined, for debts contracted in Upper Canada. The sec¬ 
ond clause prohibits all personal arrest except upon af¬ 
fidavit setting grounds specially forth that the defen¬ 
dant is about to leave the province of Canada with in¬ 
tentions to defraud his creditors, or is about to secrete 
his property with that intent; and a Judge in Cham¬ 
ber is allowed to release him, if it appears that there is 
not reason to believe that there was such a design, or if 
the cause of action is below £10. 

“ The other clauses give the courts ample poiver for 
the detention and punishment of fraudulent debtors.— 
By the tenth clause of the provisions of the Act are to 
this extent retractive, that they apply to all persons now 
under restraint by writs of capias .” 








240 


THE NEW CONSTITUTION. 


State Reform Convention in Maryland. 

The delegates elected by the Reformers of Maryland 
without distinction of party, assembled in State Con¬ 
vention on the 25th ultimo, and after a temporary or¬ 
ganization, selected Col. John Pickett as President of 
the Convention, assisted by ten Vice Presidents and 
three Secretaries. 

The following report of the committee of two from 
each county, appointed for the purpose ol presenting 
business for the action of the convention, was then 
submitted and read by the chairman of the committee, 
Z. Collins Lee, Esq., and after an extended debate, 
was finally adopted. 

Whereas, the people of Maryland, through their repre¬ 
sentatives from many of the counties, district and the ci¬ 
ty of Baltimore, have called this convention together to 
declare and express for them their views and determina¬ 
tion in relation to the reform of their constitution, and 
in primary meetings have appealed to all men in Ma¬ 
ryland, without distinction of party, to rally now upon 
this important aud vital question; and as in most, if not 
all, of the States of this Union, the people by a con¬ 
vention of delegates selected for their patriotism and 
wisdom, have assembled, and after calm and mature de¬ 
liberation, amended, remodelled, or reformed their old 
constitutions, (however admirable and appropriate at 
the periods of their formation,) and adapted them to 
the changed condition, growing power, and the irre¬ 
pressible progress of a more enlarged spirit of improve¬ 
ment, and the fuller lights which practice and experi¬ 
ence have bestowed; and as it is desirable that a work 
of such importance, and so allied with the feelings and 
interest of the people themselves, should be commen¬ 
ced, pursued and completed in a spirit of harmony and 
union, and that all minor questions, whether of Fede¬ 
ral or State policy, should be omitted, to attain for the 
people the great blessings of reform in their constitu¬ 
tion, which they alone are competent to make, most 
beneficially to themselves, by the means of a Conven¬ 
tion, which shall be composed of delegates directly 
elected by and immediately responsible to the people 
of this State. Therefore, be it 

1. Resolved, That this convention, constituted as it 
is of delegates appointed from the counties, district and 
city of Baltimore, here represented, do in behalf of the 
people of Maryland, whom they represent, declare that 
it is their wish, as it is their fixed determination, to 
have a full and thorough reform of the constitution of 
Maryland, by a Convention, so far as their votes and 
efforts can attain this great and .desirable object. 

2. Resolved, That we, as the delegates of the coun¬ 
ties, district and city of Baltimore, represented here, 
recognize no distinction of party, and will act upon no 
sectional prejudices or interests, in urging on and bring¬ 
ing about a reform of the Constitution of Maryland. 

3. Resolved, That the Legislature possesses the 
power, and should call a Convention at their next ses¬ 
sion, in obedience to the manifest and expressed will 
and wishes of the people, to reform the Constitution of 
the State. 

4. Resolved, That it is the opinion of this Conven¬ 
tion, the friends of Conventional Reform in every sec¬ 
tion of the State, should direct all their energies singly 
and exclusively to the end of attaining a Convention 
for the purpose of remodelling and revising our consti¬ 
tution and form of government ; and that, in order to 
facilitate the accomplishment of this object, we should [ 
not suffer ourselves or the movement to be embarrassed 
by controversies arising merely from differences of 
opinion which may exist as to specific and particular 


changes and measures cf reform, but wisely leave all 
matter of detail to the delegates from the people, who 
may compose such convention as may be called for the 
purpose of altering, changing and amending the con¬ 
stitution. 

5. Resolved, That in evidence of our sincerity in 
the premises, we, the members of this Convention, mu¬ 
tually pledge ourselves the one to the other, that we 
will cast our vote for no candidate for a seat in either 
branch of the Legislature of Maryland, who is not 
fully committed and pledged to vote for a bill providing 
for an immediate call of a convention to revise the 
present constitution; and that we commend this course 
to the friends of conventional reform of all political 
parties throughout the State. That this Convention 
also recommend the formation of reform committees 
and clubs in every county, district and city in the 
State, for the purpose of urging on the great work of 
Conventional Reform. 

6. Resolved, That two copies of the proceedings of 
this Convention be made, and enclosed by the Presi¬ 
dent of the Convention to the President of the Senate 
and the Speaker of the House of Delegates of Mary¬ 
land, and request them most respectfully to bring the 
same before the Legislature for their consideration. 


Singular Prophecy. —Lorenzo Dow, of eccentric 
memory, was in possession of a German work on the 
Prophecies, which he valued highly, and frequently 
made quotations from. Among other remarkable say¬ 
ings of the author, were these : 

“I would not be a King, in 1848.” 

“I would not be a grave digger, in 1849.” 

“I would not be a soldier, in 1850.” 

“I would be either, in 1851.” 

The work alluded to was written 200 years ago. It 
certainly posseses an interest for the curious. How 
frail the tenure by which kings held their crown, in 

1848. Who would like the office of a grave digger in 

1849, unless he was solely mercenary ? How more 
than presumable is it that the military men of the 
earth will contribute multitudes, in 1850, to fill a wide 
and quite grave. And we may hope, at least, in 1851, 
for the fair harbingers which promise “peace on earth 
and good will to mbn.”— Journal of Commerce. 

ICTThe salary of the President of Mexico has been 
reduced from $36,000, and fixed at $25,000 annually, 
the same as our President. 

CTDuring the three first days of the present week 
the people of Kentucky have been engaged in the elec¬ 
tion of members of the Convention to remodel the 
State Constitution. 

When this body meets may it give the State such a 
Constitution as will aid in deyelopingher resources and 
lead to the prosperity and happiness of her people. 

dFBack No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 

THE NEW CONS'rTfUTIOfi. 

ay S. MEDARY. 

TE^RMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ '• “ 10 00 

ETAll Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 

ET Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 

















THE NEW CONSTITUTION. 

“POWER is always stealing from the many to the few.” 


Vol. I. 


Columbus, Ohio, Saturday, 


August IS, 1849. 


NO. 16- 


Postage. —The postage on this work is the same as 
on a newspaper. 

“Homo” is received, and will appear in our next. 

Homestead Exemption. 

This subject is one which now agitates the public 
mind, and is strongly urged by its friends. We give 
to-day the argument of Mr. Dimmock, of the last Ohio 
Senate, embodied in a report to that body, as the ablest 
we have yet seen. Mr. D., handles the subject with 
decided ability. 

Convention Question in Indiana. 

The people of Indiana at the late election, passed 
judgment on the question of calling a Convention to 
form a new Constitution for that state. From the few 
returns before us, we are not able to state positively 
whether the question was decided in the affirmative or 
negative, though we believe the friends of Constitu¬ 
tional Reform have a majority of the votes in the state. 

The Territory of Oregon. 

By the late California papers we learn that a census 
has recently been taken of the inhabitants of Oregon, 
which shows that the population of that territory is 
8,902. This number includes the foreign population, 
which amounts to less than 300 souls. Gov. Lane has 
issued a proclamation, fixing the number of members 
of Council and House of Representatives to which 
each county is entitled, and ordering their election on 
the first Monday of June. The election for a Delegate 
to Congress is to be held on the same day. By the cen¬ 
sus there are 2,500 voters in the territory ; but, in con¬ 
sequence of the absence of many of them in Califor¬ 
nia, and by reason of there being some six candidates, 
it is supposed that the successful aspirant for the office 
of Delegate, will not receive more than two hundred 
votes. The rage among the people of Oregon for gold 
hunting is greater than ever, and both the newspapers 
have suspended operations in consequence thereof. 

Reform. —At a primary meeting of the whigs of 
District No. 2 of Washington county, Md., resolutions 
were adopted pledging their best endeavors “to secure 
a convention to reform the’Constitution of Maryland, 
and make such other alterations in the existing laws of 
the State as the people shall desire; ” and requesting 
their delegates to the county convention “ not to vote 
for any man as a candidate for a seat in the next House 
of Delegates who is opposed to Conventional Reform.” 


The Republic of the New aml’tie Republic of 
the Old World. 

The Journal des Debats of Paris, thus speaks of the 
United States: 

“There we behold a country, giving a lesson to all 
Europe. One, that performs all its promises to do.— 
Look at France and draw the comparison.” 

The difference between the two countries is indeed 
great—the comparison highly flattering to ours. Our 
Revolutionary sires, in framing the Government, wise¬ 
ly provided, in the fundamental law foritsown change, 
and hence, as an eloquent statesman of our own day 
says, “it is the only country on earth that no revolu¬ 
tion can subvert.” When the public will requires a 
change— when one portion of the people are found to 
be oppressed, a change of the Constitution of the 
National Government effectually remedies the evil. 
So it is with the State Constitutions. Whenever 
they are found no longer suited to the condition of the 
people or of the State, the people have the natural, in- 
herenfand inalienable right of altering them, and almost 
every State Constitution, as well as that of the General 
Government have been changed, yet those changes 
have but given enlarged liberty to the masses, and have 
added strength, simplicity and durability to the Union. 

In France, all changes are effected by force.— 
The people, when they find the evils are no longer suf¬ 
ferable, rise with arms in their hands, erect their bar¬ 
ricades, and if successful, change their form of govern¬ 
ment in name; but demagogues, taking advantage of 
their credulity, gain their confidence and deceive them, 
and the result is, after patient suffering for a time, a 
new revolution is the consequence. There the people 
appeal to force to right their wrongs—here the people 
appeal to reason and the ballot box to redress their grie¬ 
vances Trained to this, and from infancy impressed 
with the fact that ours is a government of laws, and 
not of force—that it is supported by public opinion, and 
not by a paid soldiery, to put down meetings of the 
people, our citizens cling to the Union with the fond¬ 
ness of a mother for her child; and it is this that ha* 
given us a name and a fame among the nations of the 
earth, which makes the American, treading on Europe¬ 
an soil, proud to claim his nativity in the Republic of 
the West 

Albert Gallatin, formerly Secretary of the Treasury 
under Mr. Jefferson, died in New York, early on Mon¬ 
day last at a very advanced age. 

























THE NEW CONSTITUTION. 


Q 19 

<W X w 

Tlie Prowling: Wolf is on the Walk! 
ILet the friends of Constitutional 
Reform beware! I 

Information which has come to our knowledge with¬ 
in the past week, shows that a determined and secret 
effort is now being made to defeat the calling of a con¬ 
vention to re' model the State Constitution. So strong 
is the argument in favor of this change, that those who 
oppose it dare,not meet the questions involved in a fair, 
open and manly discussion, and appeal to the people to 
sustain them, by argument; for that, they feel, would 
add to the number of the advocates of a new constitu¬ 
tion, and hence, while professing to be in favor of the 
measure, they throw cold water upon it, and endeavor 
to frighten the timid by such arguments as that this is 
not the proper time, and the expense of the convention 
will be 50 great that it will cost more than the good 
that will arise from its labors- 

What better time than the present? Political parties 
are now enjoying a truce until the time when they will 
again meet in hostile array on National politics. We 
have no governor to elect, no great exciting questions 
at issue, and the present campaign has been marked 
with none of that bitterness which prevails in all hotly 
contested elections. This, then, is the accepted time 
—none could be better. 

But then the expense! Aye, there's the rub! The 
whole expense, will be perhaps half as much as a sin¬ 
gle session of the legislature, if indeed it be so great.— 
The singlereform of allowingthe people to choose their 
own officers, instead of, as now. giving this power to the 
legislature, will so materially reduce the length of leg¬ 
islative sessions, as to save the entire expense of the 
convention, in two years time. If, in addition, the 
powers of the legislature in the passage of laws, is lim¬ 
ited to that of a general nature, giving to men who 
wish acts of incorporation, to band themselves together 
under general laws, without application to the legisla¬ 
ture, we have no hesitancy in saying, that, during a 
single session af the legislature, more money would be 
saved to the people, than it would cost to call a con¬ 
vention, pay its members, and to make a new consti¬ 
tution. 

The advocates of a new constitution, as one of their 
arguments, (and a strong one it is,) for the change, as¬ 
sert, and have given proof of its truth, that legislation 
is too expensive,and that with a new constitution,we will 
have shorter sessions, fewer and better laws, and with 
much less cost to the people. With Judicial Reform— 
a reform such as will give prompt justice to suitors in 
Court, the saving of cost, caused by the delay atten¬ 
dant on the present system, in one single year would 
pay the whole expense of a new constitution ten times 
over,and yet men who profess to be in favor of a change 
of the fundamental law,—of giving to them a consti¬ 
tution suited to her present wants, and in accordance 
with the progressive spirit of the age, hypocritically 
argue the great expense as a reason why we should de¬ 
fer the calling of a convention. 


The present constitution makes it necessary that, a 
majority of the votes cast for members of the legisla¬ 
ture be cast in favor of the calling of a convention, or 
else the project fails—every ticket put into the ballot 
box not having the words “For a Convention” written 
or printed thereon, is to be taken and counted as a vote 
as much against the calling of a convention, as though 
the person voting it had written or printed on his ticket 
the words “Against the calling of a Convention .” It is 
by this silent vote—by telling voters that it is a diffi¬ 
cult question to decide, and probably it would be best 
not to vote at all on this subject, that the enemies of 
Constitutional Reform,hope to defeatthis great measure. 
We trust that all who go fora new constitution, wheth- 
he be known in party politics as whig, democrat, free- 
soiier or by any other name, will take early measures 
to circulate the facts in relation to the consequences of 
this silent vote, and that they will strip the sheepskin 
off the wolves, who by pretending to be in favor of a 
new constitution are secretly its most deadly and dan¬ 
gerous enemies. In open and manly discussion, they 
fear to meet the advocates of Constitutional Re¬ 
form, and hence their underhanded efforts to effect their 
purposes. 

The State of Ohio. 

When the present Constitution was formed, it num¬ 
bered but nine counties, and contained, as showed by 
the census then just taken, a population of 45,365.— 
The counties thencrganized, with the exception of Ross 
and Fairfield, were immediately upon the Ohio river, 
the remainder of the State being an unbroken wilder¬ 
ness. The popular vote at the time delegates to the 
Convention were chosen, did not exceed 3000, where¬ 
as, after a lapse of but 46 years, at the Gubernatorial 
election of last fall, 297,943 votes were polled. That 
Ohio will show, at the coming census of 1850, a popu¬ 
lation of over two millions, is generally conceded. The 
Constitution of 1802 is worthy of the liberal minded 
patriots and pioneers of that day, and under it Ohio has 
grown to be a great and powerful member of the con¬ 
federacy. W,ho, in reviewing the past growth, and es¬ 
timating the future progress of our entire State with 
its varied and important interests, can say that a change 
in this Constitution is not needed? Who will say that 
a Judiciary system, the most important branch of State 
government, for nine counties and 50,000 people, is 
suitable, or even practicable, for 85 counties with 2,- 
000,000 people? We believe that in addition to the Judi¬ 
ciary, our Executive and Legislative departments, and 
in fact our entire system of state policy needs a thorough 
reform. One of the first States of the Union should 
exhibit a public policy more worthy of her position. 
That the mass of the people are in favor of a change, 
a radical reform of the entire system, we are fully per¬ 
suaded; and also it is true that years ago a majority 
would have voted for a Convention, had not certain 
partizan leaders opposed it. The feeling is stronger at 
present than at that time, and in fact more important 
changes are considered necessary than were ever 
thought of at that time. We believe that three-fourths 
of the entire vote in October will be for a Convention 
to amend the Constitution, notwithstanding the oppo¬ 
sition of the old whig leaders. These men have long 
opposed the progress of reform; but like royalty in 
in Europe, they must give way. The people will rule. 
—Defiance Democrat. 







THE NEW CONSTITUTION. 


243 


Report of the Select Committee on 
Homestead Exemption. 

Mr. Dimmock, from the select committee to whom 
was referred the petitions of Seneca county, praying 
that family homesteads may he exempt from sale, on 
execution to pay debts, made the following report: 

That the exemption of the family homestead from 
sale for debts, is intended as a benign protection of the 
innocent and unfortunate from the severities of the 
law. Judicial sales of a debtor’s real estate usually 
arises from his misfortune or his improvidence. In 
either case, the calamity falls most heavily upon the 
wife and children, who are innocent and helpless suffer* 
ers. The provision, therefore, is humane; in the light 
of political economy it is also wise. 

The object of law is to promote public happiness— 
the sufferers from judicial sales form a large portion of 
the most numerous class of citizens; small farmers and 
traders, artisans, mechanics, manufacturers and labor¬ 
ing men, in towns and cities; and upon these fall most 
frequently and with greatest severity, the inevitable ca¬ 
lamities of our race, such as disease, pestilence, revul¬ 
sions of trade, commerce and manufactures. The hap¬ 
piness of this numerous class should not be contingent 
upon the chances of health or public prosperity. To 
secure their independence, the roof that shelters them 
should not be at the mercy of an employer, who, by 
withholding work can deprive them of bread, take 
away their home, and force them asunder, to seek shel¬ 
ter where it may be found—or at the mercy of a cred¬ 
itor, who may force it to sale, and buy it himself, at a 
mere nominal price. 

The homestead, then, should be a place of refuge, 
where the poor and weary may lay his head, with none 
to make him afraid—an altar where family love may al¬ 
ways burn,a castle where the oppressor may not approach. 
Give permanence to the poor man’s home, and he will 
be virtuous and independent—shelter his wife and off¬ 
spring by an established homestead, and they will sel¬ 
dom become victims of vice, want or crime. Happi¬ 
ness, virtue, independence and the welfare of Re¬ 
publican Government ; in the family homestead they 
must grow and expand, without it they must perish. 
So that security to the homestead is one of the great¬ 
est ideas to be realized for the improvement of our 
race. . 

It is a lamentable truth, that the tendency of past leg¬ 
islation in Ohio, and in our National Legislature, has 
been to build up and protect capital at the expense of 
labor—to enhance the profits of commerce, manufac¬ 
tures, and mercantile and speculative pursuits, and ren- 
derthe laborer, the agriculturist,and the poor mechan¬ 
ic, mere objects to be protected by the capitalists, than 
as being under the protection of government. In fact, 
the whole system of present class legislation seems to 
have been effected on the maxim ascribed to a distin¬ 
guished statesman—let the gevernment take care of 
the rich and the rich will take care of the poor!—The 
reverse should be the motto of all Republican Govern¬ 
ments—“ let government protect the poor—the rich 
will take care of themselves.” The object of all law 
should be “the protection of the weak against the ag¬ 
gressions of the strong.” And while in this State, 
every possible expedient is resorted to, in order to con¬ 
fer exclusive and important privileges upon bankers, 
and at the same time exempt them from the operation 
of just and wholesome laws, it is high time that the 
hand of protection should be held out to the poorer, 
more numerous and more worthy classes of commu¬ 
nity. And who are those who would reap the advan¬ 
tages of the Homestead exemption? The large class 
of citizens and their families, who dig the wealth of 
your State from the soil—who build your roads and ca¬ 


nals, who erect your noble edifices, and beautify your 
towns and cities—the first to take up arms in defence 
of your liberties—the same class of men who have car¬ 
ried us triumphantly through two wars at home, and 
carried the American flag triumphantly to the far 
south and west—placed it victoriously upon the ancient 
walls of Montezuma, and raised it in triumph on the 
shores of the Pacific. This is the class that will reap 
the most benefit from this law. The bulwarks of free¬ 
dom in war—the pillars of government in peace. The 
miser, the moneyed Shylock, the banker, the specula¬ 
tor; it is against the ruthless touch of these wily men, 
that we ask the Homestead to be protected—yet we do 
not desire to prevent them from also securing its ad¬ 
vantages. 

Nothing tends to form a happy, contented, hard¬ 
working yeomanry, attached to their country and its 
institutions, so much as a direct and permanent interest 
in the soil they cultivate. So in an equal proportion, 
nothing can tend so much to enhance the happiness, 
virtue, family, family love, love, intelligence and inde¬ 
pendence of the people, as the certainty that amid all 
the revulsions of trade, all the speculations and compe¬ 
titions of commerce, the family Homestead cannot be 
wrested from them; and that they may improve and 
adorn it with flowers, vines and shrubbery; with fruit, 
shade and ornamental trees, and render it a rural para¬ 
dise for the shelter of old age, and the retreat and en¬ 
joyment of innocence and youth—conscious that it is 
their own beyond all contingencies! 

In a country like ours, where all clssses are rushing 
into competitions in trade—in speculations of every 
grade and character, and where the whole currency of 
the country is under the control of corporations who 
can by “ expansion ” encourage the most dangerous and 
unlimited speculations; and by “contractions” at their 
will produce the most overwhelming and disastrous re¬ 
vulsions; it is a truly wise and benificent measure that 
will place the family homestead beyond the reach of 
all these conflicting elements! It is needless here to 
portray the sad and miserable condition of the unfor¬ 
tunate debtor, who has, with his wife and heloless chil¬ 
dren, been driven from his home by the misfortune or 
improvidence of trade—every Senator’s memory is full 
of such scenes! In times of speculation, we hear 
much of the fortunate makers of fortunes; butwe hear 
nothing of the great numbers who suffer loss, except 
when some gigantic failure precipitates hundreds into 
distress and ruin—or when some pistol shot reveals the 
mental distiess of some gambler, not the less one be¬ 
cause he plays with the fictions of commerce and 
stocks, instead of dice. But in all such revulsions, 
thousands of poor laborers, farmers or mechanics must 
suffer,while the millionaire who has ruined himself and 
them, wipes out all his obligations with a National 
Bankrupt sponge ! 

On whatever side we look, under every aspect in 
which we can view this subject, the same admonition 
stares us in the face! Protect the poor! —and, above all, 
protect the homestead of the poor man’s family. This 
admonition ought to be the most important study of 
the legislator and of the Government. Protect the 
poor, for in their precarious condition they cannot con¬ 
tend with the rich without every day losing some of 
their advantages; protect the poor that they may keep 
by law, by custom, by a perpetual exemption, rather 
than by competition—that source of rivalry and hatred 
—that interest in the soil which the God of Nature de¬ 
signed they should retain, and to which their toil enti¬ 
tles them; that they may rest in security, increase in 
knowledge and virtue, and become what they ought to 
be, the very pillars of our government. 

But to return from this digression. The exemption 






244 


THE NEW CONSTITUTION. 


of the family homestead from judicial sales, seems to 
be a measure demanded by justice and humanity, as 
well as the progressive spirit of the age. How to re¬ 
alize it by practical effect, seems at first to be difficult. 
But, under the Ohio laws, it is a question of easy solu¬ 
tion, and the measure may be carried out in perfect 
harmony with existing laws, with very slight addition¬ 
al provisions. The first step is to render it equal to all 
who may need its provisions. Some standard must 
therefore be adopted. Quantity of land cannot form 
the measure, because the /alue varies. The value of 
the homestead must therefore be measured by money, 
the universal standard. Six hundred dollars will be 
fouud an average value of the homestead in towns and 
country, of traders, farmers, mechanics, manufacturers 
and laborers, needing this protection. This sum may 
therefore be assumed as a standard. 

As the law cannot bestow property, but only secure 
its possession, the fact must first be ascertained that the 
property proceeded against is the family homestead, 
and also its value. This can be done by the same in¬ 
quest and proceedings, by which under existing laws, 
lands are appraised before sale. If the property be a 
homestead, and not exceeding the value of six hundred 
dollars, the fact being found under oath and officially 
returned, the law may therefore declare its exemption 
from sale. But the rights of debtors and creditors de¬ 
pending upon these findings, it shall be subject to full 
investigation in open court, upon cause shown by ei¬ 
ther party. By this means security may be furnished 
to the debtor, and justice to the creditor, in accordance 
with the provisions of law. 

But it may often happen that the homestead exceeds 
six hundred dollars in value. Is the debtor to go un¬ 
protected? By no means; in such cases the property 
will generally be capable of division. So much, there¬ 
fore, may be set off for the homestead, as will equal 
the standard adopted, leaving the residue for sale. 

It may sometimes happen that no division can take 
place. In such case the debtor can claim no protec¬ 
tion, because if he was allowed to retain it all, the 
homestead exemption might become the means of in¬ 
justice, and perhaps fraud; and besides, it is the debt¬ 
or’s own act, that from pride, luxury, or other motive, 
he has chosen to adopt as a homestead, what the law 
cannot, without injustice, protect. The law can sel¬ 
dom provide for every case, and the practical legislator 
will only seek to obtain the largest practicable amount 
of good. He will not, or should not, be deterred from 
doing what is in his power, because he cannot obtain 
universal good. The law should, then, provide that 
where the property exceeds six hundred dollars in val¬ 
ue, an allotment shall be made by the same officers, 
where it can be done so as to afford protection To 
secure justice to both debtor and creditor, this allot¬ 
ment is subject to the revision of the court. 

It is not only during the debtor’s lifetime that the 
homestead should be protected. After his death, by 
existing laws his real estate is subject to sale for debt, 
by administrators. And it is a singular inhumanity of 
the law, that when death removes the head of a fami¬ 
ly, his wife and children shall have no longer a roof to 
shelter them. No sooner has death borne out the fa¬ 
ther, leaving in dismay and agony a heart-stricken wife 
and helpless children, than the law stalks in to cast them 
out, a prey to want and misery. And thus it often 
happens that a mother is hurried to the grave, leaving 
the sons and daughters no resort but vice and crime— 
no home but the broad world before them! If there is 
a iy time when the homestead should be inviolate, let 
it be so to the widow and orphans. Accordingly, the 
liw should provide that it shall not be subject to sale 


by administrators, and the same means adopted as in 
other cases, to afford that protection. 

In all cases of this character, the intent and subject 
matter and persons to be operated upon, shouldbeclear- 
ly as possible defined, so as to give certainty and uni¬ 
formity to the rights sought to be established. The 
persons for whose benefit it is to be protected, and the 
duration of that protection should be defined by the 
law. 

The family are the chief objects of care, the source of 
blessing, and the principal sufferers from want, and 
chief objects of protection. During the debtor’s life, 
the family may consist of the wife, alone, or only of 
children, or of both; so after his death, the family may 
consist of his widow, or of his children, or of both.— 
So long as any remain, the sacred character of the 
homestead should protect and shelter them. In case of 
both parties being dead, the homestead continues to be 
protected only until the youngest child becomes of 
age, and no longer. For in the order of nature, chil¬ 
dren usually, upon attaining full age, and often before 
that time, acquire for themselves a home. Now, the 
object of the law should be, only to furnish protection 
where protection is needed. That necessity ceasing, 
the property becomes subject to the payment of debts. 
In some cases, children need a home after attainiug 
full age; but, as before remarked, all cases cannot be 
provided for. The general good only, and not the uni¬ 
versal, is attainable. 

Finally, in this, as well as other cases, due respect 
should be had to existing debts ; all existing liens are, 
therefore, protected by the provisions of this bill. It 
may be said that this provision should extend not only 
to liens actually acquired, but to contracts made. To 
this may be answered, that contracts only imply a per¬ 
sonal obligation, and in general create no lien upon 
property. Whenever a lien has been contracted by a 
legal act or specific agreement, then it is preserved— 
and to limit the operation of the law in any other case, 
would occasion difficulties in its application, greatly im¬ 
pairing its beneficial design. 

It is believed that the provisions herein advocated, 
with such amendments as wisdom and prudence may 
dictate, will make one more advancing step towards the 
true design and proper objects of governments. 

All which is respectfully submitted. 

A. G. DIMMOCK, 
JOHN F. BEAVER, 
JOEL W. WILSON- 

. Truth and Error. 

-Error’s victories are sooner won. 

Who fights for her, fights for an easy spoi 
With willing soldiers, valiant in the cause. 

And gains the battle, oft without a scratch ; 

For Error crowns her generals ere they die, 

And blazons in men’s ears with blatant voice 
Their bloodiest deeds, until the foolish world 
Exults them—first to heroes, then to gods, 

And swears for ever after by their names. 

But blessings on the Truth, it prospers still. 

And Error though it lives luxuriantly, 

Lives fast, and grows decrepit, and expires, 

To be succeeded by its progeny. 

But Truth ne’er dies. Once let the seed be sown, 
No blight can kill it: neither winds nor rain, 

Nor lightning, nor all wrath of elements, 

Can e’er uproot it from the hungry soil. 









THE NEW CONSTITUTION. 


245 


The Let-alone Policy,—Dread of Innova¬ 
tion. 

In reply to a speech in which a great project which 
would entail a heavy national debt on the English na¬ 
tion was opposed on the ground of the injustice to pos¬ 
terity of leaving them a heavy deht to pay, and 
urged with much force; a member of that body 
replied, that he cared not for posterity, for, said he, 
with prodigious emphasis, and earnestness,“tell me, sir, 
if you can, what has posterity ever done for us?” 

Tlys Constitutional Reformers of Ohio would give to 
themselves, and bequeath to posterity a new constitu¬ 
tion under which the state could flourish, instead of 
having its energies pressed down by one unsuited to 
the wants of a large population. But because posteri¬ 
ty has done nothing for us, the conservative spirits of 
the land, will not aid in the task. They would block 
the wheels of the car of progress, merely because our 
fathers knew not by experience, as we know it, that 
that country is the best governed which is governed 
least—that the fewer and [the simpler the laws, the 
better are they administered and obeyed. 

A tyrant in the olden time enacted laws, and had 
them written out in a small hand and placed so high 
that the eye could not reach to read them. For this, 
and for other and similar crimes, his name has come 
down to us, loaded with the execration of centuries.— 
How much better than this act of the Roman tyrant is 
the passing of some three or four hundred laws each 
session, which nineteen-twentieths of the people 
neither see, or get a chance to see. Under a new con¬ 
stitution, the passage of the greater part of these laws 
would be merged in one general law, and the time of 
the Legislature no longer occupied with them, and 
all based upon the same principles, would be general 
in their character, and instead of every Railroad, Turn¬ 
pike, Village and other charter, being different, all 
would, in their general provisions and powers, be alike, 
so that a person conversant with the powers conferred 
by the general law, would know the powers conferred 
in each and every act of incorporation in the state. 

Fearful of doing justice to posterity, the men who 
oppose the new constitution do injustice to themselves 
aud to those whose misfortue it is to live in the same 
age with men who would have the world stand still, 
fearful that in its diurnal revolutions, they might lose 
their footing. 

Among the most beautiful villages in Ohio, is one, 
rich in natural advantages, aud which, under different 
auspices, would have made it Inferior to no city in 
the state, save only that which is now recognized as 
the Emporium of Ohio. But the first settlers are of 
the kind of men of which we speak, and every new 
comer in the town has their enmity, and is looked up¬ 
on as an intruder. They act as though the town was 
made for them and them alone, and no one else should 
set foot in it. The result is, that as the steamer dashes 
by, the passengers wonder why it is, that so beautiful a 


7 - 

town, so admirably situated for business presents so 

lifeless an appearance. These men, the capitalists of 
that town, and those like them will oppose, a new con¬ 
stitution/or they have lived under the present one, and 
wish to die under it, not because it is the best,—not be¬ 
cause it is the kind of a constitution that Ohio needs, 
bu? because they are afflicted with that disease called 
the dread of innovation “ Posterity never did any 
thing for them, why then should they do anything for 
posterity?” 

Written for the New Constitution. 

EQUAL RIGHTS. 

Col. Medary :— 

Your “New Constitution” is laden with 
very many good things, and is engaged in a prospect¬ 
ively important enterprize ; and among the many de¬ 
sirable suggestions, I observed an item, (19,) p. 24, 
No. 2, and an article on p. 41, bearing favorably to¬ 
wards the moral and civil elevation of woman—a sub¬ 
ject which has been strangely deferred till the prtsent 
period. 

Indeed, it may be difficult to foresee the modifying 
and elevated influence of thousands of such women as 
Childs, Sigourney, Mott, Sedgwick, or Beecher, upon 
our institutions, if they were once emancipated to civil 
liberty ; while it might call out the faculties, industry 
and responsibilities of woman, every where ; whereas, 
her mind is now mostly occupied, out of her domestic 
duties, in trifling show, fashion and vanity, and com¬ 
paratively a slave to surrounding influences, is daily 
losing that solidity of mind, which, in widened and 
more important responsibilities, would be cherished and 
carefully retained. 

Woman ought to be “at home” in the kitchen, asman 
should be in the field and work shop, and may she not, 
like man, occasionally have some voice in literature— 
in science—or even, in medicine and the law—at least 
so far as a representation of her own sex would be de¬ 
sirable ? 

Has it been truly said that all Just “Governments de¬ 
rive their powers from the consent of the governed ?” 
Has not woman’s independence, decision of character, 
intellect and usefulness been considerably circumscrib¬ 
ed, by refusing to encourage her civil rights,—privi¬ 
leges in themselves inalienable ? May she not have a 
voice in making the law 'which she submits to ? If 
not, is the law justly binding upon her ? May she not 
have the privilege, if she wishes, of being tried by her 
own peers, or persons of her own sex ? 

May she not, also, have the right, if she desires it, 
under* the law, of employing “legal” persons of her 
own sex, as counsel or advocates, provided they have 
acquired usual qualifications in the law ? 

In great candor, the subject is of sufficient magni¬ 
tude, for discussion at this juncture—and when wo¬ 
man is ennobled by law,may we not expect man to be a 
sharer in the benefit and consequent usefulness ? Will 
it be duty to longer overlook this branch of Reform ? 

If man, therefore, entertains any natural love for 
woman, saying nothing of ordinary gallantry, which 
he is so careful to uniformly bestow, will he fail to 
endorse what is already granted by a higher Legislator 
and Dispenser of human events than himself ? 

This agitation cannot end, it strikes me, in a “May 
be” of “Perhaps.” 

Yours for Equal Laws. 
REBECCA M. M. S*****». 

Akron, Aug. 10th, 1849. 








246 


THE NEW CONSTITUTION. 


State Government for California. 

We have already published the Proclamation of Gen. 
Bennet Riley, the civil and military Governor of Cali¬ 
fornia, recommending the people of that territory to 
form a State Constitution, as well as the proceedings of 
a mass meeting of the citizens of California held at 
San Francisco, which denounced the plan of General 
Riley. At the latter meeting it will be recollected a 
committee of citizens were appointed, whose procla¬ 
mation will be found below. “The proclamation of that 
committee denies in express terms the legality of Gen. 
Riley’s interference, at the bidding of the Secretary of 
War, by appointing a time and place for the meeting of 
the convention, and by dividing the territory into dis¬ 
tricts, and by apportioning the delegates; but to avoid 
confussion they recommend acquiescence. Whether 
that recommendation will be complied with remains to 
be seen. The meeting of the citizens of San Francisco 
disregarded General Riley’s proclamation entirely; and 
the proclamation of the committee appointed by that 
meeting, recommends to the citizens of San Joaquin 
and Sacramento to disregard the apportionment of Gen. 
Riley, because it is unjust, and to elect a suitable num¬ 
ber of delegates.” 

Proclamation of the People's Committee 

The undersigned, composing a committee appointed 
at a mass meeting of the people of the district of San 
Francisco, held on the 12th of June, 1849, “to corres¬ 
pond with the other districts, and to fix an early day 
for the election of delegates, and the meeting of the 
convention; and also to determine the number of dele¬ 
gates which should be elected from this district,” have 
given the subject the attention which their limited time 
and means would permit. The time being a matter not 
of principle, but of mere expediency, and the committee 
being duly impressed with the urgent necessity of suc¬ 
cess in the main object desired by all parties, have not 
deemed it their duty or right, under the circumstances, 
to do any act that might endanger the ultimate success 
of the great project of holding the convention. The 
committee, not recognising the least power as matter 
of right in Brevet Brig. General Riley, to “appoint” a 
time and place for the election of delegates, and the as¬ 
sembling of the convention; yet as these matters are 
subordinate, and as the people of San Jose have, in 
public meeting, expressed their satisfaction with the 
times mentioned by General Riley, and, as we are in¬ 
formed, the people of the districts below will accede to 
the same; and as it is of the first importance that there 
be unanimity of action among the people of California 
in reference to the great leading object—the attempt to 
form a government for ourselves—we recommend to 
our fellow-citizens of California, the propriety under 
existing circumstances, of acceding to the time and 
place mentioned by General Riley in his proclamation, 
and acceded to by the people of some other districts. 
The committee would recommend their fellow-citizens 
cf the district of San Francisco, to elect five delegates 
to the convention; and they cannot but express the 
opinion that their fellow-citizens of the two great min¬ 
ing districts of Sacramento and San Joaquin, have not 
had anything like justice done them by the apportion¬ 
ment of General Riley; that they are justly entitled to a 
greater proportion of delegates to the convention than 
the number mentioned in General Riley’s proclamation; 
and the committee believing their fellow-citizens of the 


mining districts to have equal rights, in proportion to 
their numbers, with the people of otherdistricts, would 
recommend them to elect such increased number of 
delegates as they, in their judgment, shall think just 
and right. 

PETER H. BURNETT, 
WM. D. M. HOWARD, 
MYRON NORTON, 

E. GOULD BUFFUM, 
EDW. GILBERT. 

June 18, 1849. 

From the papers, letters, &c., brought over by the 
steamer Falcon, which arrived at New Orleans a few 
days since, the papers of that city glean the following 
interestingjfacts in relation to the formation of a state 
government in California, &c. 

The inhabitants of San Francisco, at a crowded 
meeting held on the 12th of June, was steadfast in fa¬ 
vor of a Provisional State Government. The Alta 
California, commenting thereon says: 

“ We cannot refrain from expressing the hope that 
other districts will follow our example, and that the 
campaign thus propitiously begun, will not be suffered 
to flag until our Representatives and Senators have 
taken their seats in the United States Congress.” 

The inhabitants of the Puebla and District of San 
Jose on the 21st June agreed to resolutions in accord¬ 
ance with Gen. Riley’s proclamation. 

Gen. Riley exercises the functions of civil Governor, 
by virtue of his office as commanding military officer of 
the department, and has summoned a general conven¬ 
tion, to meet at Monterey on the 1st September, for the 
purpose of forming a State constitution, or a plan for a 
territorial Government. It will consist of thirty-seven 
delegates, who were to be elected from the several dis¬ 
tricts on the 1st of August. On the latter day, were 
to be elected persons to fill the offices of Judges of the 
Superior Court, prefects and sub-prefects, and all va¬ 
cancies in the offices of alcalde (or judge of First In¬ 
stance,) alcaldes, justices of the peace, and town coun¬ 
cils. 

LAW AND JUSTICE,—PUNISHMENT OF CRIMINALS. 

Notwithstanding the variety of population so sud¬ 
denly thrown together, and coming from all parts of 
the habitable globe, them is the most perfect respect 
paid to law and justice—no man, high or low, es¬ 
capes a merited punishment. As the people at pres¬ 
ent have no written code of laws, or system of govern¬ 
ment to enforce, they by common consent and mutual 
understanding, adopted the following course of action: 

Whenever a camp is formed at which ten or more 
persons locate themselves, they meet and elect from 
among them by popular suffrage, one person to act as 
alcalde, (civil magistrate,) before whom are brought 
all cases of a civil character, which are tried and de¬ 
cided according to sworn evidence. There is no ap¬ 
peal from his decision, and every person must conform to 
this system of government, or he is liable to be arraign¬ 
ed as a criminal, and then two to one he gets a flog¬ 
ging, or is driven out of camp in disgrace. In every 
camp a sound, sensible, practical man has been elected, 
and the dignity, form and ceremony observed at the al¬ 
calde’s office, might be imitated to advantage in some 
of the inferior courts in the States. A fee is allowed 
the alcalde in all cases, so that he can, without loss, de¬ 
vote his exclusive time to the business of the public. 

Criminal cases are decided differently. Whenever a 
man commits any act against the peace and order of the 
camp, he is at once arrested and brought before the al¬ 
calde with a specification and the evidence on both sides 
of the offence; the alcade withoutdelay summons a jury 
of twelve men to try the criminal, who selects whom 







THE NEW CONSTITUTION. 


he pleases to defend him, and the judge selects a prose¬ 
cutor. After all the proceedings are terminated, the 
alcalde charges the jury to bring a true verdict accord¬ 
ing to the evidence. Some of the verdicts are a little 
singular in their character, and they may be laughed 
at, but no one can criticise theirstraightfonvard justice. 

I will give you a specimen, and then you can judge 
for yourself. A man was charged with killing another 
—the jury brought in a verdict “ that the person com¬ 
mitting the act was justificable,ashe had been attack¬ 
ed, but he was always ready to quarrel and fight and dan¬ 
gerous to the peace and good order of the camp, and 
therefore he must leave the country in thirty days ; 
failing to do which he should be shot down by the first 
person laying eyes on him.” Another case was that of 
a merchant who caught a Spaniard stealing from him: 
he fell on the offender and commencedstrikinghimwith 
his fist, but after a few blows the fellow fell dead at the 
feet of the merchant. The jury brought in a verdict 
that the merchant was justifiable in whipping the 
Spaniard when he caught him stealing, and that the 
killing was accidential; therefore they acquitted him. 
A person charged with maltreating an aged man and 
destroyed some of his property, the jury found him 
guilty and sentenced him to receive thirty-nine lashes 
on the bare back, to labor m the mines until he should 
reimburse the man for the destroyed property, and af¬ 
terwards quit the country. Every part of this rigorous 
sentence was faithfully executed. A fellow had stolen 
some property and was convicted—it was in a mosquito 
region—he was sentenced to be stripped naked and tied 
so that the mosquitoes could peg him for an hour, un¬ 
less he should sooner tell where all the property was 
secereted. After he had been exposed to the attack of 
the mosquitoes for fifteen minutes, he returned all the 
property. 

CLIMATE, SOIL AND MOSQUITOES. 

Independently of the mines, I look upon the valley 
of the San Joaquin as valueless—and after what I had 
read in the writings of different travellers through Cal¬ 
ifornia, I must confess that I have been entirely disap¬ 
pointed ; it is without wood and without water, except 
the few general streams running through it. At pres¬ 
ent it is parched and dry, and a spear of green grass is 
scarcely to be found, even upon the low-grounds along 
the river. When we come to consider that there will 
be no rain for three months more, what chance is there 
of raising good crops ? The land is poor, and very lit¬ 
tle of it would produce an average crop if it were well 
watered. The climate is delightful—during the day it 
is a New Orleans spring, while the nights are cool and 
comfortable—the temperature being such as to make a 
pair of blankets quite agreeable. The water of the 
rivers coming from the mountains is cold as ice itself, 
frequently making the teeth ache to drink. Along the 
San Joaquin, and at the mouth of its tributaries, mus- 
quitoesare more plentiful than I have ever seen them 
in the swamps of Louisiana, Alabama or Florida. 

With regard to the climate, Mr. Freaner, in a letter 
to the Picayune, says : 

“I have been in every State and Territory of the 
United States except Minesota, and I have never felt a 
climate so disagreeable, and one that renders every per¬ 
son so uncomfortable as that of San Francisco—with 
the flowing of the tide the wind rises, and then, during 
the balance of the day or night, it blows so violently 
that we can scarcely walk the street. Our eyes are 
continually filled with dust, and we, who have been ac¬ 
customed to a southern clime, are shivering with the 
cold more than half the time. As to ladies making a 
respectable appearance in the streets, it is entirely out of 
the question.” 


247 

A letter from a gold-digger to the Delta, also says of 
the climate : 

“There may be other parts of California, other than 
those I have seen, that may' justify the flattering and 
extravagant accounts published in the United States by 
the writers on California, but all fail in meeting that 
paradise of the world, that climate of Italy, that coun¬ 
try of flowers—unless it is the yedra, that poisons all 
who touch it, creating very painful and troublesome 
inflamation of almost the whole body—those vast 
flocks of game, are no where to be seen ; and the crys¬ 
tal waters promise to be very scarce, when the snow- 
floods shall have passed away.” 

GOLD HORDED BY THE DIGGERS. 

The Picayune learns that the quantity of gold in the 
hands of individuals—the diggers principally—in Cali¬ 
fornia, is immense. It is believed that within the last 
three or four months, nay, perhaps for a still longer 
time, the opinion has been extensively entertained by' 
the diggers and otheis, knowing little about the op¬ 
erations of money' exchange, that their gold is worth 
$18 an ounce. Under this impression they only part 
with barely sufficient to purchase necessaries, the rest 
they hoard fora better time coming, which they antici¬ 
pate. It is estimated that only one third of the gold 
collected is actually exported, the remaining two-thirds 
being retained as a rest. No wonder that prices of lots 
are so high, since gold is always at hand to exchange 
therefor. Mr. Cooke gives us the following statement 
of the amounts of gold dust shipped within the five 
weeks preceding the 1st of July: 


On the Oregon.$480,000 

British frigate Inconstant. 300,000 

U. S. sloop St. Mary’s. 225,000 


Total.$1,005,000 


The price of gold at San Francisco is $15 50 to $16 
the ounce. 


Garibaldi. 

The correspondent and artist of the London Illus¬ 
trated News, writing from Rome, gives the following 
description of Garibaldi: 

“I was fortunate enough to see Garibaldi the day he 
left Rome, and had a good sight of him. 1 sketched 
him and send you the result. I have been very partic¬ 
ular to get it like him. He is a remarkably quiet look¬ 
ing person, but wonderfully picturesque; he wore a 
white sort of cloak lined with red, and having a large 
velvet collar; it had plenty of bullet holes in it. There 
was no opening visible in the garment, so I imagine 
he puts it on like a shirt, over his head, like the poneho 
or South American cloak. His trowsers were com¬ 
mon gray, with a green stripe; and a black slouched 
hat and feather complete the costume ” 

The New York Sun says: 

“Garibaldi’s name figured largely, long before Rome 
was called to resist barbarian France. He was concern¬ 
ed in the attempt at Italian revolution several y'ears 
ago, whicli r banished him, Mazzini, Harring and others 
from Italy; and indeed, from most ol the despotic 
countries of Europe. Garibaldi’s name, has for many 
years been familiar to South American ears, and if he 
made money and fame as a restaurat keeper at Cincin¬ 
nati, he made much more, especially of fame, in bat¬ 
tling for South American liberty. Garibaldi is a 
thorough soldier, a sailor, and a pure patriot. His 
country all love him, and those who know him person¬ 
ally, idolize him.” 













2iS 


THE NEW CONSTITUTION. 


The Republic (luring the Life of one Man. 

At the last Presidential election, the democracy of 
the Union had as its standard bearer, Gen. Lewis Cass, 
of Michigan—a gentleman yet in the enjoyment of life 
and health, with an intellect yet in its prime, which has 
given its owner a name and a fame in Europe as well 
as in his own native land. Think not, gentle reader, 
start not at the idea that we are entering the arena of 
party politics, and to discuss the whys and wherefores 
of the late political contest, and to preach to you, thro’ 
the pages of our New Constitution, a homily on party 
politics, for such a thing is far from our intention.— 
We allude to Gen. Cass, as the most apt illustration of 
the facts that we are about to state, that we could find. 

Gen. Cass was born just before the close of the 
American Revolution, and of course before the signing 
of the Peace Treaty, in which Great Britain acknowl¬ 
edged these United States free and independent, and 
hence is older lhanthe Government! If homily we preach, 
this is our text. 

In commercial importance, the United States has 
outstripped all nations, save one—her ancient ally, 
France, has been passed in the race for commercial su¬ 
premacy, and our bold mariners and adventurous mer¬ 
chants are already grappling with England, to wrest 
from her the prize, that this young Republic may stand 
forth the first of commercial nations, as she is already 
first in stability of government and in resources. 

When the Revolution closed, and our government 
was formed, thirteen stars alone gleamed upon our na¬ 
tional flag, representing the thirteen States.» Thirty 
stars now lend their aid to make up the glorious gal 
axy—thirty States are already in the confederacy, and 
New Mexico, California, Minesota and Oregon, are al¬ 
ready preparing to thunder at thedoors of the National 
Congress for admittance, and soon will they be inscri¬ 
bed upon the list of States of what with just pride, and 
with truth we boast is the Model Republic! 

From the Aristook in the cold and bleak North, our 
Union sweeps South, passing the orange groves of the 
sunny on, while our extreme border plants itself 
in the Rio Grande, giving every variety of soil and of 
clime to te found within the temperate zone. From 
the Atlantic on the east, the traveler seeking the “far 
West,” which but a few years ago had a “local habita¬ 
tion and a name” in Ohio, bends his onward course to 
the land of the setting sun, and crossing the Rocky 
Mountains or the Siera Neveda, find it upon the shores 
of the Pacific, incapable of advance, because, like Alex¬ 
ander when he wept that he had no more worlds to 
conquer, it has no more forests to open to the pioneers 
of civilization. The Republic is now ocean bounded— 
stretching from sea to sea, it is rapidly filling up, rnd 
its destiny is still onward. All this has been acconv* 
plished within the life-time—nay, within the remem¬ 
brance of one man, and he still young enough to have 
been supported at the last Presidential election for its 
Chief Magistrate, and still young enough to occupy 
that proud place, a seat in the American Senate. 


Since the opening of the present century, the num¬ 
ber of States in the American confederacy has been 
more than doubled, and before the century fills half its 
years, the number of States will be increased, and in 
all probability its territory also. 

Within the present century, the whole Northwest 
was one Territory, governed by the same laws, and 
those not of the people’s make or choice. Now Ohio* 
the first born of the group, with a population of over 
two millions of souls, with Indiana, Illinois, Michigan 
and Wisconsin, each rapidly filling up, are daughters of 
this wilderness, and in peace as in war, have shown 
themselves among the richest jewels of the Republic. 

Great as was the anticipations of the Fathers of the 
Republic of its future growth and prosperity, yet the 
wildest hope has been more than realized. He who 
among the framers of the Constitution would have dar¬ 
ed hazard the assertion that the child was then living 
with the beard of manhood upon his face, that would 
within his life-time have seen this Union more than 
doubling its number of States, and more than doubling 
its territory, would have been deemed a madman fitter 
for a straight jacket than for a national counsellor.— 
Yet such is but the naked truth. 

And why is this so? Is it because our country is 
more favored than any other upon God’s footstool, in 
soil or climate? No! Other lands are equally favored, 
yet their prosperity, if they prosper at all, creeps on 
with snail-like pace, while ours sweep like the rush of 
torrent clearing all obstacles from its path. Ask the 
hunter whose life has been mostly spent in the bold 
scenery of the Rocky Mountains, and the solitudes of 
the western wilds, why it is that the wild horse of the 
prairies, as it dashes on with head and tail erect, with a 
rapidity almost equal to the flight of Jove’s imperial 
bird, differs from the dray-horse of our cities, and he 
will tell you, that while the one has been kept in sub¬ 
jection as a beast of burden, overtasked by man’s tv- 
anny beyond his strength, until premature age has 
made him worthless—the other has never bowed his 
neck to the halter, but free as the air he breathes, has 
moved unfettered—each equal with his fellows, and 
doing service to none. So it is with our Republic 
Our people are free—and equal laws, which recognize 
in man the capability of governing himself, has made 
us as a people, that we are. 

Like the overtasked dray horse, the yeomanry of 
Europe have felt man’s tyranny, and they know and 
feel that their energy of character is gone. Bad gov¬ 
ernment has kept other nations from prospering, but 
here, where the people are the fountain of all power, 
man is, and will continue to be free. They have the 
right to build up, as they have the right to pull down 
their government, and experience hath shown that this 
power has never been exercised save to reform abuses, 
and as long as government is administered with impar- 

I tiality—giving equal laws and equal justice to all, this 
power never will be exercised save for the public good. 








THE NEW CONSTITUTION. 


249 


For six and forty years, the people of Ohio have 
lived under a Constitution ill suited to their wants— 
formed in haste for the purpose of getting rid of the 
evils which existed in the form of territorial govern¬ 
ment given them by Congress. With but a sparse pop¬ 
ulation the present Constitution answered well enough, 
but experience hath shown that it now, and for many 
years past, has needed amendment. The last Legisla¬ 
ture, by a majority of more, than two thirds of the 
whole number of members elected, so declared, and by 
law they called upon the people to vote at the election 
in Octbber next whether they wish a Convention 
called to remodel it. In this, they but reflected the will 
of those they represented. Other States have changed 
their Constitutions, and in every case for the better— 
giving enlarged liberty to the people and bringing the 
states, whose fundamental law has thus been changed 
nearer the true theory of Republican government. 
Taking the new Constitutions of the different states, it 
will be an easy matter to form one that will give Ohio 
a Constitution, worthy of her name, her people and 
her position as the acknowledged head of the North 
western States, for it is a fact, which we would impress 
upon our readers that every Reform recommended has 
been tried by other states, and found to be all its advo¬ 
cates promised it would be. With these reforms adopt¬ 
ed, our Constitution will no longer be a clog on tne pro¬ 
gress of the state, and her onward progress will be ac¬ 
celerated, and the child is already born, who will wit¬ 
ness its advance to the position of the first state of the 
American Union, as the L T nion itself will take rank as 
the first nation of the earth. 

Constitutional Reform. 

The Free Soil party of Summit county, in conven¬ 
tion assembled on the 9th instant, passed the following 
resolution : 

—That a convention be called, to frame a new Con¬ 
stitution,—demanding: 

1. The cheap, prompt, and certain administration of 
justice. 

2. The adequate educalion of all the youth in the 
State. 

3. The prohibition of State debts beyond an amount 
to be specified in the new Constitution, except in the 
case of actual invasion, or for the payment of existing 
debts. 

4. The prohibition of banking corporations except 
by a special consent of a majority of the people. 

5. The division of the State for representation in 
both branches of the Legislature into single districts, 
equal in number to the number of Senators and Rep¬ 
resentatives respectively, upon some fair and equitable 
plan to be fixed by the Constitution. 

6. The election of all State and county officers, by 
the people. 

The Human Heart. —The velvet moss will grow up¬ 
on the sterile rock—the misletoe flourish on the naked 
branches—the ivy cling to the mouldering ruin—the 
pine and cedar remain fresh and fadeless amid the mu¬ 
tations of the dying year—and, Heavens be praised! 
something beautiful to s~e, and grateful to the soul 
will, in the coldest and darkest hour of fate, still twine 
its tendrils around the crumbling altars and broken 
arches of the desolate temples of the human heart. 


From the St. Louis Reveille. 

THE PEOPLE. 

BY JOHN Y. BROWN. 

In Haslit’s “Characters of Shakspeare’s Plays,” this 
sentence occurs: “The cause of the people is indeed 
but ill-calculated as a subject for poetry.” To this , 
had we the power, we would reply in a voice to wake 
the dead. 

Child of the book and pen ! 

Come forth to human life, 

Come, mingle ye with free-born men, 

And join their noble strife. 

Thy closets’ gloom desert— 

Step out in open day— 

And wonder who content thou wert 
To dream thy life away! 

No “subject” for thy pen! 

Hark to the bold acclaim, 

That o’er the mount and through the glen, 

Bears liberty’s loved name! 

Hast ne’er the anthem heard 
Of Alleghania’s throng,— 

Whose ever growing line and word, 

Is each a deathless song? 

What epic more sublime 
Was e’er from genius won, 

Than swell in that heroic time— 

The days of Washington? 

Though ne’er embodied yet, 

By poet’s gen’rous art; 

’Twill live till earth’s last sun shall set, 

’Graved on the human heart. 

See old and cherished thoughts 
In Freedom’s light grow dim—• 

While cities proud and rural cots, 

Are vocal wjth her hymn. 

See labor’s head up-raised 
In native dignity; 

While crum’ling thrones to earth are razed 
By millions who are free! 

Behold the triumph hour 

Of long oppressed mankind— 

When bonds are rent with awful power 
By earth’s awakened mind. 

Behold enfranchised Gaul— 

+ Italia’s sunny plains— 

Wallachia’s hills, free people all— 

Hungaria’s riven chains! 

What deeds of Monarch crowned 
Who ruled a servile land, 

E’er “subjects” gave like those are found 
In Kossuth and his band? 

Where—where’s the man of thought, 

So reft of living fire, 

That in his soul, these things shall not 
Some noble pulse inspire? 

Dost say no spirit lives 

(Though dormant ’twere too long) 

That to each patriot minstrel gives 
A heaven inspired song? 

Wake, Haslit ! from thy sleep— 

The People’s glory see!— 

A chaunt divine o’er earth doth sweep— 

The hymn of liberty! 









230 


THE KEW CONSTITUTION. 


From the Boston Post 

England—Progress of Democracy ami 
Reform. 

The admirers of the British constitution insist upon 
it that the British Government, is bound together by its 
immense national debt ; and so wide spread has been 
this opinion that the early statesmen of this country, 
who would have moulded our own institutions into a 
similar system, were wont to proclaim that a national 
debt was a national blessing. On the other hand, sa¬ 
gacious political observers as stoutly contend that this 
British debt of about eight hundred millions of pounds, 
with the immense taxation that is necessary to support 
it and the financial system with which it is entwined, 
constitute a volcano that will yet heave this kingdom 
with the throes of revolution. One thing is certain : 
a political movement already commenced there reaches 
to the core of this system. We allude to the Finan¬ 
cial Reform movement, which has been surely gath¬ 
ering strength, and which threatens to come in up¬ 
on the oligarchy that rule Great Britain with an irre- 
sistbile power. It has to feed it the wanton extrava¬ 
gance of the national expenditure and the wretched 
misery of the masses of the nation. It is a great fact, 
that the progress of this wonderful people tends to 
make the few richer and the many more abject. The 
political storms, that now periodically hurl kings with 
so much ease from their thrones, will ere long wrench 
the power from the hierarchy of church and state that 
now so unscrupulously sponges the people. 

The chartists of England have for years contended 
for principles and measures as sound and expedient as 
man can ever contend for. No American, worthy of 
the name, can deny this. And occasionally advocates 
have appeared among them of such character and dis¬ 
cretion as to promote their cause ; but they have failed. 
Hitherto there has been no cordial union, no hearty 
cooperation between the middle classes, so called, and 
the productive classes, or working classes, which have 
constituted the great body of the chartists. So long as 
this continued the government felt safe. In the middle 
classes lies the strength of Great Britain, and so long as 
they could be kept jealous of chartism the oligarchy 
felt there was nothing to fear. This jealousy bids fair 
to be removed. The heavy drafts on the purses of the 
middle classes have been admirable stimulants to polit¬ 
ical inquiry, and men shrewd in business, when pushed 
to the wall, will be slow to comprehend how such a 
vast civil list, such immense sums spent to support a 
royal household, can be necessary to maintain the le¬ 
gitimate purposes of government. Besides, the great 
fact that the United States have dispensed with kings 
and lords, bishops and tithes, royal pensions and royal 
hounds so long, and have been blessed so abundantly 
with security and prosperity, is brought in to make a 
clincher to a sound argument. Undoubtedly the mid¬ 
dle classes have been and are caving in to the support 
of reform. 

The growth of their political ideas is seen in their 
recent movement in establishing the Financial Reform 
Association. This body has hitherto been employed 
mostly in circulating tracts. These tracts analysed 
with microscopic power the national expenditure, from 
the money spent on the queen’s person to that spent on 
the queen’s greyhounds. They propose clear, definite 
measures of reform. Such publications have not been 
without their effects. The evidences of this may not 
yet be manifested in Parliament, where, after recent 
long and able debates, only 84 out of 658 could be mus¬ 
tered to vote for reform measures. But it is seen in 
the growing enthusiasm of the people and the disposi¬ 
tion manifested by the middle classes and working 


classes to unite in political action. A district meeting 
of the members of the “Metropolitan and Financial 
Reform Association” was held (July 18) at Shoreditch. 
It was attended by immense numbers, enough to enti 
tie it to be called a monster meeting. It was notified 
to be held in a theatre, but so great was the crowd 
pressing for admittance, so great also was the enthusi¬ 
asm, that a simultaneous meeting was appointed to an¬ 
other place. Many of the persons on the platform 
where the speakers were, have M. P. appended to their 
names. 

Our concern, however, is not so much with the per¬ 
sons as with the political sentiment of this meeting.— 
It was sound to the core. It was good enough to be 
classed as American. The burden of the speakers was 
extension of suffrage, equality of representation, a re¬ 
duction of public expenditures. The speakers enun¬ 
ciated views which in this country are considered axi¬ 
oms. They expressed hopes which we would fain 
hope would be realised. They met the libel that in 
every age has been urged against progress by conserva¬ 
tism—that the people in desiring just laws were desir¬ 
ing anarchy—with confidence and ability. Thus the 
chairman, in his opening speech, repudiated, on the 
part of the association, any desire to break faith with 
the public creditor, as had calumniously been imputed 
to them. Their desire was not to destroy the just rights 
of any class, but to do equal justice to all. They de¬ 
sired to enforce the strictest possible economy in every 
department of the state, to obtain a more equal distri¬ 
bution of taxation, to see property bearing its just 
share of the burdens which it entailed, to prevent the 
sinews of war from being squandered in a time of 
peace, and to extend the suffrage so as to make the 
house of commons the fair exponent of the opinions of 
the whole country. Reasonable requests these, surely. 
And yet the whole pack of tory libellers will still echo 
and reecho the cry that men with such objects desire 
to upturn society. 

In the debate the example of the United States, of 
course, was not neglected. It is gratifying to Ameri¬ 
can pride that wherever people are about to reform old 
abuses the institutions of the new world are appealed 
to with confidence and entire triumph. Thus one of 
the speakers referred to the success of universal suf¬ 
frage in the United States, and contended that the peo¬ 
ple of Great Britain were as fitted to practise it as the 
people of America were. He contended 

“That the unenfranchised classes in this country, in 
their characters of fathers and citizens, were in the 
habit of discharging far more onerous and difficult du¬ 
ties than votiug for representatives, and that the man¬ 
ner in which those duties were discharged was one of 
the best proofs that they were not unfitted for political 
power. The man who guarded Coutts’s bank in the 
Strand without betraying it to the burglar might sure¬ 
ly be trusted to give his vote in Covent garden for the 
members for Westminster. (Cheers.) But the fact was 
that the ignorance of the people was a mere pretence. 
It was not because the legislature dreaded the igno¬ 
rance of the people that they withheld the franchise 
from them, but because they knew they were intelli¬ 
gent. (Cheers.) If they really deserved the name of 
the swinish multitude, and would allow themselves to 
be led by the nose like assess, he made bold to say they 
would not long be left without the franchise. (Hear, 
hear.) He felt convinced that there was no country 
in the world where the suffrage might be so safely 
extended as in this.” 

At this meeting Feargus O’Connor spoke. He is 
the great leader of the chartists. He announced his 
cordial support of the movement, recognizing it as a 
means to an end and not the end itself. After announc- 








THE NEW CONSTITUTION. 


‘251 


iiig that it was probably the last time that he should ap¬ 
pear upon a public platform, he said— 

“He had been a public agitator now for 27 years, and 
it was his joy and comfort in retiring into privacy that 
he had never made a speech which had not been for the 
benefit of the poor ; that he had never travelled a 
mile nor eaten a mite at their expense ; and that he 
had devoted his time, his means, his energies, and life¬ 
blood to their service until he had become prematurely 
old. He was grateful for the confidence, which the 
working classes had reposed in him, and was proud to 
think tiiathe left the stage with the character which 
he brought upon it.” (Cheers.) 

Such is the political tone of the Financial Reform 
Association. Its great object now is to concentrate 
public opinion—following the great anti-corn law 
league in its means. Now it has in parliament a tre¬ 
mendous opposition. What, asked a speaker, could 84 
members here do, against an opposition of 6 marquises, 
8 earls, 25 viscounts, 36 lords, 61 baronets, 12 honora- 
blos, 52 generals, admirals, colonels, captains and lieu¬ 
tenants—all the placemen, all the expectants and all 
the supporters of the church establishment ? There 
is hope that this association will be successful because 
the objects it aims to accomplish are moderate. The 
middle classes of England are no friends to universal 
suffrage. But they dislike the drain made upon their 
pockets to support the enormous expenditure of gov¬ 
ernment more than they dislike or fear universal suf¬ 
frage. Hence it is now announced that they are ready 
to go for an extension of the electoral lists from 1,100, 
000 to 4,000,000 ; for a more equal apportionment of 
members ; for the abolition of a property qualification; 
for the establishment of the ballot ; and for a limitation 
of the duration of parliament. These are important 
concessions. Hitherto the chartists have battled for 
them alone ; now they are to be joined by the middle 
classes, and ultimately a complete triumph may not 
unreasonably be counted on—peaceably if if is possi¬ 
ble, but forcibly if it be necessary. 

In the meantime it may be asked what do the great 
organs of the two great English parties say to the 
movement ? They hear the distant mutterings of the 
thunder, but have not yet fixed their conductors to 
carry off the explosion in safety. The tories, who are 
as a body like the Bourbons of France in never learn¬ 
ing any thing, are treating it with scorn and denuncia¬ 
tion ; the whigs, who have learned the policy of con¬ 
cession, with a tone approaching respect. It is just 
now difficult to get at the precise state of parties in 
England. An article of the French Constitution el has 
been extensively copied, but is pronounced unsatisfac¬ 
tory. The Times, the great indicator of public senti¬ 
ment, reviews it, but does not indorse it. It sees evi¬ 
dently that the new popular demand is gradually as¬ 
suming a definite and tangible shape. It does not deign 
to give it utterance. It regards the pear, perhaps, as 
not yet ripe. It only says in an article of July 20— 

“For our own part, we can only observe how much 
easier it is to relate the past than to predict the future. 
The anticipations before us, agreeable as we may think 
them, do not tempt us to prophecy in return. The 
government will some day sleep in the tomb of its fa¬ 
thers, but Heaven alone knows which of the many as¬ 
pirants now playing for power will reign in its stead. 
We only know the conditions of the successful candi¬ 
date. The premier of this empire is the virtual nomi¬ 
nee of the people as much as the president of the 
neighboring republic. Whoever he is he will be a pop¬ 
ular man, and will derive his strength not merely from 
a fortunate combination of parties, but from the tri¬ 
umph of public opinion.” 


From the Canada correspondent of the Ohio Statesman. 
CANADIAN ANNEXATION: 

Toronto, Canada West, August 1, 1849 

Col. Medary — My Dear Sir : I think you will rea¬ 
dily agree with me in the opinion, that the most despi¬ 
cable class of politicians in existence, are those who 
have assumed the appellation of the exclusive loyalty 
party. By the tenets of this party, none are loyal to 
their Queen, the constitution, and their country, but 
themselves; andit r so happens, that the friends of pro¬ 
gression are invariably dubbed by those exclusives, 
with the title of Radicals, Republicans, agrarians 
enemies of order and good government, destroyers of 
vested rights, and with a thousand oilier epithets of a 
like import. Now, we have in Canada, a party of this 
kind, who pride themselves in being called conserva¬ 
tives, and to redeem the promise in my last, I shall give 
your readers a brief history of their doings, in this part 
of her Majesty’s dominions. 

From what has already appeared, in No 1, and 2 of 
my series, you will be able clearly to understand that 
the liberal party in Canada had every possible kind of 
difficulties thrown in their way, by which they could 
effect any substantial improvement in the legislation of 
their country. Their champions were driven from the 
polls, by armed bludgeon men ; their ablest speakers 
and defenders of their rights in the legislative halls 
were expelled from the sittings and disfranchised ;some 
of their earliest leaders, were imprisoned and expatria¬ 
ted for having honestly exposed the peculations and 
villany of the power that be ; and the freedom of the 
press was violated, the type, press, furniture &c., sunk 
in the lake, and the printing offices Utterly demollished 
by the pelting of stones and other missiles ; and religi¬ 
ous freedom was also destroyed by building up a state 
paid priesthood. This exclusive loyalty party held all 
the offices of the province, between the years 1796, 
and 1841 ; they endeavored by their acts of legislation 
to declare every subject an alien, who was not born in 
Britishdominons ; they fought hard against the aboli¬ 
tion of the laws of primogeniture, and entail, and they 
employed all the artifice in their power to build up a 
colonial aiistocracy possessing, exclusive privileges. 
All offices of considerable emolument were possessed 
by the most aristocratic families, and hence the celebra¬ 
ted Family compact party obtained its rise and progress, 
which held the purse strings of the country, and squan¬ 
dered the public domain for their own agrandisement 
for nearly fifty years Upwards of twelve millions of 
acres of superior quality of land were divided in 
blocks among favorites, or sold, and the proceeds em¬ 
ployed in enriching the officials and their relatives. 
An enormous public debt was contracted, and the 
money was so lavishly and improvidentlyexpended, that 
a comparative trifling annual revenue, is derived in the 
aggragate from public improvements. 

Jn this condition, the late Lord Durham found Cana¬ 
da West in 1839, and that masterly statesman, after 
carefully examining the past political history of the col¬ 
onies,published a report embracing all the tangible facts 
that could be collected, containing 1200 octavo pages, 
and which was printed and circulated in Great Britain 
by an order of the House of Commons. Lord Dur¬ 
ham most emphatically condemned the anti-British 
conduct of the Canadian Tories or Exclusives, and 
clearly justified the liberal party in resorting to the 
force of arms in 1837. Being an ambitious and exces¬ 
sively proud man, he took umbrage at the conduct of 
some of his political friends in England in relation to 
Canadian affairs, and unceremoniously resigned his 
post. 

Hissuccessor, Lord Sydenham, followed out the same 
line of policy, but unscrupulously employed unconsti- 







252 


THE NEW CONSTITUTION. 


tutional means to gain his points. He however suc¬ 
ceeded in effecting a union of the provinces, and he ob¬ 
tained the return to parliament of a majority, who were 
favorable to the introduction of local self-government 
in the Colonies. The exclusive loyalty party opposed 
his administration, but they were in such a contempti¬ 
ble minority, that their efforts to impede the progress 
of legislation proved powerless. Under hisadministra- 
tion a loan of six millions of dollars was effected for the 
construction of a Ship Canal on the St. Lawrence, and 
although his government existed only for a brief period, 
the productive and commercial interests of the colony 
became soundly established, and the confidence of nine- 
tenths of the population became strong in favor of the 
new order of things.—Lord Sydenham’s successor be¬ 
ing a statesman of some notoriety, saw clearly that the 
people of Canada were prepared and determined to have 
self government and accordingly he wiselv practiced 
the policy of his predecessor. The liberal party,under Sir 
Charles Bajot’s Administration,formed a strong govern¬ 
ment, and out of the 84 members, the cabinet could at all 
times rely upon the support of 66, which left a paltry 
knot of torries with Sir Allen McNab and the Hon. 
George Moffat of Montreal as their leaders. Many ex¬ 
cellent measures were enacted, and in fact one impor¬ 
tant law after another, were placed upon the statute 
books in such quick succession,that the people became 
surfeited with the effects produced, by the stimulating 
influence of local self-government, and as might have 
been expected, a reaction took place —The successor of 
Sir Charles had earned much celebrity in Great Britain 
in successfully governing a penal colony, andlikeBond 
Hand, soon found a pretext for quarrelling with his 
Cabinet. Without meeting Parliament, Sir Charles 
Metcalf, the new Governor, dissolved the House, and 
after delaying the longest period that was admissable 
by the Imperial Act of Union, a new election was had, 
and by employing the unconstitutional means that were 
resorted to in 1836, a majority of willing, unprincipled 
tools, were returned to the Legislature, who adopted a 
middle or conciliatory policy, by which they retained 
their office, until the issue of the general election, 
which placed the present Canadian liberal cabinet in 
power. The present Cabinet commands an overwhelm¬ 
ing majority in the Legislature, and possess the confi¬ 
dence of three-fifths of the Colonists, and also that of 
the Home Government, and unlike all the other pro¬ 
ceeding Parliaments of Canada, no interference or Gov¬ 
ernment bribery whatever were employed at the Hus¬ 
tings. The exsiting Legislature is the production of 
the spontaneous will of the voters of the Colonys, as 
expressed at the polls during the election of 1848, under 
the Administration of Lord Elgin. 

The present head of the Canadian government, is a 
descendant of the far-famed Sir Robert Bruce, of Scot¬ 
tish notoriety, and being a British statesman, of the 
very highest order, and a son-in-law of the late Lord 
Durham, he could not be cajoled into the unconstitu¬ 
tional and unstatesman-like policy of his immediate 
predecessor. He sustained his tory cabinet, until the 
voice of the country clearly declared a want of confi¬ 
dence in them, and their measures; then he called to 
his counsel those in whom the liberal party in both di¬ 
visions of the country have long recognized as their 
political leaders. One of the acts of the cabinet now 
in power, during the last sitting of Parliament, was to 
introduce a measure for the indemnification of those 
eastern Canadians who suffered during the struggle of 
1837 and 1838, for their just and inalienable rights. 
The indemnity Bill that was introduced by the lib¬ 
eral party, was almost a true copy of the measure that 
was concocted and submitted to the people for consideration 
by the tory administration that preceded them. When 
the liberal party were in power in 1842, a grant of 


$176,000 was passed to indemnify those whose prop¬ 
el ty were destroyed, and who were robbed by the to- 
ries in Western Canada during the reign cf martial 
law, or rather during the period when freedom of 
thought, action, and the press were suspended, in order 
to satisfy the caprice of the enemies of good govern¬ 
ment. The liberal party of French origin willingly 
consented that this large sum should be taken from the 
consolidated revenue of the colony, upon the condi¬ 
tion that at an early day, or as soon as the finances 
would admit of it, a similar measure be enacted for 
Eastern Canada. The tories in 1846 made use of all 
the artifice in their power to bring over the Eastern Ca¬ 
nadian liberal population, who, be it remembered, em¬ 
brace two-fifths of the entire population of the prov¬ 
ince, and who have most consistently and patriotically 
stood true to their political faith ever since the subject 
of constitutional reform was broached in that division 
of British America. A commission by the cabinet, 
representing the exclusive loyal party, was appointed 
in each of the several counties, where the fruits of the 
disaffection showed itself, whose duties were to inquire 
into the nature of the losses that parties sustained by 
the aggressive acts of the British and provincial sold¬ 
iery during the years 1837-38. This commission, after 
carefully examining and deliberating upon each case, 
reported an actual loss of property, from the above 
cause, equal to one million one hundred and some odd 
thousand dollars. To swerve the members for Canada 
East, from their old and well defined policy of hatred 
to toryism, and to secure their votes and support in sus¬ 
taining that weak and almost tottering administration, 
the tories introduced a measure into Parliament recom¬ 
mending an immediate appropriation of four hundred 
thousand dollars, as part payment of the. amount due, ac¬ 
cording to the showing o f a commission of their own ap¬ 
pointment, to the rebellious Lower Canadians, for property 
burnt and destroyed by British troops and militia du¬ 
ring the suppression of the rebellion. So confident were 
the tories that the French Canadians would allow them¬ 
selves to be put in market and sold like so many bul¬ 
locks, that, without the consent of Parliament, Pap- 
ineau, the leader of the French party was pardoned, 
brought back to the country from France where he 
had been many years an exile, and was paid the large 
sum of sixteen thousand dollars, as a means of buying 
his support and influence, which it was supposed he 
held supreme, over his countrymen. His brothers, and 
other relatives were appointed to high and very lucra¬ 
tive offices, and within a few months, he obtained a 
seat in Parliament. Other twenty-four thousand dollars 
were employed in a similar way, in the hope of buying 
up other influential parties who had been loosers by the 
Canad an outbreak, and this $40,000, be it recollected, 
was given without the consent of Parliament, as the 
first installment of the large sum which would follow, as 
reported by the tory commissioners. 

The Lower Canadian Liberals I feel proud of inform¬ 
ing you, stood true to their former integrity, and al¬ 
though offices of $4,000 and $5,000 each per annum 
were offered their leaders, they preferred to bide their 
time until they could take office and serve their coun¬ 
try with honor to themselves, and the parties they rep¬ 
resented. I rom what has been stated you will doubt¬ 
less observe that the Bill passed last Spring into a law, 
making a grant of $360,000 to those, of the Lower Ca¬ 
nadians whose houses, barns, fences, horses, cattle, 
sheep, hogs, graineries and cellars were destroyed, sto¬ 
len and ransacked, was conceived and brought into 
Parliament for the like purpose, by a tory administra¬ 
tion; with the important difference, however, that the 
Bill wich is now law is so sufficiently guarded in all its 
clauses, that those who were attainted of treason, or 
who had confessed their participation in the rebellion, 




THE NEW CONSTITUTION. 


253 


or who had been sent to the Island of Bermuda, or oth¬ 
er penal Colonies, should not receive a portion of the 
appropriation. The grant was very properly made to 
indemnify innocent persons who had had their houses 
and other property destroyed, during, the reign of ter¬ 
ror, under the memorable Military Administration of 
Sir John Colborne, now Lord Seaton. 

This was a measure which cost whole weeks of hard 
and most difficult legislation, and after it passed its third 
reading by both Branches of the Legislature, Lord El¬ 
gin, with other measures, gave to it his consent. He 
might have reserved the Bill for the consent or rejec¬ 
tion of the Home Government, but as it was a matter 
that purely concerned thecolonistshevery wisely chose 
to give it his cordial support. The burning of the Par¬ 
liament buildingsand publiciibrary and records,amount¬ 
ing to the value of $600,000, you of course are aware 
occurred immediately after the Governor General gave 
his consent to the Indemnity Bill, and without any 
show of reason, they pretend to justify the act upon the 
ground that the Governor General should have respect¬ 
ed the petitions that were sent to him praying that he 
would withhold his consent to that obnoxious measure. 

The British parliament and government, most credi¬ 
tably sustain the governor in his straight foward and 
liberal policy; and four fifths of the people of Canada, 
would not fail in supporting him and the advisers by 
whom he is surrounded, on the great question at issue 
by the tories, if they were called upon for the purpose 
to record their votes at the polls. 

The great convention of Canadian conservatives, or 
anti-liberals, that was held at the city of Kingston du¬ 
ring last week, so far as the development of a liberal 
policy is concerned, gives no room wffiatever to hope 
or fear much from that quarter. They would destroy 
the noble and high minded Lord Elgin, if they had the 
power to do it ; but as for extending the franchise, se¬ 
curing the freedom of election by introducing vote by 
ballot ; making the house of Lords elective ; reducing the 
civil list thus securing the independence of parlia¬ 
ment ; making the judges elective by the people ; or in 
fact any otherwise wffiolesome or liberal measures, they 
neither ask nor desire to have such reforms effected. 
They are anti-liberal, towards their fellow men, in their 
policy and bearing they are anti-democratic, and they 
despise the powder; of the people as honestly expressed at 
the Hustings. In conclusion allow me to inform you 
and your numerous readers, that this is the great an¬ 
nexation party, of which so much has been said of 
late. 

When you hear from me again, I shall furnish your 
readers with a short chapter, on the political character 
of the existing Canadian administration, and their sup¬ 
porters in and out of Parliament. 

A BRITISH CANADIAN. 


Hr The terrible suffering to which some of the cities 
in Italy have been subjected by the bombardment of the 
brutal Austrians, instead of reducing the spirit of the 
people, has often brought out some of the noblest in¬ 
stances of heroic self-devotion and personal sacrifice. 
Venice, wffiich still holds out, has just given an instance 
of the kind. A citizen of Venice, the Deputy Trevos, 
who had previously given a million, has offered the re¬ 
mainder of his whole fortune, $5,000,000, for the ser¬ 
vice of his country. The Austrians, by their barbarity 
in Italy and Hungary, their battering down of towns, 
burning of villages, hanging of men and flogging of 
women! may endeavor to crush the liberties of a peo¬ 
ple, but they create by their atrocities a spirit of hatred 
against their oppressors that will one day visit them 
terribly with its vengeance. 


Written for the “New Constitution.” 

THE VETO POWER. 

Col. Medary: —I have read the strictures of some 
of the newspapers of the State against the veto power, 
but beyond the assertion that it is monarchial, I have 
not seen an argument against, that is not founded in 
fallacy. For one I am in favor of that power being 
vested in the President, and in favor of it being given 
to the Governor. 

The veto power was originally given to the people 
of Rome to protect them from their lordly masters, 
the nobility, in whom was vested the law making pow¬ 
er. In these days, the people—and by that term I 
mean the men of toil, the masses,—were not allowed 
I to pollute the halls sacred to legislation, with their ple¬ 
beian ’presence, but they had the right of stationing 
one of their chosen men at the door, to whom all laws 
when passed was submitted, and if he found that it 
[ infringed on the liberties of the people, or was not for 
the benefit of the masses, who framed the bulwark of 
Rome’s power, he uttered the wordueio—I forbid, and 
the measure was not a law. The veto thus had its 
origin in an anxiety to protect the people from the fruits 
of hasty or ill-digested or ill-advised legislation, and for 
the same purpose was adopted in the Constitution of 
the United States, and like, as was the case in olden 
time in Rome, it has had the desired effect. 

The President of the United States, and the Gover¬ 
nor of Ohio, are each the representatives, not of a coun¬ 
ty or of a district, but of the people of the whole 
Union, or of the whole State. The Senators and the 
Representatives of the United States and of this State, 
each represent a locality, which extends not beyond 
their own election district. True it is, that the theory 
is different, but the practice which now-a-days fre 
quently differs from the theory, is as I say. 

How often have you, Mr. Editor, known members 
of our own legislature, voting on important questions, 
against the settled convictions of their own mind, and 
excuse themselves for so doing on the ground that they 
voted not their own, but the will of their constituents, 
because they deemed the measure for their interest?— 
I have known many cases of this kind, and the term 
Representative aids them in their excuse, for they are 
sent to the Capital to represent the will of those who 
elected them. 

The Governor is elected, not to favor a certain lo¬ 
cality—not to represent a single county of the State, 
but to represent the whole—the seventy-one represen¬ 
tative and the thirty-five other senatorial districts, 
equally with the senatorial and representative district 
in which he lives. Owing his election to a majority of 
the whole people, he is responsible to the whole, and 
hence in approving or vetoing bills, he acts for the good 
of the State. 

Had the Constitution conferred upon Gov. Vance the 
veto power, does any one suppose that he would have 
approved the bills appropriating many millions for 
works of internal improvement enacted into laws du¬ 
ring his term, and which have since failed not 
only to pay the interest, but have failed to yield suf¬ 
ficient revenue to keep up repairs? The veto of these 
bills would have made our State debt but little over 
one half of its present amount, and hence the taxes on 
the people levied to pay the interest, would have been 
but about one half as large as it now is. Probably not 
one dozen members who voted for these works, believed 
all of them needed, or that they would be productive, 
yet each having a favorite work, went for thf others to 
secure votes for his own, and by this system of “log¬ 
rolling,” as it is called, thousands and millions (I mean 
what I say) have been added to the debt of the State. 
The Executive veto would have cured this evil. 










254 


THE NEW CONSTITUTION 


It is within the recollection of many of your readers, 
younger in years than I am, that at the time President 
Jackson vetoed the bill making an appropriation by 
Congress for the Maysville road, that similar bills were 
lying upon the tables of members of Congress, with a 
fair prospect of each passing, amounting to a sum 
which would have addedjwenty or thirty millions to the 
debt of the nation, and other projects would have fol¬ 
lowed until the government was bankrupted. The 
Maysville road bill was passed as a feeler. The amount 
appropriated was not large, and the road was much 
needed, and the cunning ones who got up and suppor¬ 
ted the project of it being built by government, well 
knew that it would be the entering wedge which wmuld 
open wide the door of the Treasury to all sorts of pil¬ 
lage. In the veto message of Gen. Jackson, returning 
this bill with the reasons which, in his opinion, forbid 
its becoming a law, the old veteran discussed with sig¬ 
nal ability the powers of the General Government to 
make local improvements within the States, and so plain 
and convincing was his arguments, and so dangerous 
did the people deem the carrying out of the system, 
that it was at once abandoned, and no statesman of the 
present day dare advocate a splendid system of internal 
improvements by the General Government within the 
limits of the State. This veto saved the Treasury from 
bankruptcy—the country from a vast national debt 
such as now crushes England, and makes one tenth of 
her population paupers, supported by the taxes of the 
remainder. 

Gen. Washington exercised the veto power on many 
occasions, and in doing so he had the advice and co-op¬ 
eration of Mr. Jefferson, then a member of his cabinet. 
Mr. Madison, Mr. Monroe, Gen. Jackson, Mr. Tyler 
and Mr. Polk, each exercised the veto power, and in 
nearly every instance was it sustained by the people. 
It has never been exercised except to arrest useless ex¬ 
penditures of the public money orto preserve the Con¬ 
stitution from daring infraction. 

In our Legislature a mere majority can enact a law, 
and though oppressive on the people, it must be sub¬ 
mitted to. In Congress a mere majority can pass a law 
and it is then sent to the President, who is, as I said 
before, the representative of the whole people, and 
if he approve he will sign it. If he deems it oppressive 
or unjust, or if it is unconstitution he returns it to the 
House in which it originated with his objectionsjin wri¬ 
ting, which are entered upon the journal. A vote is 
then taken on the passage of the bill notwithstanding 
the objections of the President, and if two thirds are in 
favor of its passage, it becomes a law, notwithstanding 
the veto of the Executive. So would 1 have it in Ohio, 
for experience hath shown the modified veto, as fen- 
grafted in our National Constitution, like the veto when 
first established to guard the masses in Rome from the 
tyranny of the Roman Senate, is a Republican measure 
and has saved our country from numerous evils. * 

On the Invasion of the Roman Republic. 

Is there no pulse left in that withered heart 

To speak the earthquake throb that once was 
there— 

The throb that shook the world ? Still can ye bear 
The Roman name, nor die ? Camilus’ part 
Can ye not act it o’er your cindered homes. 

Reddened, if need be, with your brothel’s blood ? 
The past, with all its laurel-laden flood, 

Pours on the turbid Tiber by the tombs 
Whose dust gives you the only life ye have. 

Up to the strife ! Rome once bred men ; and why 
Give not tomb, temple trophy to the sky, 

And, dying, make your Rome a Roman grave ? 

False France and leaden Austria cannot give 
A death not dearer than in chains to live. 


Fearing to do that which is Right. 

The fear of doing right is as great a crime as the 
absence of fear to do wrong. They who opposr a new 
constitution, are guilty of this crime, for while by their 
silence they acknowledge the want of sound argument 
to sustain their position, they are so hide-bound by 
custom, that they fear to do that which they thus ac¬ 
knowledge to be just and proper. Like the urchins, in 
passing a graveyard after nightfall, they seeghostsand 
goblins innumerable, in that which older and bolder 
minds see naught but trees, shrubs, or cattle peaceably 
feeding. 

Before the present constitution was half as old as now, 
many of its framers saw its defects, and one of them, 
Gov. Worthington, to whom, more than any other man 
was Ohio indebted for its constitution, earnestly recom¬ 
mended that a new one should be substituted for the 
present constitution, which even then, was found un¬ 
suited to the wants of a state with a population of less 
than half a million of souls. Now, when the state 
is the second in the Union, in population, wealth and 
resources—when her population swells to over two 
million of souls, the imperfections of the instrument 
are still more glaring, yet a remodeling of the consti¬ 
tution is still opposed, because’, forsooth, the opponents 
of the change fear that some scheme is at the bottom 
of the movement—some cat at the bottom of the meal 
tub—some ghost in the graveyard, which though they 
cannot describe, or even see it, yet they are sure it is 
there, because men opposed to them in religion or pol¬ 
itics are in favor of the measure. Such men would al* 
most deprive themselves of a seat in heaven, through 
fear of being entrapped. 

The new constitution will be made for all men of all 
parties, and however much we may differ in political 
sentiment, yet no constitution can be made for the in¬ 
terest of the great mass of one party, without inuring 
to the equal good of all others. Like the dews of Hea¬ 
ven, its blessings are for all alike—for the just and the 
unjust. If the expenses of government are curtailed, 
the whig and the democrat—the freesoiler and the man 
of no politics, each will secure the benefit. If the pub¬ 
lic officers are elected by the people, all men, enjoying 
the elective franchise will have the right of selecting 
and voting for those they deem best qualified to fill the 
station. If the laws are made piain and simple in their 
provisions, so as to be understood by all, they will not 
benefit one portion of the community more than the 
rest; and if, as we hope will be the case, the new con¬ 
stitution will prohibit any legislature from increasing 
the State debt, without a vote of the people being first 
had to sanction it, certainly this law will not benefit 
any one party more than another, for in collecting 
taxes, the law makes no distinction between men follow¬ 
ing the same occupation on account of their political 
. principles, and hence all will enjoy the same privilege 
of exemption from increased taxation without the con¬ 
sent of those who have to foot the bill, being first had 
and obtained. 

They who fear some unknown evil so much that 
they dare not do right, have not reflected on these 
things. 








THE NEW CONSTITUTION. 


255 


From the Toledo Daily Republican. 
Constitutional Reform in Ohio—This Repre¬ 
sentative District. 

The coming October Election is, in our judgment, 
the most important one ever before held in this State. 
The people of Ohio, will, at that time, be called upon 
to discharge a duty, which has never before devolved 
upon them, at any previous election, since the organi¬ 
zation of the State Government. That duty is the most 
high and sacred that can devolve on Freemen. It is— 
to decide, whether or not, they will call a convention to 
change or modify their present Constitution. Are we not 
then, in this view alone, justified in saying that the ap¬ 
proaching State Election is the most important ever be¬ 
fore held in the state ? 

The fair fields of Italy—of heroic Hungary—of 
wretched Ireland and of betrayed France are now, or 
%vithin a period of less than twelve months, have been 
crimsoned with the blood of the martyrs of Liberty.— 
The laborers of these countries, plundered of their 
earnings through the false system of government, im¬ 
posed upon them by their Hereditary Masters, have 
sought relief and exemption from their Tyranny—all 
other modes of redress having failed by waging open 
war against their Tyrants. 

In all governments where Property, instead of the 
People, is the basis of Representation, Revolution is 
the common, perhaps the only mode by which they can 
vindicate their claims to Equality, and establish Justice 
in the relations of government, with the governed.— 
Where property is the ruling power in the state, the 
will of the people is wholly set at defiance, and a war— 
perpetual and unceasing—is kept up on their sov¬ 
ereignty. The most effectual—the only effectual— 
means for perpetuating the rule of Irresponsible Power 
is, by concentrating wealth in a few hands and by im¬ 
poverishing the laborers to the utmost limits of endur¬ 
ance. Unequal taxation, Monopolies, Slavery and oth¬ 
er contrivances, are the machinery by which the labor¬ 
ing classes are impoverished, kept in ignorance and ren¬ 
dered powerless in the government. In Europe there 
is no mode of correcting abuses in their government, 
no mode of relieving the laboring class from the pov¬ 
erty and wretchedness, which almost universally pre¬ 
vails among them, but by violence and revolution.— 
Hence all reform movements, where iabor is seeking 
emancipation from the tyranny of capital, or what is 
the same thing, where Democracy is struggling tq sup¬ 
plant Despotism, the contest is, and must ever be 
bloody, until the Equal Rights of man, the world over, 
are firmly established. 

The same contest is going on in this country as in 
others, between Privilege and Equality. The Aristoc¬ 
racy of Wealth, here as elsewhere, are preying upon 
the rights of the laboring classes, seeking and obtaining 
privileges, exemption and immunities for capital at 
the expense of labor. It is idle, nay it is worse, it is 
attempting a gross deception to say that, our American 
aristocracy is less cunning, less mercenary or less am¬ 
bitious , than the aristocracy of other countries. They 
are not. Wherever civilization has made its foot-prints 
the contest between the Democratic and Aristocratic 
elements of society is going on. It is a hand to hand 
fight, the world over. This contest even in Ohio is an 
active and earnest one, and in South Carolina, the aris¬ 
tocracy of that state are more powerful, than the nobil¬ 
ity in England. 

One of the surest safeguards to the Public Liberty,— 
is in a frequent recurrence to the original principles of 
government. We can do this without bloodshed, with¬ 
out violence, and without excitement. 

Wealth in this State is in combination against Labor. 
It has sought and obtained extraordinary power, im¬ 


munities and exemptions. Under the operation of un¬ 
equal and unjust laws, which it has procured to be 
passed for its benefit, property, and the political power 
which follows in its wake is passing, with fearful rapidity 
from the hands of the many, who are rightful posses¬ 
sors, to the possession of the few, who live in idleness. 
If the causes, now in operation, continue to act with 
the same force for the next ten or twelve years, that 
they have for the last few years, the property and po¬ 
litical power of our great state will pass into the hands 
of a few hundred monopolists. Such a career for the 
Midland Republic, can only be arrested by the interpo¬ 
sition of the Legislative authority. This interposition 
can only be secured by a union of all the truly Demo¬ 
cratic elements in the state. No power short of this 
will be found strong enough to shield the people from 
the dangerous and corrupting influence of monopoly 
legislation. 

A mere verdict of a popular majority in October, 
against the errors of past Legislation, however decis¬ 
ive that majority may be, will not do much good. The 
evils which afflicts the body politic are so deep seated, 
that such a remedy will not reach them. Besides it is 
claimed by the whig party that the Legislature, the 
sovereign power—is inadequate to the work of reform 
—that it does not possess the power even to modify the 
revenue laws —not even in cases of the most flagerant 
inequality and injustice. This doctrine is too odious 
to be dangerous, were it not that it has the sanction 
and support of a powerful party, hitherto dominant in 
the state. 

When we saw on the eve of the adjournment of the 
last Ohio Legislature, the humiliating spectacle of a 
drilled party majority voting in solid column against 
any revision of our revenue laws, unless the permis¬ 
sion and assent of the Banking interest, to be effected 
by such modification, should first be obtained, we de¬ 
nounced that action, as the boldest assault ever yet 
made on the Representative principle. That action in¬ 
dicated the power of corporate influence over the legis¬ 
lation of the State to be complete, and unlimited, and 
removed from our minds the last lingering doubt of the 
necessity of Constitutional Reform. 

The first and most vital principle of a Republican 
Government have heen assailed, and a Convention in 
Ohio has become necessary—absolutely necessary —to 
reaffirm and vindicate those principles. Thegreatwork 
of the Constitutional Convention is now clearly poin¬ 
ted out—it is, to throw more guards around the repre¬ 
sentative principle—to improve and perfect that prin¬ 
ciple- This can only bedone bylimitingand lessening 
the power of legislators, and increasing that of the peo¬ 
ple. 

The October election is the commencement of the 
work of Constitutional Reform in Ohio. What part 
will the people of this representative district take in 
the great struggle? This question has got to be met, 
and to be met now. The election is now at hand.— 
The responsibility is upon us; we cannot avoid it if we 
would. Do not the “signs of the times” clearly indi¬ 
cate that the time has come for a union of all the truly 
democratic'elements in opposition to the party of priv¬ 
ilege? Will not the cause of good government and 
sound Republicanism suffer without a union is effected? 

That such a union is destined, at no distant day, to 
be effected, not only in this representative district, but 
in this State and nation, we entertain no doubt. We 
have strong hopes that the democracy of Lucas, by 
their action in their county convention on the 15th, 
will honor themselves by taking the lead in this move¬ 
ment. The time could not be more favorable for such 
action. ****** 

As early as March last, in commenting upon the 






25 G 


THE NEW CONSTITUTION. 


bright prospects that were opened to the popular party 
in Ohio, we said: 

'‘It is idle, it seems to us, to suppose that this work 
of reconstructing our State government, will be left to 
the custody of any party—save that great party of the 
people, who will unite, to fight for Equality against 
Privilege. The free and unfettered sentiment of the 
Northwest is already giving itself form and shape. It 
was a fortunate thing for the cause of freedom that 
parties were so completely disorganized at the last Pres¬ 
idential election. This event opens the way for the 
organization of a party of the people, a true democra¬ 
tic party, on a more enduring basis and under better 
auspices than could otherwise have been. The basis of 
the union will he Equality of Rights , for all. Such a 
party, armed with these sentiments and speaking in 
the name and in behalf of the laboring masses, who will 
compose the great body of its voters, will crush slave¬ 
ry and every form of irresponsible power, that now 
with unbridled tyranny, rules over and impoverishes 
the laboring classes.” 

Have not subsequent events indicated the truth of 
these remarks? 

From the Auglaize Republican. 

Election of Judges by the PeQple. 

Every man not declared non compos mentus, is sup¬ 
posed to be capable of governing his household and pe¬ 
cuniary affairs—if he does it not wisely, it is himself 
who suffers the consequences. At any rate, he being 
the party directly interested, it is reasonable to suppose 
that his ability will be the test of his transactions. A 
democratic government is founded upon this principle 
of man’s capacity for self-government. If, then, 
man’s capacity is sufficient to govern his household 
and pecuniary affairs, the people, a body of men, are 
capable of their own government in a joint capacity, 
and that government is better administered (when 
practicable) directly than indirectly. A representa¬ 
tive system to enact laws is necessary, because it 
would be wholly impracticable for the body of the 
people to meet for that purpose; but the law being 
created, it is necessary that there should be officers 
elected to administer it, and here it is just as easy for 
the people to elect, in proper person, as for their rep¬ 
resentatives, and it is better in this: 1. That in cast¬ 
ing his vote, every man can have his choice. Even 
though he may instruct his representative, and the rep¬ 
resentative vote according to instructions, something 
may occur in the time which must elapse between 
giving his instructions and the period of election to 
change his opinion of the man whose election he at 
first desired, and thereby defraud him of his choice.— 

2. That the legislature is seldom governed by the voice 
of the representative from the interested district, and 
when this is not the case the people have to submit to 
the decree of uninterested persons. 3. Because direct 
voting is the only true means of learning the will of 
the people. 

It is a democratic principle that a majority of those 
interested shall govern. Now how frequently is a 
Judge elected by the legislature to preside upon the 
bench, who, if his election depended upon the will of 
the voters in his district, would find»himself in a mi¬ 
nority —elected to stay at home? 

We have frequently heard the assertion that Judges 
are more wisely provided by the legislature than they 
would be by the people in a directly elective capacity. 
Let us see: the legislature is composed of members 
elected by the people; the people were capable of ma¬ 
king a judicious choice in their election, and they of 
wisely selecting Judges, while the people are not prop¬ 
erly capacitated for the selection of their own Judges! 
Such logic is not good; for if the people are capable of 


selecting good legislators, and they of a wise selection 
of Judges, we see no earthly reason why those most 
directly interested are not fully as capable of electing 
their Judges as those who aie elected, by themselves, to 
represent them in the law-making body. 

The election of Judges by the people in their respec¬ 
tive judicial districts is one of the reforms in our State 
government demanded by the laws of justice aud the 
spirit of the age. 


What the People Want. 

1. A just and equitable system of taxation on the 
property of individuals and corporations. 

2. Homestead Exemption. 

3. Some limitation to a grasping and all-absorbing 
Land Monopoly. 

4. The free grant of the Public Lands belonging to 
the State, in limited quantities, to actual settlers. 

5. A Ten Hour law. 

6. The prohibition of the use of our jails and the 
aid of our State officers to the pursuers of those esca¬ 
ping from the house of bondage. 

7. A new State Constitution which shall provide 
for, 

1. The election of all State officers by the direct 
vote of the people. 

2. Biennial sessions of our State Legislature. 

3. The prohibition of State Debts beyond a certain 
specified amount, without the direct vote of the peo¬ 
ple. 

4. The prohibition of banking and all other corpo¬ 
rations with special privileges, without the like consent 
of the people. 

5. The division of the State into single districts for 
the election of members of the Legislature. 

6. A reform in our judi-ial system 

7. The thorough,.and near as may be, equal educa¬ 
tion of all the youth of the State. 

The above are measures which have been laid in va¬ 
rious modes before the people of Ohio. Scarcely is a 
voice heard to whisper an objection. But a low mur¬ 
mur is heard from some party demagogues:—"Don’t 
agitate these subjects now, there is too much political 
excitememt to give them a cool and candid considera¬ 
tion.” 

The very men who talk thus are laboring with all 
their might to get up a mere party excitement about 
questions just as important to the interest and welfare of 
the people, as “Who killed Cock Robin?” They would 
throw the whole State into a ferment and agitation 
about the movements of some half dozen politicians at 
Columbus, and thus divert the attention of the people 
from the great reform measures before" them. 

This is the game to be played off from this time till 
after our State election, and let the reader mark it and 
see if any exertion of industry or skill will be wanting 
to make it successful.— Toledo Rep. 


O’Back No’s of this paper can be furnished , to all 
persons subscribing soon for ‘The New Constitution.” 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

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O’Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 












THE NEW CONSTITUTION. 


“power is always stealing from the many to the few.” 

Vol. I. Columbus, Ohio, Saturday, August 25, 1849. No. 17- 


Postage. —The postage on this work is the same as 
on a newspaper. 

To the Friends of the New Constitution. 

Since tiie breaking out of the cholera in the state, 
there has been an almost total cessation of private and 
public business—at least this is true in regard to much 
©f the state. From this cause we have made no effort 
since that period commenced, to extend the circulation 
of the “New Constitution.” But now the epidemic is 
passing away—business is reviving—and the time fast 
approaching when the freemen of Ohio are to decide 
the question of calling a Convention to form a new 
Constitution—is it not time for the friends of the mea¬ 
sure to be a little more active? We have taken much 
pains to collect a volume of facts that we hope may be 
useful at present and hereafter, and as we have a good 
many of the back numbers on hand, we would take it 
as a special favor if a few more subscribers were for¬ 
warded us. How many will exert Aiemselves a little in 

the cause? __ 

# Education. 

We had intended to accompany the article from the 
Dem. Review on the education of the masses with 
some remarks of our own, but time forbids -it in this 
number. We hope to refer to the subject again. 

Representation in England. 

The Hon. Joseph Hume, in lately presenting to the 
House of Commons a motion to amend the representa¬ 
tion of England, &c., gave the following interesting 
statistics: 

The population of England, W ales and Scotland is, 
in round numbers, 20,000,000. The number of repre¬ 
sentatives is 553, or one for every 35,166 persons.— 
The real property of Great Britain assessed to the poor 
is, in round numbers, £71,500,000, which will give 
one member for every £129,294. Taking population 
as the bdsis, the distribution will be as follows: 

Population. 

England, 16,500,000 will have 455 members. ' 

Scotland, 2,700,000 “ 76 

Wales, 1,000,000 “ 22 “ 

Total at present, 553 

Taking property as the basis, the distribution will be 
as under: 

England, 

Scotland, 

Wales, 

Total, 

The same result appear if the counties are taken in¬ 
stead of the kingdom. 


Homestead Exemption. 

The following is the “Homestead Exemption Bill,” 
which was lately enacted by the Legislature of Maine, 
and is now the law of the state: 

Sec. 1. The real estate of any citizen residing within 
this State, and any interest he may have therein, or 
the dwelling house of any such citizen, though stand¬ 
ing on land not his own, shall be exempted from attach¬ 
ment and levy or sale on execution to the value of five 
hundred dollars on any debt contracted by him. 

Sec. 2. If any real estate or interest therein, or any 
dwelling house held as aforesaid, shall be attached or 
seized on execution to be sold or levied upon, and the 
value thereof shall exceed five hundred dollars, the at¬ 
tachment, seizing, sale and leyy shall be effectual to 
hold or pass what may remain thereof after setting off 
to the debtor from such part thereof as he may select 
five hundred dollars in value, which set off the officer 
having the execution shall cause to be made and ap¬ 
praised by three disinterested men in the same manner 
provided by law for setting off lands on levy of execu¬ 
tion. 

Sec. 3. Such exemption shall not extend to any lien 
on any property real or personal, obtained before this 
act takes effect, or any mortgage lawfully obtained. 

Sec. 4. No conveyance or alienation by the hus¬ 
band, of any property exempt and set off as aforesaid, 
shall be valid unless the wife join in the deed of con¬ 
veyance. 

Sec. 5. Nothing in this act shall be considered 
as exempting any property from taxation or sale for 
taxes. 

Sec. 6. This act shall take effect from and after tho 
last day of December next. 

Public Sentiment Developing Itself. 

Enthusiastic meetings have been held in Philadelphia 
and New York in behalf of the brave and noble Hun¬ 
garians and the Italians, and we see a Hungarian meet¬ 
ing is called in Cincinnati for the 28th iust., to which it 
is stated 2000 names are attached. 

Ex-Vice President Dallas presided at one of the meet¬ 
ings at Philadelphia, and strong resolutions were passed 
calling on our tardy government at Washington to ac¬ 
knowledge the independence of Hungary. We hope 
public sentiment will force our government to action. 

Source of New England’s Glory. —Hon. Horace 
Mann,Superintendent of Common Schools in Massa¬ 
chusetts, recently stated that for the last ten years the 
average expenditures of the city of Boston for educa¬ 
tion, were equal to the whole amount expended by the 
English government for the education of its seventeen 

millions of people. 

_ *» 

O’Eighty Polish refugees have been ordered to quit 
Paris in twenty-four hours, and France in three days. 


£59,685,000 will have 460 members. 
9,320,000 “ 71 

2,850,000 “ 22 

553 
























25S 


THE NEW CONSTITUTION. 


From the Democratic Review. 

£<E;iciitiois. 

The subject of education, in all its bearings and ram¬ 
ifications, is as interesting and impoitant as it is exten¬ 
sive. In every age it has had its friends and advocates, 
as well as its enemies and opposers—the latter slowly 
but perceptibly diminishing as civilization has advan¬ 
ced; until at length in these times, few persons of com¬ 
mon intelligence and reflection can be found in our 
country, who do not advise universal education of some 
particular kind, and under some general and well- 
organized system. So much has been well said and 
better written by eminent and excellent individuals on 
the subject, that it seems unnecessary to say more,and 
a work of superogation to attempt to add even a mite 
to the previous stock of knowledge. But, though this 
be perfectly true, and the information is in existence, 
still, circumstances frequently arise when a precise 
kind is wanted, and not being at hand, it becomes desir¬ 
able to have it prepared anew, and presented to our per¬ 
usal in periodical publications, lest we neglect the oc¬ 
casion which demands its reiteration, and so hinder the 
onward course of education, and the social, moral and 
mental elevation of the great human family. 

We perceive by the newspapers that one of these ex¬ 
igencies will shortly occur, in the form of a national 
convention, for the discussion of matters appertaining 
to and connected with our common school organiza¬ 
tions, which is to be held in the city of Philadelphia 
on the 22d of August instant; and it is in view of this 
meeting, and with the impression that the question of 
introducing religions instruction into the schools, and 
amalgamating it with the general routine of education, 
will be discussed, that we venture to offer some re¬ 
marks and reasonings. Whilst we claim to speak and 
write what we consider truth in the candid examination 
of any question relative to the public welfare, in a re¬ 
spectful manner, and in the spirit of kindness and free 
inquiry, we most cheerfully grant the same right to 
any and all others, whether they agree or disagree with 
our sentiments and opinions. And we would distinct¬ 
ly state, in the outset, that we belong to the Protestant 
Episcopal Church, and that any remarks which we may 
make, respecting clergymen and religion in the course 
of this article, are intended solely to illustrate our opin¬ 
ions and the positions taken, and not out of the least 
disrespect to any portion of the clerical community, or 
to anv religious denomination. 

In the performance of this self-imposed duty, it will 
not be requisite for us to prove, by lengthened argu¬ 
ments and statistical evidence, that education improves 
and expands the moral and intellectual faculties of man¬ 
kind, or that it promotes virtue and lessens vice. The 
criminal calenders of this republic ar.d the nations of 
Europe, sufficiently demonstrate that a very large ma¬ 
jority of all criminals consist of such portions of socie¬ 
ty as are very partially and totally uneducated, and ex¬ 
hibit thereby the evils of ignorance and the good of en¬ 
lightenment. True, we ought not to place all the blame 
of the poverty, depravity, and crime, which we find 
recorded in the criminal annals of any country, and 
daily witness, to the account of ignorance alone; for 
bo inconsiderable portion of it may be clearly traced to 
the despotism of self-interest—to unjustifiable avarice 
and ambition on the part of kings and governments, 
who enact unequal and wicked laws, in order to enrich 
themselves by pauperizing and degrading the hard 
working, low-living millions of their fellow mortals. 
Still, we perceive enough, by palpable and direct evi¬ 
dence, to convince us of the bad effects of ignorance 
and the advantages of education, to stimulate the mid¬ 
dle and upper sections of, and indeed all, our people, to 
promote its extension and effectiveness to the utmost of 


their power. Yet, for all this, there are some persons, 
even in the United States of America, and in the year 
eighteen hundred and forty-nine, who object to the 
scholastic instruction of the masses; but upon inquir¬ 
ing into, and reasoning upon, their arguments for so 
doing, we invariably find them of a selfish, narrow¬ 
minded chaiacter, unworthy of themselves, their coun¬ 
try, and the times in which we live. This class of cit¬ 
izens are, fortunately, however, comparatively a small 
proportion of our aggregate population. And we hope 
they are annually decreasing in numbers and influence; 
for they are analogous in their views and feelings to 
the overbearing and tyrannical sovereigns and aristoc¬ 
racies of Europe. 

Such of us who can look back and cail to mind the 
nature of a common education, the plans of teaching, 
and the very inferior qualifications of schoolmasters 
and mistresses forty years ago, will remember with 
somewhat of shame and regret the inefficiency of the 
schools of those days; and we see cause for joy, and 
congratulations, and hope, on contemplating the vast 
progress which has been made, the improvements to 
be made, and the advantages thus secured to the pre¬ 
sent and succeeding generations. For us, who live 
under republican institutions, this is a most cheering 
circumstance, for it is acknowledged oil every hand by 
the enlightened and reflecting, that true republican go¬ 
vernment cannot be of long continuance, or happy and 
blessed in its results, unless the bulk of the people are 
well and rightly educated, and are also virtuously inde¬ 
pendent. The people of a republic, in order to insure 
its permanency, must not only know wherein true and 
equitable government consists, and have the determin¬ 
ation to act honestly and independently in the per¬ 
formance of their political duties, but they should also 
be socially in such comfortable circumstances as will 
place them above the fear of scant and want, and the 
temptations of corrupt and vicious leaders. The ever 
to be respected and commended fathers of our republic 
saw this and felt its importance, and in consequence 
used such means as were within their power for the 
mental improvement of the people. Our immediate 
predecessors imitated their example with praiseworthy 
zeal and wonderful success; and we are wisely follow¬ 
ing in their steps, as is distinctly indicated by the rapid 
spread of our public school system, and the desire evin¬ 
ced for its improvement and Well-being by the notifica¬ 
tion of the approaching convention. 

But if we look with attention at the histories of mon¬ 
archical nations, we readily perceive that it is by quite 
an opposite policy that they have been governed, and 
that the millions of oppressed humanity have been 
kept in ignorance, subjection, and degradation, by the 
superior knowledge and tact of a few. Russia, and 
almost all the kingdoms of the old world, even at this 
very period, amply corroborate the truth of this state¬ 
ment. And we know from our daily observation, and 
the experience ol past times, how apt individuals of ex¬ 
tra knowledge and intelligence, especially when held 
in association with wealth, are to become vain, pre¬ 
sumptuous and arbitrary. They appear to forget that 
in ninety-nine cases out of every hundred, they do not 
owe their elevated positions, riches, and advantages, to 
their own industry, economy, self-denial, and higher 
natural talents, but to the fostering care, prudence and 
liberality of their progenitors. Thus it has been thro’ 
all past ages, and thus it is now, with some soul-stirring 
ana brilliant exceptions. Men have used their wealth 
and power for the purpose of gratifying an ambitious, 
arbitrary, and avaricious disposition, amJ the enslaving 
and pauperizing their fellow mortals, whose only faults, 
or rather misfortunes, were ignorance and poverty, 
which they did not originate and bring upon them- 
I selves, and had no power to alter. 










THE NEW CONSTITUTION. 


259 


Such, then, are and have evir been the opposers of 
progress and of universal education; and the reasons 
are obvious; they know that it is much easier to keep 
down, to deceive, and to lead an ignorant and unculti¬ 
vated than an instructed and reasoning population; they 
know and feel what it is that constitutes their superior¬ 
ity, and that if the multitudes of mankind are raised to 
a state of enlightment and rationality, the days of their 
* power and ascendancy are numbeied. These observa¬ 
tions are forcibly illustrated in the case of Great Bri¬ 
tain. In that country the various monarchs and aris¬ 
tocracies, and hiearchy, beneficed and general clergy of 
the established church, have almost invariably acted in 
concert to keep the people in ignorance and subjection. 
Although that industrious, ingenious, and patient pop¬ 
ulation is now suffering and groaning under the com¬ 
bined oppressions of evil rulers and an unchristian 
church clergy, yet they have the temerity, up to this 
very hour, to oppose, both secretly and openly, the or¬ 
ganization and establishment of a national system of 
secular education. That this is a fact, we learn, indis 
putably. from recent information from England; and it 
is specifically exemplified in the action which the cler¬ 
gy took about three months ago in opposition to the 
-Lancaster School Association; the nature of which 
may be gathered from the following brief sketch of the 
proceeding: A large number of the inhabitants of the 
county of Lancashire, seeing and feeling the necessity 
of adopting some measures for the general education of 
the working classes, formed an association for this 
purpose, denominated The Lancashire Public School 
Association. The head quarters of this association are 
in Manchester, and the leading men are well known 
for their intelligence, respectability, morality, devo¬ 
tion to religion, and an expanded benevolence, and are 
attached to various churches of professing Christians. 
Finding, however, that their means and exertions were 
quite inadequate to the objects in view, they called a 
public meeting, with the intention of sending a peti¬ 
tion to Parliament, asking for a law to empower the 
people of Lancashire to establish a public school sys¬ 
tem, similar to that of the city and county of Philadel¬ 
phia, and to be supported in the same manner. In or¬ 
der that the clergy might have no occasion to complain 
of a respectful attention not being shown them, and to 
obtain their approlation and support, they were 
specially notified as to when and where the meeting 
was to take place, and of its precise intentions and ob¬ 
jects. Instead, however, of attending the meeting to 
aid so good a cause, the Church of England ministers 
in the vicinity of Manchester, where it was held, from 
the highest to the lowest, with a very few dissenting 
clergymen, and a considerable body of the oid lory par¬ 
ty, assembled, and with the moq. eloquent speaker, 
and first-rate tactician, the Rev. HughStowell, as their 
leader and spokesman, defeated the object of the meet¬ 
ing, under the specious plea that religious instruction 
was not included in the proposed organization. 

The Lancashire Public School Association proposed 
to establish a system of secular education for the labor¬ 
ing classes, and all others who might choose to avail 
themselves of it, which would enable the children now 
growing up to obtain, at the public expense, plain and 
useful learning, including sound morality. But this 
would not do for beneficed, plurality,and sinecure cler¬ 
gymen, and the other supporters of the powers that be 
and things as they are; for they are well aware, that 
educating the masses will lead them to acquire so much 
general and political knowledge as to bring about a 
speedy and searching reformation in both church and 
state They therefore dodge the question, by profes¬ 
sing to be anxious to do all they can for the institution 
of an universal system of religious education, by which 
they intimate that the people must be taxed to build 


school houses, provide books, and pay teachers, super¬ 
intendents, and all other charges; the whole to be un¬ 
der their management and control. The education 
thus graciously vouchsafed to be bestowed by mother 
church upon the people, would consist of reading pri¬ 
mary books of a religious nature, a little writing to en¬ 
able them to sign their names at marriages and bap¬ 
tisms, well grounded in the church catechism, forms, 
and ordinances; and the imperative duties of passive 
obedience to superiors, reverential humility towards 
the clergy and the church, and unadulterated loyalty. 
This is the kind of education which an aristocratic, 
avaricious, luxurious and comparatively idle clergy 
would fain institute as a boon to the starving millions 
of Great Britain and Ireland ! and, doubtless, as the 
inferior orders of that religious body would fill the office 
of teachers, the children in the schools would be occa¬ 
sionally admonished to learn patience, endurance in 
their troubles, afflictions, and privations, and to bear 
with meek resignation the lot which it has pleased Al¬ 
mighty God to give them; in fact, humbly to do their 
duty “in that state of life to which it has pleased God to 
call them;” and making the poor, oppressed, credulous 
folks believe, that the effects of baa governments and 
wicked laws are the dispensations of Divine Provi¬ 
dence. 

The clergy of the Church of England, as a whole, 
have never been prominent in the cause of education, 
for until recently they have not moved much in the 
question. They did not even come into the Sunday 
School enterprise until far on in the day; and although 
they now profess with solemn earnestness to be desir¬ 
ous of establishing a genera! system of religious edu¬ 
cation, it is evidently only hoodwinking; lor if they 
were sincere, they would immediately cause the enor¬ 
mous incomes of Archbishops, Bishops, Deans, and 
other clergy, to be reduced to a Christian standard, and 
appropriate the surplus to building and establishing 
schools. But this they have not cone, nor have they 
intimated any wish for so beneficial a reformation; nor 
have they ever promulgated any scheme for giving the 
population even" a religious education, to be supported 
by taxation. This sudden advocacy of the eoucation 
of the masses by the clergy, is plainly one of pretence 
only; and by feigning to be anxious to establish a sys¬ 
tem ol religious in opposition to secular education, 
they have defeated the efforts of the Lancashire school 
association, and. as thev think, have staved off the evil 
day to a more convenient season. 

But giving them crei it lor sincerity, which they do 
not deserve, they know right well that any plan of 
theirs having that object in view, is not practicable, 
because on its being publicly agitated and brought be¬ 
fore the House of Commons, Methodists, and Presby¬ 
terians, and Congregationalisms, and Baptists, ana Uni¬ 
tarians, and Bwe< enborgians. cum multis aliis, would 
oppose it with all their might, and assist upon having 
the same privilege of teaching in the schools their 
creeds, and oniinaiiees. and forms of church govern¬ 
ment, and modes of worship as the Churchmen. This 
would give rise to such a slorm of angry disputes and 
contentions, that no scheme would be agrped upon; 
land the very thing, viz: Christian religion, they all pre¬ 
tend to be so anxious to teach others, they would tbem- 
I selves omit to exemplify—showing to the world that 
they w r ere not heartily bpnt upon inculcating practical 
Christianity by their lives and teachings, but that each 
| denomination was striving for the spread of its particu¬ 
lar doctrines, and tiie increase of its power and influ¬ 
ence. The clergy of the Church of E"gland, however, 
are not singular in their opposition to secular educa¬ 
tion, for some of those attached to other bodies of pro¬ 
fessing Christians do the same, on the ground that it 
has a tendency, unless accompanied by religious in-* 






2C0 


THE NEW CONSTITUTION 


struction, to produce infidelity and atheism. This ob¬ 
jection obviously arises from fear—fear as they would 
huve.it understood—lest the people should retrograde 
in civilization and Christianity, and assumes that minis¬ 
ters of religion are all Christians, both by word and 
deed. As we have a large number of citizens, both 
clerical and lay, within our own borders, who hold 
similar opinions and like views of education, it may 
not be out. of place or improper in other respects, to 
inquire very briefly how far they are right, and if these 
fears and objections do not to a considerable extent ori¬ 
ginate in some other way. 

Religion, whatever its name, creed, ceremonies, and 
organizations, has, so far in the world’s history and 
progress, been used in the main as an instrument for 
enabling governments to keep populations in ignorance 
and subjection; the priesthood, and armies and navies, 
acting in union with emperors, kings, nobles, and aris¬ 
tocracies. This has been a peculiar feature in the Ro¬ 
man Catholic religion in various parts of the world; 
and it is not much less so in the case of the established 
Protestant Church of Great Britain and Ireland.— 
Whenever the people of England have petitioned and 
agitated for reforms and more liberty, the clergy, both 
high and low, have always sided with the great and 
powerful, and against the elevation of the masses. If, 
as the bulk of the ministers of religion assert, their 
teachings will render the great multitude of degraded 
humanity comfortable, good and happy, then the Cath¬ 
olic population of Ireland and the Protestant laboring 
classes of England, ought to be pre-eminently so; for 
hitherto they have had very little but religious educa¬ 
tion. That they are not so, is well known, aud the 
fact needs no evidence or arguments to prove it. In 
Spain, in Mexico, in Italy, and in Ireland, the people 
are, aud have been for a long time, under the care, in¬ 
struction, and guidance of the clergy; and what do we 
find in those countries? We see bad government, un¬ 
just and partial laws, the greatest amount of ignorance, 
the least energy, self-respect, and morality, and the 
most deplorable poverty, misery and degradation. On 
the other hand, in these United States, where school 
education is very properly divested of religious instruc¬ 
tion and clerical authority, and where the laws are 
more equitable, we find a fund of general intelligence, 
active industry, social comforts, and individual freedom 
and energy, unequaled in any country on the globe. 

In reasoning upon the subject of religious instruc¬ 
tion forming a part of the studies and duties of day 
schools, we are necessarily obliged to mention minis¬ 
ters of religion; but we do it with no disrespectful feel¬ 
ing, either towards them or their churches and creeds. 
We would gladly throw a veil over the atrocities and 
follies which many of them have committed in by-gone 
days, and the faults and failings of some in our time. 
They are but men; and owing to the peculiar nature of 
their studies, and the bias of their minds thereby indu¬ 
ced, they are but too apt to forget, and not sufficiently 
careful to comprehend, the vast importance of institu¬ 
ting and maintaining equal and just civil laws, so as to 
prevent the educated and unprincipled from preying 
upon the labors of the industrious classes, and thus re¬ 
ducing them to the lowest condition of life. Hun¬ 
dreds and thousands of our most valuable fellow citi¬ 
zens, with their wives and families, have been reduced 
to beggary and starvation at various times, by partial 
and dishonest legislation; and then, driven by despera¬ 
tion to drunkenness, irreligion, and crime. Let minis¬ 
ters of religion go to the houses of well meaning, in¬ 
dustrious, out-of-work, poverty-stricken, starving fam¬ 
ilies, and offer them the consolations of religion, and 
they will find them regardless of such comfort—vastly 
preferring bread and cheese, and remunerating employ¬ 
ment, to the best advice, the most eloquent soul stir¬ 


ring sermons, and the most earnest and sincere pray¬ 
ers. They cannot be ignorant of (lie fact, that when 
the minds, and faculties, and energies of laboring men 
are bound down and held last by superstitions, falla¬ 
cies, ignorance, and bad laws, which make a few rich 
and many poor—that they become discontented and 
reckless, are far from Christianity, and have no taste 
and relish for religion and its blessings. In the aggre¬ 
gate, clergymen appear to think, that in their cases, 
and in cur land, religion and politics are inconsistent— 
and not only so, but fancy that the bulk of the popula¬ 
tion ought not to have much hand in political affairs, 
because of their ignorance; and that legislation should 
be left to the intelligent, rich, and influential, and used 
for their aggrandizement, on the vain and foolish sup¬ 
position that they can and will find employment for, 
and maintain in a comfortable condition, the hard 
working millions. How such notions have succeeded 
when pul in practice, is fully exemplified in the case of 
Great Britain and Ireland, where the system has been 
acted upon for many years. We hold no such senti¬ 
ments, and ardently desire never to see our citizens 
placed in such a degraded and pauperized position as 
the people of that country now are. We hold that 
our citizens must be educated, and in such a way as to 
enable them to fulfil rightly their political duties. So 
far from religion and politics being incompatible, 
they seem to us to have an inseparable connexion, not 
formed into disgraceful and monopolizing institutions 
of church and state, like England, but by educating 
the population, and so fitting them for the readier and 
| better reception of religious truths. We hold, that if 
men be truly religious, and properly educated for ma¬ 
king efficient citizens, they must of necessity be po¬ 
litical also. In the Old Testament it is predicted con¬ 
cerning Christ, that he was to be not only a spiritual 
Savior, but a temporal one also; that he was to open 
the prison doors, to loosen the bonds of the. captive, 
and let the oppressed go free. And in the New Tes¬ 
tament, we are told not to be slothful in business (all 
our duties;) to do as we would be done by; to love our 
neighbor as ourselves; and to do justly, love mercy, 
and walk humbly before God. Well, then, if we see 
our fellow mortals by hundreds, and thousands, and 
millions, kept in ignorance and made poor, and miser¬ 
able, and irreligious, by laws which are founded upon 
policy, expediency, and fraud, ought we not—ought 
not ministers of religion especially, to do all they can 
in a peaceable and legal manner, to obtain a speedy and 
effectual reform of such an unjust and oppressive sys¬ 
tem. If we read, and observe with attention, and then 
reflect upon the information thus acquired, we have 
no difficulty in discovering, that where private causes 
make one man or family miserable, public and govern¬ 
mental actions make a thousand so; and that where 
even the propensities and evil passions of the poor and 
ignorant, and which some religious teachers attribute to 
the power of Satan aud man’s innate depravity, bring 
down upon them and their families calamities of many 
and grievous kinds, the workings of mal-government 
do the same in a ten-fold degree, and are mostly the 
cause and parents of the evils themselves. Bad gov¬ 
ernments, which enact special laws for the benefit and 
aggrandisement of particular persons, parties, and 
trades, promote inebriety and crime, by making the la¬ 
boring classes poor, dependent, and desperate. Bad go¬ 
vernments, by keeping the people in ignorance, by 
heavy taxation, by accumulating large slate debts in 
the pursuit of selfish aud sectional interests, and by re¬ 
strictions on both home and foreign trade, bring upon 
the people more poverty, and depravity, and crime, 
than all private causes put together. We say, there¬ 
fore, that to ameliorate these things, by endeavoring to 
obtain honest rulers and laws, based upon the everlas- 








THE NEW CONSTITUTION. 


261 


ting principles of truth and justice, is a religious as 
well as a political duty—a duty equally binding upon 
clergy and laymen; for by a due performance of it, we 
should be teaching Christianity by our works, in addi¬ 
tion to our words. 

Whoever has been much in England, and has fre¬ 
quently heard sermons from the beneficed and plurality 
clergymen there, could not fail to notice that they 
preach morality, humility, devotion to the church, 
reverence, for bishops and the clergy, and respect to¬ 
wards superiors, more than theoretical Christianity and 
doctrines. And on the other hand, we find th«.t min¬ 
isters of religion in our country preach very little about 
truth, justice, and doing unto others as we would they 
should do unto us; but a great deal about psychology, 
faith, grace, the atonement, and the great importance 
to all persons of being members of some church of 
professing Christians. The great distinctions here 
pointed out in the style and practice of preaching, is 
doubtless owing to the very different positions and cir¬ 
cumstances of the two bodies; the one being entirely 
dependent upon their congregations for bread and but¬ 
ter, and the other being completely independent, and 
supported by an enormous church property. 

However disagreeable, therefore, it may be, and how¬ 
ever unwilling we are to come to the conclusion, that 
there is some other fear'on the. minds of the clergy 
than that of making th*e people infidels and atheists 
by universal secular education, the foregoing consider¬ 
ations leave us no alternative, and we are bound in rea¬ 
son and candor to say, that religious teaching and 
preaching is too much relied upon as a means of mon¬ 
ey making, and for the obtainment of worldly honors 
and rewards, which produce a fear lest the craft should 
be injured. We learn, then, from history—from our 
own experience and observation of men, and from an 
active und right use of our reasoning powers, that the 
more elevated the human mind can be made, the more 
practically religious it will be; and that universal sec¬ 
ular education, which ought to consist of sound moral¬ 
ity and useful learning, is the one thing needful, leav¬ 
ing religious tenets, and forms, and modes of worship, 
to be taught by clergymen and the parents of the chil¬ 
dren. 

Secular education, we maintain, is the mainspring, 
the pendulum, and the regulator of a republican peo¬ 
ple, and,indeed, of mankind at large, and under any 
form of government. It is a self-evident truth, that if 
the majority of the people of a great confederated re¬ 
public, like the United States, continue long in a state 
of ignorance of the nature of true republicanism, and 
their respective positions and importance as minute 
parts of the body politic; or if they become servile and 
subservient, through their ignorance and dependency, 
to ambitious and unprincipled leaders, sectional party 
and personal interests will usurp the place of the great 
undivided whole, and at no distant period jealousies, 
discords, enmities, antagonisms, and anarchy will en¬ 
sue, and the national governmental organizations will 
be swept away as with the besom of destruction. In 
fact, there is no solid ground for hope in the permanen¬ 
cy and prosperity of our federal institutions, but thro’ 
the education and enlightenment of our citizens; for in 
proportion to the ignorance and servility of the labor¬ 
ing classes, so will be their dependency, poverty and 
degradation. And in like manner, the more they be¬ 
come acquainted with natural philosophy’, true politic¬ 
al economy, and other useful subjects, the more ration¬ 
ally independent they will be, and the more elevated 
will they become, morally, religiously, socially, and 
politically. We are extremely anxious and particular 
ou this point, because we wish to assist in dissipating 
the. erroneous notion, that a general system of what 
some denominate a religious education is all-sufficient 


for the mass of mankind. Education—secular educa¬ 
tion, we repeat—is the mainstay of our system, our 
balm of Gilead, our pillars, and the rocky foundation 
upon which we must build and expect to stand. 

But what do we mean by secular education? We 
mean common, practical education, in which the clergy 
have no hand, and from which religions instruction is 
entirely excluded; a system of really useful education, 
conducted by and under the control of laymen only. 
Not that ministers of religion should be shut out from 
all interference, merely because they are clergymen, 
or from any’ disrespect to them, either individually or 
collectively’, or their particular creeds and modes of 
worship, or towards religious institutions generally; 
but for the purpose of avoiding religious jealousies and 
disputes, which would produce ill-will, perplex the 
minds, and distract the attention of the pupils from 
their legitimate studies; and also as a safeguard, by 
preventing any one denomination of ministers from 
obtaining an undue ascendancy, and all from acquiring 
an improper amount of civil and religious power and 
influence. And wbat kind of secular education should 
this be? What branches of knowledge should be 
taught in our public and private schools, and more es¬ 
pecially’ in those under our common school organiza¬ 
tion? In the usual acceptation of the term education, 
and the routine of studies, we understand going to a 
public or private school, and being taught reading, 
spelling, grammar, writing, geography, and arithmetic. 
And in the cases of extra, or best educations, as they 
are called, we include, besides these, Latin, Greek, 
algebra, geometry, mathematics, history’, rhetoric, and 
elocution; and occasionally in addition, chemistry, as¬ 
tronomy, and belles lettres. The last named portions 
of learning are taught in our high schools, some of 
them at the head classes of our grammar schools, and 
in colleges and private seminaries; whilst the former 
are learned at our primary, secondary, and grammar 
schools, both public and private. Are these the kinds 
of secular education which will fully prepare our chil¬ 
dren for republican life and free institutions? Are no 
other branches of learning requisite, to enable the ris¬ 
ing generation to become really free and independent 
citizens? Ought we to teach the rudiments of math¬ 
ematics, algebra, and the dead languages in our public 
schools, to the neglect and exclusion of physiology, po¬ 
litical science, anatomy and agricultural chemistry? 
Ought we to go to a great expense in esiablishing and 
maintaining high schools, in order to give the children 
of well-to-do citizens a refined and classical education? 
Is the teaching of sound morality to be slighted, which 
is of the utmost confidence; and mathentatics cultiva¬ 
ted, which are perfectly useless to the great mass of our 
citizens? The dead languages, so far as law, physic, 
and divinity are concerned, might very well be dispen¬ 
sed with; and the classical language of the professions, 
if simplified and divested of technicalities and verbosi¬ 
ty, would be much more useful and appropriate; so that 
with respect to the public good, it would be well if they 
were not only dead, but buried also, under the sod of 
common sense. They, like geometry, algebra, mathe¬ 
matics, rhetoric, elocution, and astronomy, are of no 
use to niiibty-nine out of every one hundred pupils, 
but have a strong tendency to induce self-important 
and aristocratic notions, which are at variance with re¬ 
publicanism and the spirit of our institutions The 
education which ought to be given to all the children 
of our great commonwealth, should, beyond all ques¬ 
tion, be plain, useful, and practically applicable to their 
wants as citizens in after life; and this is undoubtedly 
the real intention of our public school system—a refin¬ 
ed, classical, gentlemanly education not having been 
originally contemplated. What citizens want and 
should have, is a common sense education, consisting 








THE NEW CONSTITUTION. 


262 


of reading, writing, and arithmetic, as far as vulgar j 
fractions, but no further; so much of grammar as will , 
enable the scholars to read and write correctly; a gen¬ 
eral knowledge of geography; well grounded moiafity; ! 
physiology, and political science, or the nature of just 
government, divested of all party feelings, party falla¬ 
cies, and party interests. Combined, and simultaneous¬ 
ly, our children should also receive physical training, 
for a sound mind in a sound body is the greatest earth¬ 
ly blessing. 

We have just now intimated that high schools, with 
their present courses of instruction, are an innovation 
upon our public school system, inconsistent with re¬ 
publicanism, and a great expense. As it is probable 
some of our readers or their friends may be unwilling 
to admit these assertions to be correct, we will endea¬ 
vor very briefly to examine them. We have, we think, 
satisfactorily explained already, that the nature of the 
studies in our high schools, and the head classes of our 
grammar schools, are unnecessary and unfair innova¬ 
tions of the public school system. Who, then, are the 
scholars in our high schools, and those who compose 
the most advanced pupils in the grammar schools? 
They are the children of our rich or well-to-do citi¬ 
zens, with a very few exceptions. That this is so, and 
must always be the case, is evident from the circum¬ 
stance, that a vast majority of our citizens, when their 
children are of an age to be admitted into the high 
schools, require their assistance in various trades and 
occupations, or put them out to labor, so as to assist 
their almost universally straitened circumstances. And 
when these high school pupils have finished their scho 
lastic educations, what productive employments do 
they engage iu? Comparatively none. Most of them 
in due time become members of the three learned pro¬ 
fessions and editors of newspapers, a small proportion 
store-keepers and merchants, and a still smaller, farm¬ 
ers and manufacturers. Now we know that the per¬ 
sons who comprise the three learned professions are 
large and expeusive consumers, and produce nothing, 
and as a whole, set themselves up as an aristocratic 
section of society. And we have only to look with 
attention at political matters and workings, to discover 
that idle doctors and lawyers, and proprietors and edi¬ 
tors of newspapers, are the chief combatants for office 
and power—all of whom are endeavoringto live in style 
and luxury, and to amass property out of the public 
purse, by doing as little as possible. This feature of j 
our high schools is alone sufficient to convince us that 
they are nurseries of a class who reckon themselves to 
be of the upper ten, of aristocratic notions, and expen¬ 
sive habits; and that they are consequently anti-repub- j 
lican, and in direct opposition to the spirit of our insti¬ 
tutions and the true nature of our government. In- ! 
deed, the very name of high school indicates inequal - j 
ity, and has been borrowed, like the routine and cour-1 
ses of instruction therein pursued, from the monarch-j 
ical and aristocratical institutions of Europe. That, 
they are a very heavy charge upon the public school 
funds, is self-evident; and that they are an unfair ex¬ 
penditure of the public money, is not less so. It is 
obviously unjust to provide a refined, genteel, and clas¬ 
sical education for the children of the middle and high- j 
er classes of society out of the public taxes Any and 
all citizens who desire such an education for their off¬ 
spring, ought to pay for it out of their own pockets. 
Here, then, we arrive at the undeniable truth, that that | 
part of our grammar schools which prepares pupils for 
high schools, and the high schools themselves, are di¬ 
versions from the legitimate and original intentions of 
our public school organizations, unnecessary, and not 
in harmony with true republicanism. In making this 
investigation, and having arrived at this conclusion, we 
have no widi or intention of throwing blame upon 


comptrollers, directors, or teachers, for, doubtless, they 
are actuated by correct motives, and do their best; we 
only wish to draw attention to these departments, and 
to excite examinations, discussions, and vigilance, to 
the end that our schools may be made as perfect as pos¬ 
sible. 

In this state of the question, we are naturally led to 
the inquiry, as to what action should be had in respect 
to these departments of the system, should we discon¬ 
tinue the high schools as at present constituted, and the 
preparatory classes in the grammar schools ? We have 
no hesitation in answering this question in the affirma¬ 
tive, and in saying, that in our grammar schools we 
would supersede the course of preparation, by teaching 
physiology, anatomy, political economy, and agricul¬ 
tural chemistry ; and that we would appropriate the 
high schools to the production of efficient teachers, in 
order to supply the present need and growing wants of 
our public school organizations. Few persons, we im¬ 
agine, will seriously assert, that the supply of first rate 
teachers is equal to the demand arising from the con¬ 
tinual and rapid extension of the system, and to the 
filling the places of many who ought to be discharged 
for want of a sufficiency of the right kind of knowl¬ 
edge, natural adaptation, and attachment to, and love 
for the profession. In the course of our school in¬ 
spections, during the last three years, we have noticed 
many instances of ill-adapted instructors of youth, oc¬ 
cupying important and prominent positions in our 
public schools. Occasionally we have seen the princi¬ 
pal male or female teacher so deficient in good temper 
and patience, and so self-sufficient withal, that they 
were constantly iu hot water with the scholars, scold¬ 
ing, fretting and beating them. And on the other 
hand, and in juxta-position, have seen junior teachers 
of an opposite character and constitution, maintaining 
order and peace, and good will, and getting their pupils 
along with comparatively little trouble and annoyance. 
Again, we have noticed others who have such a love of 
exactness, sucli an hankering after perfectly said long 
lessons, that they seemed almost to forget that the great 
object is, that children should understand what they 
read or repeat. Throughout our observations of, ex¬ 
ceptions excepted, the whole of our public school in¬ 
structions, we become impressed with the conviction 
that there is too much anxiety evinced by injudicious 
and aspiring parents, and unwise or incorrectly directed 
teachers, to produce and exhibit infant prodigies, and 
prematurely developed mental energies. That more re¬ 
laxation during school hours is absolutely requisite,and 
that far too little attention is paid to health and physi¬ 
cal education. Athletic and other pleasurable exercises 
might be adopted, and extended with much advantage. 
Ventilation, cleanliness, and a well regulated heat, iu 
schools, are very important, not well-understood, and 
indifferently attended to—especially in country places. 
In most of the schools we have visited, and we have 
overlooked a considerable number in Maine, Massachu¬ 
setts, Rhode-Island, Connecticut, New-York, and 
Pennsylvania, the desks and seats are all of the same 
heighth, and chiefly adapted to boys and girls of from 
seven to ten years of age ; so that scholars four feet 
high may be found on the same form with others, va¬ 
rying from five to six feet in height, bestowing upon 
the latter through the unavoidable process of learning, 
bowed backs ami narrowed chests. This defect would 
be easily remedied by having the legs of the seats and 
forms constructed upon the sliding principle, so as to 
be raised and lowered at pleasure. It further occurred 
to us, that our public school institutions have been 
made more than is proper and desirable, a large field of 
speculation to book writers, and compounders and pub¬ 
lishers ; and that more discrimination, more caution, 
and less favoritism is wanted in their selection, and in 






THE NEW CONSTITUTION. 


l 2C3 


making alterations. Books fo^ our public schools 
should be plainly expressed, divested of pedagoguism 
and technicalities, and condensed as much as they well 
can be, with due consideration and prudence. We 
wish to avoid the accusation of invidiousness, so that 
we are prevented from naming any improper books 
which have come under our notice ; if, however, Mr. 
Mitchell will pardon us, we would ask him, if he does 
not think that his geography, second part, is not too 
voluminous and burdened witha great many particulars 
which are, tochildren, of little or no use ? Let a sim¬ 
ply written, condensed general geography be used, and 
then short well understood lessons wiil be more effec¬ 
tive than long and tiresome ones ; and so on through 
every grade and branch of study. 

In view, then, of the coming convention, and what 
we have now said, we would, with the utmost respect, 
and all kind feeling to war, s all persons, parties, and re¬ 
ligious denominations, suggest, that any attempt to take 
steps for introducing religious teachings into ourpublic 
schools should be voted down at once. That our high 
schools ought to be changed into normal schools, for 
the sole purpose o f educating teachers ; and that no 
persons, male or female, should be admitted, unless they 
were found upon investigation to be naturally adapted 
to the calling, and had determined to follow the occu¬ 
pation when duly qualified. That the departments in 
our grammar schools, hitherto employed in preparing 
pupils for the high-school, should in future be occupied 
in teaching physiology, anatomy, morality, political 
economy, and agricultural chemistry. That reading- 
books on these subjects should be. introduced, and often 
used, by the upper classes. That teachers, as a whole, 
should be better paid. That particular attention should 
be given to the health and relaxation of the scholars— 
to ventilation, a proper degre: of heat and cleanliness 
in the schools, and to a proper heighth of seats and 
desks. That none but well-informed, intelligent men, 
of sufficient leisure and fitness, should be appointed 
directors. That paid and talented superintendents 
should be employed in rural districts, who should be 
constantly visiting schools and consulting with direct¬ 
ors and teachers. That no new books should be intro¬ 
duced until after a most rigid, careful, and unbiassed 
examination and approval ; and the whole system be 
made as uniform as possible in every way. That as 
Latin, Greek, geometry, algebra, mathematics, rheto¬ 
ric, and elocution, are of no use to ninety-nine per 
cent, of our citizens, they should be excluded immedi¬ 
ately. That as agriculture is, and ought to be, the le¬ 
gitimate and pre-eminent business of our country, on 
account of its fertile and extensive territory, it should 
be a particular instruction to teachers to impress the 
minds of scholars with its nature and advantages.— 
And lastly, that all branches of education should be 
made, as far as possible, a source of pleasure and at¬ 
traction, rather than as heretofore, compulsory lessons, 
which must be learned on pain of punishment and dis¬ 
grace. 

We might with much propriety have extended our 
remarks, in many ways, particularly as to the prudence 
and necessity of establishing labor-schools : that is, 
school learning, in connection with practical agricul¬ 
ture and horticulture. But our present writing is long 
enough, and we fear we have trespassed too much on 
the time and patience of our readers. As to ourselves, 
we shall feel well rewarded for our thoughts, attention, 
and trouble, if we can only have the satisfaction of be¬ 
lieving that we have assisted, even in a slight degree, 
the progress and extension of common sense educa¬ 
tion. _ 

CTThe Arabians enforce patience by the following 
proverb: “Be patient, and tiie mulberry leaf, thou gh 
naturally so rough, will become satin.” 


From the Coshocton Democrat. 

Constitutional Reform. 

In the bustle of politics,and the excitement incident 
to a warmly coiuested canvass for nominations, the 
subject of calling a convention for amending our State 
Constitution seems entirely to have been lost sight of. 

We had long since intended to call the attention of 
our readers to the matter, and urge upon them the 
great importance of their discussing the subject suffi¬ 
ciently to thoroughly understand the reforms proposed, 
and the effects they would have upon the community 
at large. We briefly alluded, a few weeks since, to 
some of the objects sought to be accomplished in call¬ 
ing a Convention to revise the. Constitution. 

The Judiciary system of this State comes very far 
short of the wants of the people, and should be thor¬ 
oughly revised, modified, and so changed as to place 
redress of grievances within the reach of all—meting 
out justice in a prompt manner and at a cheap rate— 
removing those vexatious delays and ruinous expenses 
incident to the present system. This reform is one 
among the most important sought to be engrafted upon 
the Constitution. 

The change of time for the meeting of the Legisla¬ 
ture from annual to biennial sessions, is another reform 
proposed. It is a well established fact that the neces¬ 
sities of the people require but few laws, and those of 
the simplest kind. It is also a fact equally well estab¬ 
lished, that our State, in common with most of her sis¬ 
ters, is cursed with a superabundance of legislation.— 
That the frequent change in our laws is not only detri¬ 
mental to the best interests of the people in their direct 
effects, but also in the amount of time unnecessarily 
spent in enacting and repealing them, must be readily 
admitted. And in this way the people are taxed thou¬ 
sands of dollars annually to pay for legislation which is 
actually an injury to them. This evil is sought to be 
removed, to a great extent at least, by so amending the 
Constitution that the Legislature will meet but oncejin 
two years. 

The State of Ohio has a public debt of some twenty 
millions of dollars! to pay the interest on which, the 
people are annually taxed almost beyond endurance. 
This debt has been created by the legislature in con¬ 
structing our public improvements. The democrats 
propose to engraft in the Constitution—should a con¬ 
vention be ordered by a vote of the people—a clause 
requiring the Legislature to refer every measure which 
would increase the State debt to a vote of the people. 
By this means an effectual stopper would be placed up¬ 
on all schemes for squandering the people’s monoy 
upon unworthy objects. 

‘Theelection of all officers by the people, is another 
reform desired to be carried out by the democratic par¬ 
ty. The time has gone by when the people can be 
made to believe that they are not just as competent to 
elect their judicial,as their legislative and other officers. 
In several of the State Constitutions recently adopted, 
the election of judges is conferred upon the people-— 
And so far as that mode of election has been tried, it 
has worked to the satisfaction of all. 

If the people are possessed of a sufficient degree of 
intelligence to be competent to choose suitable persons 
for the office of Prosecuting Attorney, Sheriff Auditor, 
Treasurer, members of the Legislature and Congress, 
is it to be supposed they are less competent to elect 
Clerks of Court, Judges, members of the Board of Pub¬ 
lic Works, Secretary,'Auditor and Treasurer of State, 
and all other officers now elected by the Legislature? 
Such ail idea is preposterous. By voting for a call of 
a Convention to amend the Constitution, the people 
will take the initiatory steps towards removing the 
evils complained of. 










THE N T EW CONSTITUTION. 


261 

TIIE OBJECTIONS TO A NEW CONSTITU¬ 
TION—PUBLIC SENTIMENT, &c. 

As the time approaches when the question whether 
the people will cast theirvotes in favorof, or against the 
calling of a Convention to give Ohio a new Constitu¬ 
tion. is to be decided, it is amusing to witness the 
workings of public sentiment on this subject—the 
twistings and false issues sought to be raised by those 
opposed to the measure, contrasted with the open, frank 
and manly expression of those who wish to give the 
State a charter more clearly based upon the republican 
doctrine of man’s capability for self government. 

Among the resolutions passed at a nominating Con¬ 
vention in Champaign county, during the last week, 
was the following: 

“ Resolved, That in view of the fact, that we have 
two parties in our State.pre-disposed to barter and trade 
in political sentiments, we consider the present period 
inauspicious to call a convention to adopt a new con¬ 
stitution,—that we would rather suffer from the in¬ 
conveniences anil nominal evils of the glorious and hal¬ 
lowed instrument framed by our Patriot sires, than to 
run the risk of having an exclusive gold and silvercur- 
reucy, and unqualified Negro Suffrage entailed upon us, 
by the swapping propensities of the locofoco and the 
‘balance of power’ parties.” 

As an offset to the above, we copy the following ex¬ 
tract from the admirable letter of Isaiah Morris, o f 
Clinton county, and published in No. 3 of the New 
Constitution, written to Franklin Corwin, of the state 
Seuate in February last, giving that Senator his reasons 
why a law should be passed allowing the people to vote 
on the subject of au alteration of the state Constitu¬ 
tion. Mr. Morris is an old and highly respectable citi¬ 
zen of the state—has served many years in the Legis¬ 
lature, and from his age, experience, and many excel¬ 
lent qualities of head and heart, has as much influence 
with the party, which passed the Champaign county 
resolutions, as auy gentleman in his section of the 
country. Being a leadingmember of that party, we feel 
the less reluctance to the use of his name in this con- 
neclion: 

“Now, as to objections urged against calling a Con¬ 
vention by some: It is said there is too much excite¬ 
ment in the public mind, and too many issues before 
the people. I do not perceive that there are any more 
issues before the people at present than there has been 
for twenty years past, nor will there be for some time 
to come. The presidential election had just passed, 
and there will not probably be much excitement on 
that subject for two or three years to come. Appre¬ 
hensions are entertained by some that possibly negro 
slavery might be incorporated into our system,—the ' 
celebrated Ordinance of 1787, you know, settles that 
question, and making assurance doubly sure on that 
point, the practical operation of our system for so 
many years, resulting in our unexampled prosperity, 
compared with our neighbor slavehohling States, will 
stand out in bold relief. I do conceive an amendment 
to the Constitution indispensible, and viewing the sub¬ 
ject in every aspect presented to my mind, I am led to 
the conclusion that the present is as propitious as any 
period hereafter will probably be, for submiting to the 
people this important subject, believing that we 1 


would be safe in trusting them with the high preroga¬ 
tive of modelling a Constitution for themselves and 
posterity.” 

In Champaign county, according to the resolution 
above published, the bug-bear of “unqualified negro 
suffrage” is brought forward to frighten those in favor 
of a new constitution from a longer support of that 
measure, while in Clinton county, according to Mr. 
Isaiah Morris, the will-o’-the-wisp is changed to that 
of fear that slavery will be entailed upon the State. 

The resolutions of Champaign county, and the ten¬ 
ner of articles in the Scioto Gazette, seem to be predi¬ 
cated on the fact that the New Constitution is trot to be 
submitted to the people for their approval or rejection 
before going into force. We have again and again re¬ 
peated that no set of men would be so foolish as to at¬ 
tempt to adopt a constitution at this day for the people 
without submitting it to them for their decision, and 
we are glad to see the Ohio State Journal rebuke that 
portion of its party that would impress such an idea on 
the people. The Journal of Saturday evening says: 

“The only question to be decided by the people at 
the ensuing election, in relation to a change in the Con¬ 
stitution, is, whether a Convention shall be called?— 
With the decision of that question, the immediate ac¬ 
tion by the people on the subject, rests. Should the 
people decide in favorof calling a Convention, it will 
devolve upon the legislature to take further action, by 
prescribing the time and manner of choosing delegates. 
It is the opinion of some, that the delegates so chosen 
will be invested with plenary powers; and that their ac¬ 
tion will be final, without the intervention of a popular 
vote. We incline to a different opinion—that the Con¬ 
stitution as it now exists is the instrument, property 
and possession of the sovereign people, of which they 
cannot be divested without their consent, expressed by 
a direct vote.” 

The Journal also adds: 

“We suppose that, as matter of course, the utmost 
expected of a Convention will be to submit a draft of a 
new Constitution for the consideration of the people; 
and that the electors, having both entire instruments 
before them, will be left to their choice as between the 
two. But if there be any question upon this point, “to 
make assurance doubly sure,” the right of such a vote 
should be reserved to the people, by the Act providing 
for the election of delegates.” 

The nominating Convention of the democratic par¬ 
ty in Mercer county, held on the 11th inst., passed the 
following: 

The committee on resolutions reported the follow¬ 
ing, which were unanimously adopted: 

Resolved, That this convention most heartily ap¬ 
prove of the efforts of the friends of reform, to pro¬ 
cure for the State of Ohio anew Constitution. 

Resolved, That the public voice, justice, and the pro¬ 
gress of the age demand among others, the following 
reforms: 

1. That the appointing power of the State Legisla¬ 
ture should be totally destroyed; which is at present 
the legitimate cause of endless intrigue and corruption, 
an outrage upon the rights, and dangerous to the liber¬ 
ties of the people. 

2. That all officers, legislative, executive and judi¬ 
cial, should be elected directly by the PEOPLE. 

3. That each county should be entitled to at least 









THE NEW CONSTITUTION. 


265 


one representative, and additional representatives ac¬ 
cording to population. 

4. That the Legislature should convene but once 
in two years. 

5. The Legislature shall not have power to con¬ 
tract debt upon the credit of t|ie State, nor pass special 
acts of incorporation, by which to protect swindling 
companies from the payment of their just debts. 

6. That the state should not “emit” nor authorize 
the emission of “biilsof credit;” that the people should 
be protected by the constitution from the inundations of 
“bank rays," which at present curse our State and 
blight her prosperity and improvement. 

7. That the power exercised by the Auditor of 
State, (an irresponsible agent) that of taxing the peo¬ 
ple according to his judgment or will, is a violation of 
the present constitution, and an outrage upon all re¬ 
publican principles. 

8. That the Circuit Courts of common pleas should 
be abolished, and county courts substituted, consisting 
of one Judg 1 ) to be elected by tbe people. 

9. That the acknowledged inefficiency of the Su¬ 
preme Court of Ohio under its present organization, to 
accomplish the ends of justice, demands that it should 
be entirely and effectually remodelled. 

10. That the Supreme Court should decide the 
claims ofSenators and Representatives to contested seats. 

At a county convention of the democratic party of 
Lucas county, during the past week, the following 
preamble and resolutions were passed: 

Whereas, The Constitution of this State was framed 
for a small population, and experience has shown 
that it is unsuited to the present condition of the 
State; and whereas the progress of public sentiment 
and the increased knowledge of the principles of 
government, demand a corresponding change in the 
fundamental law; therefore, 

Resolved, That a convention should be called in the 
manner prescribed by the Constitution, to frame a new 
Constitution for the State of Ohio, subject to the ap¬ 
proval of the people. 

Resolved, That among other matters necessary to se¬ 
cure good government and the rights of the people, a 
new Constitution should provide for the following: 

1. The cheap, prompt and certain administration of 
justice. 

2 The adequate education of all the youth of the. 
State. 

3. The prohibition of State debts beyond an 
amount to be specified by the new Constitution, except 
in the case of actual invasion, or for the payment of 
existing debts. 

4. The prohibition of banking corporations ex¬ 
cept by the special consent of a majority of the peo¬ 
ple. 

5. The division of the State for representation in 
both branches of the legislature into s’ligle districts 
equal in number to the number of Representative re¬ 
spectively, upon some fair and equitable plan to be fix¬ 
ed by the Constitution. 

G. The election of all State and County officers by 
the people. 

Resolved, That among the reforms which we deem 
indispensible to the interests of the people of Ohio, is 
that of our present Banking system, the monopoly fea¬ 
tures of which affect injuriously the commercial and 
industrial interests of the people of Ohio. 

Resolved, That we are in favor of throwing open 
the business of Banking to free competition, and at the 
same time requiring Bankers, in all cases, to deposit se¬ 
curity, to be held by the State, in the public stocks of 
the State of Ohio, for all circulating notes that may be 
issued. 


Written for “The New Constitution.” 

A GLANCE AT CALIFORNIA AND THE 
ISTHMUS OF PANAMA. 

Sitting in my comfortable study this morning, as I 
took up the “paper” which had just been brought from 
the office, yet moist and redolent news; the first 
thing that attracted my attention as I unfolded its am¬ 
ple dimensions, was the announcement in staring cap¬ 
itals “Later from California.” “What,” I inwardly ex¬ 
claimed, “can we never get done with this California?” 

But in truth this impatience was entirely misplaced, 
and I was soon as deeply immersed in the mysteries of 
gold digging, proclamations, markets, politics, slavery 
and accidents as any one. 

The history of California remains yet to be written. 
Ii lies in the future; pre-determined indeed, yet hidden 
from mortal eyes. 

Indeed the past history of the world has never yet 
been properly written. It has, for the most part, been 
treated by professed historians, as a mere record of 
events, battles and revolutions. The particular events 
and facts have been aggregated together, and then called 
a “history.” 

Byt history, truly so called, should be, not the record 
merely of individual facts, but the representation of 
general movements, underlaying the separate facts, and 
giving them their proper significance. Through the 
whole past, the careful observer can perceive a silken 
thread, as it were, running through the great mass of 
historical information, and purloining the course of the 
general stream of history. 

To America, has now been given the mission and 
high responsibility, of giving character and direction 
to this stream of history. In the onward march of na¬ 
tions, she undoubtedly leads the van. It is the spirit 
of America which now guides the world, and of which 
the various remarkable events of Europe, within the 
present year, are but single manifestations. 

Many of us seem to have but a faint conception of 
the mission of America; some, perhaps, cannot under¬ 
stand that America has a mission to fulfil, or do not 
know what a mission is. To them, history, past pres¬ 
ent and future, is but a fortuitous concurrence or sub¬ 
sequence of events. What a dismal view! 

It may be premature, indeed, to undertake to say 
exactly what is the great work which America has to 
perform; but that America has some work, in the Prov¬ 
idence of God, to carry out, it is the worst of infidelity 
or ignorance to deny. 

Astonishing events have latterly succeeded each oth¬ 
er so rapidly, that we are ready to stand confounded, 
and to ask: “Whither are we going?” “What is the 
meaning of all this?” 

The annexation of California to our country, and 
the opening of a highway across the. Isthmus, have a 
meaning, deep and solemn; and perhaps we may obtain 
some conception of it by casting a glance at their prob¬ 
able influence on the future history of the United 
States. 

Is it not a very strange thing that the gold mines of 
California were not discovered sooner? There the 
precious metal lay, almost on thesurface of the ground; 
the Indian shouted in the chase—the trapper watched 
for his prey with untiring activity; the Spaniard ruled 
the land, and yet no one suspected or discovered the 
precious treasure within the bowels of the earth. Had 
the discovery been made ten years ago, while the couu- 
try yet belonged to Mexico, swarms of degenerate 
Spaniards and Indians would have occupied the coun¬ 
try, despoiled it of its wealth, and left it, like all the 
Spanish colonies, to linger out a sickly existence. It 
would have become a mere dependency of Mexico, and 
retarded rather than aided the progress and development 






THE NEW CONSTITUTION. 


23o 


of free principles and true religion. But see! Scarce¬ 
ly were our eyes opened to the fact that we had ac¬ 
quired a large tract of country, and before we were 
able to realize the fact of our ownership, presto, the 
gold is found, the days of the crusades return, and in 
six months, a new, free. Republican Slate is founded 
upon tile shores oUthe distant Pacific. For though 
California may not be a State as yet in farm, she is so 
in fact; bone too, of our bone, every affection of the 
heart, audall the interests of life interwoven with our 
own. 

Who will say there is no meaning at the bottom of 
all this? That some great purpose is not to be sub¬ 
served in the world’s history, by the discoveiy, just at 
that particular time, of that gold, which has caused a 
republic to be horn, as it were, in a day. 

There is some meaning also in the fact that the Isth¬ 
mus of Panama has been taken possession of bv our 
enterprising citizens, just at the same time, and thus a 
great transit opened between the occidental and oriental 
worlds 

Spread open the map of North America before you, 
and while you recollect that our nation, which has been 
so wondrously raised up to lead the human race in its 
onward development in every sphere of life, occupies 
the very heart of this new continent, preserved in vir¬ 
gin fertility expressly for the occupancy of this peo¬ 
ple; see how she is all at once obtaining possession 
of the extremities also, or out-posts, of the whole 
coast, monopolizing the important points, and preparing 
the way for extending her institutions over the whole 
land! 

You will notice its division into three great portions; 
the great central valley, the finest in the world for agri¬ 
culture; the Alleghany slope on thee-st.and the Oregon 
and California slope on the West. Rapidly as has been 
borne westward the wave of emigration, it has but 
scarcely crossed the Father of Waters. But here, all 
at once, a State has been planted on the western slope; 
and who can doubt that the man is now living, who 
will see a tier of States on the Pacific coast, equaling 
the population and prosperity of the present tier of 
States on the Atlantic slope. Nay more, the interme¬ 
diate' vast country will, in consequence, be speedily 
overrun and occupied. First, forts and military posts 
will become necessary; then roads for inter-communi¬ 
cation must be opened; town and villages will spring 
up by the side of thse highways, and thus gradually 
will arise numerous states between us and the Pacific 
coast, and one language, one constitution, ono general 
spirit, will reign from sea to sea. 

The Isthmus of Panama seems a point of little im¬ 
portance. We do not indeed possess the land; and yet 
the grant of a right of way to an American company, 
and the construction of a railroad from ocean to ocean, 
I regard as second only in importance to the possession 
of California, in the future history of our country. 

Its immediate results will be, the opening of a great 
channel of communication with our Pacific States.— 
As a matter of course an immense travel will pass that 
way. This will call forth a settled English population 
all along the route. At either end will be cities, Amer¬ 
ican in every respect. Along the route will spring up 
villages Our manners and customs, our habits of 
of thought, our free Protestant religion will thus obtain 
a strong and easy foothold 'at the southern end of the 
continent. Will this not act as a leaven upon the sur¬ 
rounding degenerated Catholic countries? Will it not 
open those lands hitherto sealed, to the light of a free 
gospel, free principles and a free civilization? Nay, 
all aloug the western coast, from Panama to San Fran¬ 
cisco, will be a series of towns and cities, under Amer¬ 
ican control, which will be like so many out-posts, 
from which a silent and insensible attack will be made 


upon a semi-barbarous state of society, and by which 
means, principle will be imposed, that will result in its 
regeneration. 

But Panama willbearayet higher character. It will 
become the highway of the world, where Europe and 
Asia will clasp hands, and the Atlantic and Pacific pour 
their treasures into each others bosoms. A single 
glance at the map can satisfy any one of this. It is 
passing strange, indeed, that nations have not sooner 
thought of this result. It is providential, in the high¬ 
est degree, that the work has been commenced not by 
grasping England, fickle France, besotted Spain, but 
by free America. 

When we enlarge our view thus, we can see how 
America, by means of Panama, California and Oregon 
will be prepared to exert an influence on the Eastern 
World, also on old Asia, so long on the back ground in 
history, so long sunken in semi-civilization, so long 
shrouded in mental and moral darkness. 

Does this not give us a glimpse at least at the great 
mission of America? Can the most stolid mind help 
seeing, that if your course is onward, as it has been, 
there are great things in store yet for our country? 

_AMER1CANUS. 

From the Philadelphia Keystone. 

The Canadian League. 

Our neighbors of Canada are in trouble. As long 
as they were permitted to advance in the jog-trot style 
of national progress which seems to be characteristic 
of the Canadians, and as long as they were not, by a 
constant striking and ever-present comparison, com¬ 
pelled to have impressed upon their indolent senses the 
sublime stupidity of their lethargic policy, they were 
content. They could sleep on and dream of almost 
any amount of future greatness. But, the United 
States, with its go-ahead population, its intelligence, 
its enterprise, its manifold and every day developing 
evidence of wonderful prosperity, now presents them 
with such unceasing and humiliating proofs of their 
own deficiencies, that they cannot, if they would, re¬ 
main tranquil beside the galling picture. 

The Canadians, inspired by our example, have begun, 
like a man just awakened from a deep sleep, to shake 
themselves and look about them. They can readily 
perceive that while all is life, bustle and business upon 
one side of the great lakes, all is quiet, dreamy and 
lethean on the other. They can easily see that while 
we have towns springing up every year, as if by magic, 
upon the margin of the dividing waters; that while the 
deserts seem to bloom into ripening fields, and the for¬ 
ests to turn into railroads and canals, at every footstep 
on their frontier, made by the people of this republic, 
their own land, of “masterly inactivity,” presents a 
piteous and sickening contrast. 

Where the tall trees once shut out the light of the 
sun, on the American shore, and made coverts for the 
fox, the wolf and the rattlesnake, the Canadians now 
listen to the hum of profitable industry, and behold the 
smoky chimney-tops of manufactories, the glittering 
spires of the temples of divine worship, or the white 
cupolas of well-frequented and fashionable hotels.— 
Where they once gazed at our indented shores, and 
watched the hunted deer treading their crumbling 
banks, or noted the Indian canoe as alone giving evi¬ 
dence of animation, they now observe the long wharves 
crowded with merchandise; the snowy sails clustered 
like “night’sspangles” upon the blue waters; the steam¬ 
boat puffing her way up or down as if conscious of her 
importance in the progress of civilization. The merry 
“yo-heave-oh” of the mariner has taken the place of 
the solitary whoop of the hunter. The musical sound 
of the rattling blocks and tackle have been substituted 
for the song of the wild-bird or the hoot of the melan- 






THE NEW CONSTITUTION. 


267 


choly owl. All the voices of active commerce now 
finds their way across the foaming flood, in lieu of the 
fearful echoes of the wilderness that once carried but 
dreadful apprehensions to the heart of the belated wan¬ 
derer. 

The Canadians are not blind, although marvellously 
slow and stupid. They can see and hear all these as¬ 
tonishing tokens of our advancement; and when they 
look around at the stillness, like death, which pervades 
their own borders; when they see their own towns 
grasstrodden and desolate; when they listen and hear 
scarcely a sound that betokens cheerful labor and 
bustling trade, but those which dance over the ripples 
from this side of the boundary, what must they think? 
How must they feel? To what conclusion must they 
inevitably come? We need not answer. Hence it is 
that they begin to grow so restless under the dominion 
of “Her Most Gracious Majesty.” Hence it is that 
they accidentally burn down Parliament Houses; and 
not being exactly aware of what they had better do, 
burn in effigy, Her Majesty’s representatives. Hence 
it is that they hold so many public meetings, and while 
talking boldly of reform, protest so strongly their un¬ 
conquerable loyalty to their Sovereign—tor no man, 
and no set of men, ever deem it necessary to swear so 
strenously to anything excepting that which they feel 
others have excellent reason to distrust! 

The result of all this is, that the Canadians have held 
a grand convention lately, and have published an “ad¬ 
dress of the British American League to the inhabi¬ 
tants of Canada.” Unfortunately, the address, though 
well written, amounts to nothing. Its authors had not 
the nerve to do more than state the public grievances 
without suggesting an effectual remedy, for fear of the 
consequences when the paper should meet the eyes of 
the ministers of Her August Majesty, for whom they 
profess to feel so absolving and loyal a devotion. The 
Address proposes a sort of Confederacy of the Provin¬ 
ces. Under such a Confederacy it is presumed that 
the enormous public expenditures could be sensibly 
diminished, and, at the same time, a Protective Policy 
established, adapted to foster the infant manufactures 
of the colony. 

All this is pretty enough, but it is clear moonshine. 
Tlie whole scheme is impracticable, and its authors, we 
suspect, are well aware of it. The truth is, the dissat¬ 
isfied Canadians want to rebel, but they are afraid to 
attempt it. They are anxious to get rid of the army 
of aristocratic office-holders fastened upon them by the 
mother-country, but they have not the courage to ut¬ 
ter their plain thoughts. They are endeavoring to 
jump around the difficulty, and delicately hint, rather 
than express their growing disloyalty. They feel treas¬ 
on, but they speak its opposite. In such a position 
what can we expect them to do ? Why nothing, of 
course. They will meet and meet and then be driv¬ 
en back, like whipped curs, to their hiding places, by 
the very laced-coat stipendiaries of whose hands in 
the public Exchequer they so much complain. 

We pity the pooplo of Canada, but we can do no 
more. They are not yet fit for freedom. They have 
not yet learned to speak out bravely, like men who de¬ 
serve manumission. They have not yet been suffi¬ 
ciently educated in the school of political affliction, to 
enable them to master the language that becomes men 
ripe for liberty. They c.re coming on, however. Ne¬ 
cessity is a severe instructor, but she is a remarkably 
good one. Besides this, Canada has one example con¬ 
stantly before her. She knows what we have done. 
She sees what wecan do. Even monkeys have the t- 
gan of imitation very largely developed, and we should 
be sorry to place the Canadians, poor opinion as we 
have of them, very much below that respectable and 
amusing division of animated nature. 


Read both Sides. 

Two weeks siuce, in accordance with the plan of 
our publication to give as far as practicable the argu¬ 
ments on both sides of every change proposed to be 
made in the constitution, we published a temperate, 
well-written article from the St. Ciairsville Gazette, 
mainly devoted to the veto power, and urging its adop¬ 
tion in the new constitution of Ohio when framed. 
The Ohio State Journal of this city replied to the ar¬ 
ticle, and that reply, with tne rejoinder of the Gazette, 
we give below, that our patrons may read both sides of 
the question: 

The New Constitution assuming Shape. 

The “New Constitution” of the 4th, contains an ar¬ 
ticle from the St. Ciairsville Gazette, proposing to con¬ 
fer upon the Governor the Veto power, and to restrict 
the Legislature from passing any acts that have not been 
previously proposed and discussed in the public papers. 
The democracy of the one man power —the ignorance 
and incapacity of mere members of the Legislature— 
theii tendency to enact tyrannical laws, seem to have 
made a strong impression upon these advocates for a 
light and simple government. Read: 

“Another provisoes is demanded—the Veto —so that 
the people may not be crushed by an oligarchy, or a 
banded crew of log-rolling legislators, who buy and 
sell us at pleasure, ‘like cattle in the market.’ No 
government can be Republican unless the Veto exist in 
some shape, so that bad men may not engraft tyranni¬ 
cal laws on the statute books, or ignorant dupes enact 
hasty and corrupt ones. Every law should be propos¬ 
ed in the public prints ere it is enacted, and then if 
passed against the public will, no Governor would dare 
sanction it, unless disposed to stern a torrent that would 
consign his party and himself to ignominy. Numbers 
may do wrong in Legislative halls, that a single Exec¬ 
utive would shudder to accomplish. Hence we look to 
a Veto as a social, moral and political good, and in all 
our reforms shall advocate it boldly.” 

“Numbers may do wrong in Legislative halls, that a 
Single Executive would shudder to accomplish.”— 
Then why not dispense with the numbers in the Leg¬ 
islative halls—that body of “bad men,” who engraft 
tyrannical laws on the statute books," and adopt the re¬ 
gal veto at once—that “social, moral and political good,” 
as the sovereign? 

The Cincinnati Gazette very properly inquires:— 
“What next?” 

The next step in the programme is to still further ex¬ 
alt the prerogative of the Governor, by conferring up¬ 
on him the power to remove Sheriffs and Clerks of 
Courts from office at bis pleasure. The Richland Shield 
and Banner publishes in its editorial columnsan article 
upon Constitutional Rejorm,which contains the follow- 
ing: 

“It is mockery to make it the duty of the Governor 
‘to take care that the law's be faithiully executed,’and 
then disarm him of all the power to fulfil the duty.— 
Sheriffs and Clerks of Courts, though elective, should 
be removable by the Governor, for misfeasance &nd mal¬ 
feasance in office.” 

Progressive Democracy appears to be tending towards 
great simplicity informs of government. Despotism, 
we are told, is the simplest of all—and if these project¬ 
ed reforms do not squint strongly toward that climax of 
the simple, v'e are strangely misled by appearances.— 
Ohio Slate Journal. 


From the St. Ciairsville Gazette. 
The Ohio State Journal, the leading federal organ, 











26S 


THE NEW CONSTITUTION. 


joins issue with us, as to amending our present rickety 
Constitution, so as to confer the veto power on the 
Governor. It would not aid the one-man power! It 
would not restrict the Legislature from passing any 
important acts—for new taxes, debts, &c., that have 
not been previously proposed and discussed by the peo¬ 
ple, and we suppose it also objects to the election of 
Judges, &c., at the ballot box. 

We accept the issue, and promptly, as to the veto- 
We demand, in the name of a plundered people, this 
important safe-guard in a new Constitution, despite all 
Ewing, Corwin, and the federal press said prior to the 
election of Gen. Taylor. If our own arguments have 
no weight with the Journal, and it has not answered 
them, we will give some good whig authority, that 
must settle the matter conclusively. 

Gen. Harrison says of the veto: 

“It gives security to the just and equitable action of 
the Legislature upon all parts of the country. It gives 
time to enact proper laws, for acts are often passed from 
local interests and sectional feelings. It is proper, 
therefore, to provide some umpire, from whose situa¬ 
tion and mode of appointment more independence and 
freedom from such influences may be expected. Such 
a one is offered by the Executive department, constitu¬ 
ted by the Constitution. A person elected to that high 
office, having his constituents in every section, must 
consider himself bound by the most solemn sanctions to 
guard, protect, and defend the rights of all, and of ev¬ 
ery portion, great or small, from the injustice and op¬ 
pression of the rest. I consider the veto, therefore, 
given by the Constitution to the Executive, solely as a 
conservative power: to be used only, 1st, to protect the 
Constitution from violation; 2, the people from the ef¬ 
fects of hasty legislation, where their will has been 
probably disregarded or not well understood; 3, to pre¬ 
vent the effects of combinations, violative of the rights of 
minorities .” 

Now, what Gen. H. says above as applying to Con¬ 
gress and the President, is as fully applicable to a Gov¬ 
ernor of a State, and the Legislature thereof. 

Gen. Taylor says, that the power given by the Con¬ 
stitution to the Executive, to interpose his veto, is a high 
conservative power—to be exercised in cases of clear 
violation of the Constitution, or manifest haste or want 
of consideration by the Legislature. 

But we go to higher authority than old Zack. 

Judge Story, in his Commentaries, says: 

“There is a natural tendency in the legislative de¬ 
partment to intrude upon the rights, and to absorb the 
powers of the other departments of government. 

“The Executive is weak without the qualified nega¬ 
tive, or veto, and may be actually stripped of his au¬ 
thority, and become, what it is well known the Gover¬ 
nors of many of the States are, a mere pageant and 
shadow of magistracy. The veto is important, as an 
additional security against the enactments of rash, im¬ 
mature, and improper laws. It establishes a salutary 
check upon the legislative body, calculated to preserve 
the community against the effect of faction, precipi¬ 
tancy, unconstitutional legislation, and temporary ex¬ 
citement, as well as political hostility. 

“Nor is there any solid objection to this qualified 
power. If it should be objected, that it may some¬ 
times prevent the passage of good laws, as well as of 
bad laws, the objection is entitled to but little weight. 
In the first place, it can never be effectually exercised 
if two-thirds of both Houses are in favor of the law; 
and if they are not, it is not so easy demonstrable, that 
the law is either wise or salutary. The presumption 
would rather be the other way; or, at least, that the 
utility of it is not unquestionable, or it would receive 
the requisite support. In the next place, the great evil 
of all free governments is a tendency to over-legisla¬ 


tion’, and Ihe mischief of inconstancy and mutability 
in the laws, forms a great blemish in the character and 
genius of all free governments. The injury, which 
may possibly arise from the postponement ot a salutary 
law, is far less than from the passage of a mischievous 
one, or from a redundant and vacillating legislation.— 
In the next place, there is no practical danger that this 
power will be much, if any, abused. The superior 
weight and influence of the legislative body in a free 
government, and the hazard to the weight and influ¬ 
ence of the Executive in a trial of strength, afford a 
satisfactory security that power will generally be em¬ 
ployed with great caution; and that there will be more 
often room for a charge of timidity than of rashness in 
its exercise.’’ 

At some other time we shall quote Clay, Wickliffe, 
Crittenden, &c., on the veto. We trust the Journal is 
satisfied that we are not disposed to ceate despotism, 
or erect a “one man power” above the people—for it is 
the people we would preserve from the tyranny of le¬ 
gislators. 

But why, we ask, do the federal leaders object to a 
new Constitution, and particularly to engrafting the 
veto thereon? Because thev have managed, hereto¬ 
fore, the log-rolling legislators who enacted laws to 
“contract and expand our currency” at will, so that 
speculators could buy and sell at great advantage to 
themselves. They also got acts passed to suspend 
specie payments, to save bankers from paying their 
honest debts, when the same men could promptly ob¬ 
tain judgment against their debtors. Laws were pass¬ 
ed to make new debts, and squander money, to benefit 
one section, and plunder, another. Taxes were estab¬ 
lished by the one man power to devour the proceeds of 
labor, and lighten the burdens of those who lived by 
their wits, by fraud and gambling speculations. Legis¬ 
lators also favored the tyranny of property in place of 
protecting the meritorious and poor. They struck at 
all personal and political good for the masses, so that 
the rich could fleece them by interest on new loans, 
and speculating on the public debts. Our representa¬ 
tives have betrayed their trusts, thrown off all allegi¬ 
ance to the sovereigns, excited insurrections at the cap 
ital, because they could not do as they pleased, and 
enacted laws incongruous, partial, and so voluminous 
that the most intelligent could not understand them, 
whereby they furnish pettifoggers with arms to fight 
honest men, to quibble, keep up litigation, and increase 
their purses. Thus Justice has been hidden beneath a 
multitude of words—perverted—made a mockery of— 
postponed—and parties litigant ruined. 

We want a Republican Constitution—laws few and 
simple—and, above ail, means devised to prevent the 
Legislature from heaping debts upon us, or passing 
laws until the people are conversant with the facts, and 
the mode of expending the public funds. We want a 
new Constitution, to give back to the people the power 
taken from them without their consent, to elect Judg¬ 
es, &c., and from the worthiest of the community; for 
he who follows not justice in private life, is unworthy 
of public trust. As it now is, we see legislators spurn¬ 
ing the good and wise, and bribing men to become 
hypocrites, and to rob us, as has been done in our pub¬ 
lic works, where knaves have made fortunes in a few 
years out of a tax-ridden, oppressed people. 

Every free people should retain the right in their 
own hands, of discharging their servants from office, of 
altering and amending their laws and forms of govern¬ 
ment, with or without precedent; or enact new ones, 
repeal old ones, and remodel their Constitution for the 
common benefit, whenever it shall seem fitting to the 
general perception of right and utility. 

But the Ohio State Journal opposes all these reforms, 
and why? Because it sees that their necessity grows 






THE NEW CONSTITUTION. 


2fi9 


out of the fact, that those heretofore, and some now in 
power, have taken a wrong view of their duties, and 
preferred their own interests to those of the people, and 
as the latter are totally despised, it cares not for their 
will, whether expressed or not; anu for the truth of 
this, we appeal to what the Journal said not long since: 

“But about confidence in the people —how about that? 
Well, as was once said by a meek man of his religion, 
we have none of that to boast of! I” ■ 

“The people are just about as liable to err in their ag¬ 
gregate,^ in their individual capacity'.!' 1 ' 

“And why, pray, should we be required or expected 
to profess extraordinary and preter-natural confidence 
in the ‘ intelligence of the people,' in full view of the ma¬ 
ny errors and heresies which we see daily inculcated 
upon them by their leaders and teachers—for all which 
the said people cheerfully foot the bill?” 

“There arc those in our own country who sympa¬ 
thise with agitators abroad, and who, had they power, 
would not hesitate to involve us in the difficulties and 
commotion which are drenching other nations in blood. 
Such men, though they may be very good patriots in 
their way, would prove very unsafe counsellors and 
unprofitable guides.” „ 

^ Written for the New Constitution. 

My old Friend Medary:— I am here yet. But 
from an attack of the cholera and a protracted illness 
consequent upon it, I have not been able till now to an¬ 
swer the communications of your correspondents— 
Madison and Veto. And even now I think it almost 
useless to reply to arguments of the character contain¬ 
ed in them. But lest those champions should think 
they had vanquished and put me to silence, and some 
supe ficial readers should think so too, I shall make a 
few passing remarks particularly in reference to Madi¬ 
son — Veto being like one born out of due time has been 
anticipated in my last No.—besides they are twin broth¬ 
ers in doctrine—and the answer to one will apply to 
both. 

Madison says I “seem to have come half way over to 
his argument in reference to the right of the Judiciary 
to mystify or suspend the operation of Law.” I say 
no, never—all the sophistry of all the Lawyers, all the 
ex-Judges, acting Judges, or expectant Judges in Ohio 
can never bring me one inch over to embrace such 
doctrine—He then asks “suppose your two branches of 
the Government differ on a grave question of this kind, 
how then will you get a decision.” He then says “the 
framers of the constitution of the Unite d States, fore¬ 
saw this difficulty, and guarded against it,” and cites 
me to the 2nd section of the 3rd article of that instru¬ 
ment for proof. Now I would like to know what this 
part of the constitution of the U. S. has to do with the 
official acts of the Judges of the courts and Justices of 
the Peace in Ohio—lie then asks in seeming triumph, 
“is this a knock-him-down federal notion too?” Now 
what is the analogy between this quoted section and 
Madison’s doctrine which he seems to think unanswer¬ 
able. It amounts to just nothing at all and worse than 
nothing, yet it is the best that can be produced in favor 
of thedoctrine, upon the principles of logic. It only 
gives the Judges of the Courts of the U. S. power to 
act and decide in all cases where contending parties 
have causes pending in any court of law, or equity 
(Chancery.) It gives them the right to say what the 
law is, (but not what it ought to be) and they are sworn 
to decide according to that law—not to suspend its ope¬ 
ration or trample it under foot. 

A similar article is to be found in the 1st. sec. of the 
3rd article of the constitution of Ohio, viz : The Judi 
cial power of this state, both as to matters of law and 
equity, shall be vested in a Supreme court, courts of 
Common Pleas for each county, in Justicesof the 


Peace, &c; And in the 3rd sec. same article you will 
find the following : viz. The Presidents and Associate 
Judgeslu their respective counties shall have, common 
law and chancery jurisdiction in all such cases as shall 
be directed by law, &c., nothing said about their hav¬ 
ing a right to trample the law under foot. The 9th 
sec. of the 8th article which I quoted in my 2nd. arti¬ 
cle (but which neither Madison or Veto dare allude to) 
readsthus, “that no power of suspending laws shall be 
exercised unless by the Legislature,” and mind you 
the Judges and Esquires are all sworn to adhere to 
that. 

I must here make a passing remark or two to Mr. 
Veto. He says my “communication is principally di¬ 
rected against the power exercised by our supreme 
courts of deciding upon the constitutionality of laws 
passed by the Legislature. I say it is no such thing— 
my remarks proceeded from what I have seen done by 
the courts of Com. Pleas and Justices of the Peace. 
(Yet I have known as absurd decisions given by the 
Supreme Court as ever were enacted from any court,) 
and I contend they have just as good a right and the 
same authority co-extensive with their jurisdiction as 
the Judges of the Supreme court of Ohio, or the U. S. 
either have. 

Madison, Veto, and all who bold the same senti¬ 
ments seem to go upon the hypothesis, that converting 
a man from being a lawyer, a farmer, or any thing 
else, transubstantiates him—makes him a new crea¬ 
ture—perfect, infalliable—renovates and infuses new 
faculties into the soul, and that the Legislature is com¬ 
posed of a set of ignorant, corrupt, and unprincipled 
fellows—what absurdity ! I contend they are upon an 
equality in point of wisdom, practical knowledge and 
integrity—all liable to err—no perfection—hence the 
necessity of keeping each within his proper sphere— 
because neither has any more sense than is necessary 
for his own use—without undertaking to do the legiti¬ 
mate work of the other. 

I think Madison has not done himself much honor in 
his remark relative to the Indian case I alluded to, in 
condemning the conduct of the Legislature as having 
violated their oaths and the constitution and justifying 
the decision of the court—his argument seems to me 
to be a pitiful subterfuge—it is letting go the substance 
and grasping at the shadow to bolster up a doctriue that 
cannot be maintained by sound logic. He knows that 
clause of. the constitution had no reference to any de¬ 
cision in court only where there was property left to 
minor heirs which made it necessary to haveGuardians 
to take care of it for their benefit, and that the word 
Guardian in the law was only inserted for convenience 
and that it was just as proper as the term agent or any 
thing else-those who stick so tenaciously to technicali¬ 
ties, are not the men I would choose for Judges. 

I feel constrained (reluctantly) to give another de¬ 
cision of our infallible courts, which will serve as a 
sample for many similar ones. 

Some years ago, a man was arrainged and indicted 
in one of the courts of Ohio for stealing a silver 
watch. On the trial a wag of a lawyer sitting by (not 
employed) asked if the watch was in court, the owner 
answered in the affirmative—he was then put upon his 
voir doir —the lawyer asked for the watch—it was 
handed to him—he then turned to the prosecuting 
witness and said do you say upon your oath this is the 
watch we stole from j ou ? He answered it is—the 
Lawyer then commenced opening it—and held it up 
for the court to look at, and said may it please your 
honors we are here charged in the indictment with 
stealing a silver watch and we have proved this is the 
watch we did steal ; now I contend that which consti¬ 
tutes the watch is that which measures the time—those 
wheels measure the time, they are brass, &c., there is 








270 


THE NEW CONSTITUTION. 


no silver in them—I then ask your honors to quash tile 
indictment, it is vrong —the court put their heads to¬ 
gether and gravely consulted a few moments upon this 
awfully sol mn, all-absorbing subject, and complied with 
the lawyer’s very reasonable* nice, technical and legal 
request. He then turned to the fellow took him by the 

shoulder and said clear yourself you D-d rascal or 

they will take you again—And 1 tell you the way he 
handled his trotters was a caution. I wonder if Madi¬ 
son and Veto, had been on the bench, if the decision 
would not have been the same—I guess as the Yankees 
say, it would. 

I do not believe the new constitution could or ought 
to contain any thing to prevent such an occurrence- - 
nor that it should say specifically what rules a court 
ought to establish—how long litigants should' have to 
plead, answer or demur—that is the business of the law 
or lawmakers. But I contend that it ought to be so 
guarded as to make it an impeachable offence for 
Judges to trample upon the laws, and pervert justice as 
in the Indian case, and many others 1 have known. 

I only cite to these facts in order to show the absur¬ 
dity of the doctrine held by Madison, \ eto, and others, 
that courts have a right to do the business ol the Legis¬ 
lature (or rather undo it) and their own too. 

Veto says “I err grossly,” when I say “he desires to 
have our Judges licensed to set law aside and pervert 
justice for a term of seven years.” I said no such 
thing, nor meant r.o such thing—“and no sane man 
could draw such an inference from my language,” but 
I did mean, that the legitimate corrollarv to be drawn 
from his argument, would license the Judges to act so 
•—be his wishes what they might But my feeble state 
of health forbids me from pursuing the subject any 
farther at this time, if it were really necessary,which I 
think it is not. 

HOMO. 

Saturday Visiter. —We are gratified to place on our 
exchange list the Pittsburgh Saturday Visiter, edited by 
Mrs. Jane G. Swisshelm and Robert M. Riddle. The 
Visiter is a large and handsome paper, and w’hat is bet¬ 
ter, is one of the most racy and readable literary pa¬ 
pers of the day, and what is best of all, it is full of the 
hopeful, joyous, and buoyant spirit of the true re¬ 
former. 

Mrs. Swisshelm contends manfully, like a‘true wo¬ 
man, for the rights of her sex. For example, she re 
marks in a late number of the Visiter, with equal 
truth and justice: • 

“The rights and duties of one part of the human 
family can never, really, conflict with those of another; 
and men of enlarged faculties know, the best guaran¬ 
tee to their own rights is that feelingin the community 
which is jealous of the rights of all. Such men do 
not fear that they themselves shall become slaves the 
moment their mothers and wives are emancipated.”— 
Zanesville Platform. 


British Freedom of the Press. —In theory the press 
is free in Great Britain; in fact, it is liable to be sup¬ 
pressed as completely as in France, though in a differ¬ 
ent mode. The Government does not enter the office 
and break the presses and scatter the types of an ob¬ 
noxious journal; all it does is to refuse to register it or 
supply stamps, and it is as effectually quelled as in 
France or Austria. Here is a specimen: 

The Irish Stamp office authorities have, by direction 
of Government, refused to register the proposed new 
series of the Nation newspaper, or supply stamps for it. 
Therefore Mr. Duffy’s new project is knocked on the 
head.— Globe. 


From the Cincinnati Times. 

Admiration of Antiquity !—In Law, Church Doc¬ 
trine, Medicine, Mechanics, Science, Politics, &c. &c., 
the Conservative keeps Iris eye steadily Upon the past. 
He is no Columbus, to discover a new world—to pro¬ 
duce new relations and new results. The light of 
Genius, which illumines the present and the future as 
well as the past, in the mind of a Conservative, has a 
reflector which directs the rays in one direction only ; 
—its gleams in that ol a Progressive, shoot below, a- 
bove, and all around. One travels with a lantern 
which makes the road behind clear enough, but in 
front all is darkness;—the other has a lantern whose 
beams penetrate the future road. Dr. Bethune, in his 
late oration before a literary society of a New England 
College, hits this Conservatism about right. He says : 
“There is a fashion (lor fashion dresses the inside as 
well as the outside of the head) of tergiversant senti¬ 
mentality. a sombre affectation, which looks admiringiy 
and regretfully upon the middle centuries, as Lot’s 
wife would have looked upon the Dead Sea, had she 
survived until the next morning ; whining “like a sick 
girl” over the sturdy plainness, the prosaic directness, 
the Unpoetii al utilitarianism, of our modern republican 
ways ; sighing for the priestly pomps, the brilliant chiv¬ 
alry, the royal stateliness of feudal times, when port ly 
abbots locked up the rare Bible, but doled fragments of 
the monkish feasts to the ragged, kneeling, cruci-sign- 
ing rabble of pilgrims at the refectory gate ; or the let¬ 
terless vassal tilled the soil for his lord’s profit, fought 
in his lord’s quarrel, and held his life by his lord’s ca¬ 
price. 

“Shocked at the crowding of the vulgar many into 
the very penetralia of knowledge and social amenities, 
these resurrectionists of mortified deformity shud er at 
the screams of a locomotive as though it were a fiery 
dragon, while there is noSaintGeorge tomeet its fury; 
the hum of machinery threatens them with a moral 
earthquake ; and a primary school they regard as a 
nursery of precocious conspirators against prescribed 
faith and stagnant order. The evil spares nothing it 
can reach. The delicious, dreamy seat, to whose un¬ 
dulating excellence,Boston had the honor of giving in¬ 
vention and a name, is thrust aside for a high, straight- 
backed chair of torture, afier an Elizabethian pattern 
of old maidisk pruderv ; nor can we, approach our 
nightly resting place without danger of being knocked 
on the head by some Gothic hobgoblin. 

“Our fairest books and their delicate etchings are 
overlaid by facsimiles of illuminated parchments, on 
whose pages a clumsy-fingered cenobite has plastered 
rickety angels and epileptic martyrs, -in patches of 
coarse gold leaf, staringazure, and red lead. Nay, you 
may see our own poets^et forth with such barbaric em¬ 
bellishment, in .which they figure as appropriately as 
Piers Ploughman would in gaiter-boots, or Juliana 
Berners in a Jenny Lind. Head-men of parishes are 
ridden by architectural nightmare, until the*white, 
airy, clap-boarded meeting-house, where their fathers 
worshipped Godin the simple Man of Nazareth, gives 
place to a low-eaved, steep-rooofed, cold, damp, roftgh- 
stone barn, in which the preacher’s voice is lost among 
the groined rafters, and his people cannot see to read his 
text by the dim light that comes through painted, lan- 
ceolated windows, streaming a distorted rainbow over 
the congregation, making the wife w r onder why her 
husband looks so blue, while the good man fears she is 
seized with jaundice and the children with scarlet fe¬ 
ver ; yet after all, the grotesque pigmy no more re¬ 
sembles the grand pictuivsque of England’s old church¬ 
es, than a graveyard obelisk Cleopatra’s Needle.” 

1EF One of Bern’s Lieutenants is a } T oung Bostonian, 
who resided in his native city two years ago. 














THE NEW CONSTITUTION. 


271 


From the People’s Platform. 

The Sources of Wealth. 

The great mass of the people in every community 
are those who.labor with daily and incessant toil, not 
for the sake of hoarding up, but who are compelled to 
spend all they earn for the support of themselves and 
their families. They can make no provision for sick¬ 
ness or old age—much less find leisure for intellectual 
or moral improvement. To the few among this great 
mass of laborers who may chance to see these lines, we 
address a few brief remarks. 

You are doubtless aware, and if not, a little reflec¬ 
tion will impress the truth, that there are two great 
sources of wealth:—first, the raw materials which Na¬ 
ture, or rather the God of Nature has provided, inclu¬ 
ding the earth and its natural products; and secondly, 
tlie labor of man bestowed upon those raw materials.— 
These are the two great sources of human and an- 
im il subsistence, and of all that which we call capital 
or wealth. 

The first source of wealth, then, is the earth and its 
natural products. To whom do these belong? There 
can be but one answer given to this question, and that 
is, they belong to the human family in common, as the 
gift of a common Father, to be used, and only used, 
for the common good. On that principle should ap¬ 
propriations be made to individuals out of the common 
stock? To this question we can only reply—‘ On the 
principle as near as the human faculties can reach it, 
of universal and perfect Justice and Equality.” 

The second source of wealth is the labor of man up¬ 
on the earth and its natural products. This is, in fact 
the great proximate source of all material wealth, as it 
now exists, for without man’s labor, the earth and its 
natural products are,generally speaking, valueless, and 
in a great measure, useless. It is labor, then, that 
gives to all things their real and immediate value. 

Now who should enjoy the fruits of the laborer’s 
toil? The common sense of all mankind has but one 
and t'ne same answer all over the world, and it is, that 
the laborer himself should enjoy it, and that laws 
should be made to secure to him the just reward of his 
industry, and to punish the idle, the dissolute, the ava¬ 
ricious and unprincipled, who would rob him of his 
rights. 

If such were the case, and if as grave Divines and 
great men tell us, the distinction between rich and 
poor must all always continue, then those who labor 
would be rich, and all others would be poor, and pen¬ 
sioners upon their bounty. The slave and his master 
in the South, and the white laborer and the capitalist in 
the North, would change places, and the present order 
of things in regard to the ^stribution of the products 
of labor, would be wholly^^versed. 

And these results would follow:—The vast wealth 
which labor has created, and which is now appropriated 
and hoarded by one man or a few men in a company or 
corporation, would be distributed among hundreds, nay 
thousands of laborers, and make them all, not affluent, 
b»t comfortable and happy. 

Let Justice be done to the laborer, though the hea¬ 
vens fall, and the governments of earth crumble to 
pieces! 

“God speed the Right.” 


The U. S. Consul at Rome. —The Italians, at their 
meeting in New York on Saturday night, gave three 
cheers for Mr. Brown, the American Consul in Rome, 
for his noble conduct in offering shelter to Avezzana 
under his own roof, in spite of the threatening of Ou- 
dinot. 


From the Urbana Expositor. 

Eledii n of Judges. 

A few weeks ago w’e gave an outline of the present 
mode of electing Judges, and of the partizan influen¬ 
ces that are brought to bear on such elections. We 
desire now to resume the subject, because of its impor¬ 
tance, and because the people will decide by vote at 
the October election, whether a convention shall or 
shall not be called to re-model the Constitution; and if 
decided in the affirmative, this subject wiil come before 
the convention for their action. The discussion of this 
subject is therefore of special importance at this time. 

If the facts stated in our lormer article are true, no 
one will deny that the present mode of election is de¬ 
fective. Defective, because it is always attended with 
party manceuvering, because it very often results in 
the election of men not fitted for the bench, and be¬ 
cause it calls off the attention of the Legislature lrom 
the business upon which they aie mainly designed to 
act. If it were made the exclusive business of the Le¬ 
gislature to legislate in the true sense of tlie word—to 
make laws for the common good of the people ol our 
State, we think another method of filling tlie judiciary 
might be adopted, which would result in the election of 
belter Judges, and remove a great evil from the halls 
of the Legislature. That method would be, their elec¬ 
tion by the people. And here we would premise that 
we know a very few offices in any department of *our 
State government, that might not be better filled by the 
people than by any other authority. And one ot the 
highest advanta b es of ejecting by the people, is, that it 
takes political patronage from where it is most likely 
to be corrupt, and places it where it ought to be in a 
democratic government, in the hands ot the people. 
The disposition to favoritism in Executive and Legisla¬ 
tive appointments, result in filling the offices with men 
devoted to their party, because such devotion subserves 
their interest; thus making the divisions of parties the 
instruments of their success. Let the offices be filled 
as far as practicable by general election, and such fa¬ 
ro) itism is impossible. But we shall confine our re¬ 
marks to the election of Judges. 

The first apprehension that occurs to the mind, when 
the election ot Judges by the popular vote is proposed, 
is, that the “selection would be determined by party 
spirit and prejudices, and that the J udges would carry 
their prejuuices with them on the bench.” But this 
objection is surely met by the fact that sucli is tiiecase 
under the present system of election—that no man is 
elected holding political views opposite to those of the 
majority of the Legislature, and that where this system 
has been tried, partizan prejudices have not exerted a 
great influence on the bench. It is enough to know 
ttiat in this respect it cannot become worse—that par¬ 
tizan prejudices cannot be brought to bear to a higher 
degree than they now do. But we believe on the con¬ 
trary that much less regard would be had to the politic¬ 
al views of the candidate, under the system of popular 
election, than under the present system. 

We are not without example as to the workings of 
the popular mode of election. It has been in opera¬ 
tion in Mississippi about seventeen years, ar.d it has 
been approved by the ablest legal talent of that Stare. 
Yet the same apprehensions were indulged in Missis¬ 
sippi, as to the danger of partizan influences, as now 
are by some of our people. But those apprehensions 
have been demonstrated to be groundless, and demon¬ 
strated by the practical workings of the system. 

Judge Quitman, of that State, a lawyer of distin¬ 
guished abilities, in a letter to a friend uses the follow¬ 
ing language: 

“At the time of the adoption of the revised Constitu 
tion of Mississippi, in lb32, 1 was, with a majority of 







27 2 


THE NEW CONSTITUTION. 


the bar of that State, opposed to the system of electing 
the Judges by the direct votes of the people. We re¬ 
garded it as a new and hazardous experiment, beautiful 
in theory but dangerous in practice. Many of us did 
not doubt the capacity and intelligence of the people to 
make the best selections, but we feared that popular 
excitements would find their way upon the bench, that 
party spirit and political prejudices would generally 
determine the selections, and that the Judges would 
carry these prejudices with them upon the bench, and 
a train of other evils. These and other objections 
were urged in the Mississippi Convention, with great 
ability. The system was however adopted, and of 
course its operation has been watched with deep inter¬ 
est and severe criticism. The experience and observa¬ 
tion of nearly 13 years, have convinced me and many 
others who opposed the experiment, that our appre¬ 
hensions were not well founded. So far, the system 
has worked well in our State. Our judicial stations 
have been filled with as much, if not more ability, learn¬ 
ing and weight than formerly. So far the people of 
our State have appeared to perform this delicate duty 
with as much intelligence and discernment, and I con¬ 
ceive, with more integrity of purpose than any other 
appointing power. We have seen the electors of dis¬ 
tricts, in the midst of political party excitement, elect 
Judges differing from them on political questions; and 
I believe no instance has yet occurred, of the election 
of a Judge in our State upon merely party questions. 
Upon the whole, after a careful observation of the op¬ 
eration of our system, f give it as my decided opinion, 
that the experiment of electing Judges by the direct 
votes of the people, has proved eminently successful in 
our State.” 

These remarks of Judge Quitman should have much 
weight. Theories prove themselves good or bad by be¬ 
ing reduced to practice. And if this system “has 
worked well” during the highest political excitement— 
if it has passed through such an ordeal and is yet ap¬ 
proved, what argument do you want in its favor. Ex¬ 
periment and facts supercede argument. So far from 
party excitements finding their way upon the bench, 
this system has driven them away, and Judges are elec¬ 
ted in the midst of the rage of politics, without refer¬ 
ence to political questions. 

We confess that this is stronger evidence than we 
expected to find when we commenced the particular 
investigation of this subject, but if it is true in Missis¬ 
sippi, we see no reason why the sanie happy results 
may not be experienced in Ohio. Surely the people of 
Ohio are not more hot blooded than those of Missis¬ 
sippi. 

The opinion of Judge Quitman should, have still 
greater weight, when it is remembered that he was a 
member of the Convention of Mississippi that adopted 
the Revised Constitutidn in 1832, and that he was the 
leader of the opposition to this principle. But with all 
the partialities for the old system which its defence 
would engender, and with all the prejudices which an 
opposition to the elective system would produce, he is 
constrained to bear testimony in favor of the latter, and 
to give his “decided opinion that the experiment of 
electing Judges by the direct votes of the people has 
proved eminently successful.” We close with an ex¬ 
tract from a letter of Mr. Jefferson to Mr. Kerchival, 
in 1816: 

“It has been thought that the people are not compe¬ 
tent electors of Judges learned in the lain. But I do not 
know that this is true, and if doubtful we should fol¬ 
low principle. In this, as in many other elections, 
they would be guided by reputations, which would not 
err oftener, perhaps, than the present mode of appoint¬ 
ment. In one State of the Union, at least, it has been 
long tried, and with the most satisfactory success. The 


Judges of Connecticut have been chosen by the people 
J every six months for nearly two centuries, and I believe 
I there has hardly ever been an instance of change; so 
powerful is the curb of incessant responsibility.” 


Further from the Search for Sjr John Frank¬ 
lin. —Sir George Simpson returned on Monday last, 
j from his annual tour of inspection through the Hud- 
| son’s Bay Territories and North Western settlements 
of this continent. We learn with regret from him, 
that no clue had been obtained to the whereabouts, or 
the fate of Sir John Franklin and his gallant compan¬ 
ions. Sir John Richardson, indeed, is on his way back 
from the frozen regions, and may be expected in Mon¬ 
treal early in September. His exploring party will, 
however, continue their search under the orders of Dr. 
Ree, of the Hudson’s Bay Company, Sir John’s second 
in command, throughout the summer. Although it 
would be almost criminal to abandon hope in such an 
enterprise, it is impossible to conceal from oneself the 
unwelcome truth, that the chances to a successful issue 
become fearfully diminished by the lapse of time.’— 
Montreal Courier , August 16. 


O* He who sedulously listens, pointedly asks, calm¬ 
ly speaks, cooly answers, and ceases when he has no 
more to say to the point, is the fittest for business, and 
is sure to succeed. 


Correction, Uxplanalion, &c. 

We find the following in the People’s Platform, an 
ably edited free soil journal printed at Zanesville: 

What Editors Want —Is credit for original articles 
and especially, original editorials. The “New Consti¬ 
tution” credits our article “What the People want,” to 
the Toledo Republican. 

■By the way, the “New Constitution” which has 
been good from the beginning, becomes better as it 
grows older, and is one of the best periodicals, if not 
ti»e very best, published in the State, for political in¬ 
formation and instruction. It is of a reform, but not of 
a partisan character .—Zanesville Platform. 

Our recollection as to the proper^ credit, due to the 
Platform, being marked on the article, was so great that 
we were surprised to find a wrong one given. It was 
wricten with a pen, and it appears that the paper blot¬ 
ted so as to render it unintelligible to the person who 
put the article in type. The type of the Platform be¬ 
ing so much like that of the Toledo Republican, that 
the latter paper was credited, and the compositor being 
so confident \hat he was right, never mentioned the 
matter. We have so often had articles, which cost us 
much labor, credited to other papers, or stolen bpdily, 
that we are careful in always giving the proper credit- 
Mistakes will sometimes happen, however, in spite of 
all caution. 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

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THE 



“POWER is always stealing from the many to the few.” 


Columbus, Ohio, Saturday, September 1, 1849. No. 18 


Vol. I. 


Postage. —The postage on this work is the same a 
n a newspaper. __ 

(CPBack No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 

“The New Race of Americans.’’ 

Under this head in another column will be found an 
article from the Ladies’ Repository of 1847, an able lit¬ 
erary magazine, published at'Cincinnati, under the 
patronage of the Methodist Episcopal Church, to which 
we invite the attention of the reader. Let no one be 
deterred by its length from its perusal. It traces the race 
which gave this continent to freedom,from the family of 
Japhet to the present time, and points out their pecu¬ 
liar characteristics—their courage, endurance and intel¬ 
lect, with a master pen. Had the writer waited until 
the close of the Mexican war, the brilliant deeds and 
stem patriotism of the Anglo-American race, who car- 
ried the stars and stripes of American freedom and 
planted them in triumph on the halls of Montezuma, 
the capital of the enemy, at the same time protecting 
the property and people of the foe, from the rapacity 
Of their own guerrilla countrymen, another, and a still 
brighter page might have been added. 

Tne editor of the Western Christian Advocate, in 
copying the article from the Repository, says, that 
“every American must be benefitted, as well as inter¬ 
ested, by its perusal, and while we contemplate our 
noble origin and high destiny, let us be careful, as a 
people, that we do not dishonor the one, or fail to reach 
the other.” 

It is to this Anglo-American race, that we wish to 
give a new Constitution—one in accordance with the 
spirit of freedom and of progress, which marks and 
distinguishes the present era. They are worthy of en¬ 
larged liberty—with the people of Ohio, freedom is not 
incompatible with good government. Besides this, 
freedom is their birth-right—it is secured to them in 
the greatcharter of their liberties, and they who would 
seek to deprive the Anglo-American race of their^ 
right to elect their own officers, and to enjoy the othe 
rights rightfully appertaining to the people under our 
form of government, is attempting to deprive the no¬ 
blest race of men that ever inhabited the earth,of “their 
natural, inherent and unalienable rights.” To such 
wrongs that race are not in the habit of submitting 
with patience, and those who attempt to stay the car of 
progress, will reap a reward in the indignant frowns of 
a free people. 


The New Code of Virginia—Abolition of im¬ 
prisonment for Debt, and Docket Bail. 

The Virginia Legislature, at its late session, was en¬ 
gaged in a revision of the entire code of laws in that 
ancient commonwealth. The Charlottesville Advocate 
notices the following changes made in the laws for the 
collection of debts: 

1. The 5th section of chapter 167 provides (in sub¬ 
stance) that any person entitled to recover money by 
action on any contract, may, after 60 days’ notice, ob¬ 
tain judgment for the same by motion in any court of 
the county in which the debtor resides. 

The provision dispenses with the writ, (if the plain¬ 
tiff prefer to proceed by motion rather than by an or¬ 
dinary suit,) and of course saves the cost of the writ 
tax, and fee to the sheriff for executing the writ. If 
no defence be made, judgment will be obtained on the 
day to which the notice is given; but if there be a de¬ 
fence it may be heard and decided in a summary way 
by the court, or if either party desires it, a jury may 
be impanneled to try the issue joined. 

2. The new code dispenses with bail in civil cases. 
If the plaintiff, either upon the institution of his suit 
or at any time before judgment, will make affidavit that 
he has good cause to believe that his debtor will remove 
his effects beyond the jurisdictioa of the court before 
judgment can be obtainad—he may sue out an attach¬ 
ment against the debtor’s property, commanding the 
sheriff to seize and secure the same until needed to sat¬ 
isfy the judgment or replevied by bond with security, 
to have it forthcoming to answer that eud. 

The abolition of bail, has of course rendered neces¬ 
sary a change in the form of the writ. It is no longer 
a capias, commanding the officer to take the body; but a 
simple summons to'answer the plantiff’s cause of ac¬ 
tion . 

3. Imprisonment for debt is abolished by the new 
code, and in lieu of the ca ea, various provisions have 
been adopted, designated to obtain from the debtor a 
discovery of all his property, and the delivery and con¬ 
veyance thereof to the sheriff To this end, the debtor 
may be summoned to appear before the Commissioner 
in Chancery, and required to answer on oath, the in¬ 
terrogatories of the creditor. If he fails to appear or 
refuses to answer, the Commissioner is to report him to 
court, and if he still fails to appearand answer, he may 
be proceeded against as fora contempt. And having 
made konwn his estate, if he refuses to convey or de¬ 
liver it up, he may be committed to jail by order of 
court. 

4. A judgment lien under the new law, well extend 
to the whole of the debtor’s land instead of to half only 
as at present. The creditor may extend the land upon 
a writ of elegit, or he may file his bill in a court of equi¬ 
ty, and have the land sold, if the rents and profits will 
not pay the debt in five years. 

The new code will not go into effect until the 1st of 
July next. It will be published about the 1st of Janu¬ 
ary next. 



















271 


THE NEW CONSTITUTION. 


The Objections to a new Constitution. 

The Ohio State Journal of Saturday, devotes its lead¬ 
er to an argument against any change of the State Con¬ 
stitution, and winding up with the announcement, that 
the vote of its editor will becast against any change." 

In its argument, against a new Constitution, the 
Journal says: 

“-when the Constitution had been IS years in 

existence, striking as well its authors as strangers with 
astonishment at the success of its operations, there 
were not found wanting those who thought it so poor 
an affair as to be wholly unworthy of preservation, and 
who panted for the opportunity of improving the work 
of thoir fathers, not only in their homely views of social 
and public economy, but great progress had been made 
meanwhile, in the cultivation of acquaintance with ety¬ 
mology, syntax and prosody, to which their fathers 
maJo small pretensions. So that in the year 1819, the 
question was submitted to the people, precisely as it is 
presented at the present time.” 

The State Constitution was adopted by the Conven¬ 
tion on the 29th of November, 1802, and yet the Edi¬ 
tor says “that in the year 1819” “when the Constitu¬ 
tion had been eighteen years in existence” the attempt 
was made to change it. He is bad at figures and worse 
at facts. The first effort to change the Constitution, of 
which history gives any account, was made in .Dec. 
1817, not by those “who panted for the opportunity of 
improving the work of their fathers,” but by those who 
participated in its formation And who was it that thus 
set the ball in motion? 'The documents say it was 
Thomas Worthington. And who was this Thomas 
Worthington? History settles that question by inform¬ 
ing us that at that time he was Governor of Ohio, and 
it also gives him more credit than that given to any oth¬ 
er man, for the successful effort to form aState Consti¬ 
tution. As a member of the Convention which framed 
the present Constitution of the State, he was a leading 
spirit, and exercised an influence probably greater than 
that of any other man. Yet so clearly had the Con¬ 
stitution shown itself not adapted to the wants and 
wishes of a heavy population, that on December 2,1817, 
Gov. Worthington, in his annual message, thus broke 
ground for its change: 

“The constitution of the State has been in operation 
for fifteen years; and most of its general provisions in 
favor of equal rights, and for the perpetuation of a free 
government, are such as we, and those who come after 
us, I sincerely hope, will always support. When it 
was adopted, our population did not exceed eighty thou¬ 
sand, and there were only nine counties. The increase 
of the population since, to at least half a million, and 
the counties to forty-eight, have exceeded all calcula¬ 
tion; and experience has clearly proved that some of its 
provisions, though well calculated for a population less 
numerous, have become burdensome, and indeed, can¬ 
not be executed, in consequence of our great increase 
of population. Neither can it be disguised from even 
a common observer that to support the State govern¬ 
ment is so expensive for the want of a change of some 
of the provisions of the constitution, as to make it 
necessary to continue a rate of taxation which is not 
only becoming burdensome to us all, but prevents the 
representatives of the people from possessing the means 


of making internal improvements and adopting other 
regulations for the common benefit of the State. 

“Believing, as I do, that with the extension of juris-' 
diction and increase of population which wilt shortly 
take place, some of the most valuable provisions of the 
constitution cannot bo executed, and that by a change 
of others, a saving of near one-half of the present ex¬ 
penses may be made, the government be better admin¬ 
istered for the general benefit of the good people of the 
State, and that the present is the most favorable time 
for making these changes, I should not discharge the 
solemn convictions of duty which I feel, if I did not 
recommend to your consideration the propriety of ta¬ 
king the necessary steps authorized by the constitution, 
to enable our fellow citizens to decide whether in their 
opinion any alterations in our constitution are neces¬ 
sary.” 

The Journal will see by the above, that it entirely 
mistakes the facts when it charges that the effort to 
change the Constitution in 1819, the resolutions for 
which were voted for by such men as Judge Campbell, 
Judge Irwin, Charles Hammond, Ex-Governor Trim¬ 
ble, and others, was from the mere love of change 
—of doing away with the work of the fathers of the 
State, but was proposed by the fathers themselves, from 
a well founded belief that with additional experience, 
the work could be bettered. If unfit in 1819 to govern 
a population of half a million, how much more unfit in 
1849, when the population of the State has swelled to 
over two millions. 

Again the Journal says: 

“The principal argument adduced at that time in fa¬ 
vor of a change, was the arrangement with reference 
to the Supreme Court. It was alledged to be morally 
impossible for that tribunal to discharge the duties de¬ 
volved upon it. The people reversed that opinion.— 
The “Court in Bank” was devised and put in opera¬ 
tion, by means of which the law is better established, 
audits administration is rendered far more certain aud 
uniform than f ormerly—thus demonstrating the supe¬ 
rior wisdom of the people on that occasion. We have 
the authority of a J udge of the Supreme Court for say¬ 
ing that under the judicious improvements introduced 
by mere ordinary legislation, the former causes of com¬ 
plaint are entirely remedied, and that ample time is 
found by the members of that Court for the discharge 
of their official duties.” 

The Court-in-Bank was devised and “put in opera¬ 
tion some twelve or fifteen years after the time stated, 
andso far from curing the evils of the present Judiciary 
system,in 1841,Gen.Hamer, an ableLawyer, gave as his 
deliberate opinion that the system,after theCourtinBank 
had been fairly tried, “amounted almost to a total de¬ 
nial of justice,” and this opinion was concurred in by 
an able whig Lawyer of Dayton, in a series of articles 
published in 1841, in the Ohio Slato Journal. That 
any Judge of the Supreme Court made any such asser¬ 
tion as that attributed to him by the Journal, that print 
will excuse us for not believing, until the name is giv¬ 
en, for the assertion is so grossly untrue, that no man 
honored with a seat on the Supreme Bench, would dare 
hazard his reputation in making it 

But the Journal seeks to make its readers believe tha 
the Judiciary system of the State is the only evil to be 
J remedied in the new Constitution. Such is far from 








THE NEW CONSTITUTION. 


275 


being the fact. The election of all State officers, in¬ 
cluding that of Judges and of county Clerks, by the 
people—the prevention of an increase of the State debts 
by the Legislature, except a vote of the people sanc¬ 
tioning the act be first had, are questions of far more 
importance than that of a change of the Judicial sys¬ 
tem of the State, much as the latter is needed. These 
questions, and tlie others involved, the Journal skulks 
—it dare not discuss them. 


The Commercial Marine of the IT. States. 

The following astonishing statistics are from the re¬ 
port of the Secretary of the Treasury, of the commer¬ 
cial navigation of the United Slates for the last fiscal 
year. 

The extraordinary commercial progress of our coun¬ 
try is shown in the following table of the sum total of 
our tonnage, with the increase per cent, for four deci 
rnal periods : 


1818. 

1828. 

.1,225,284 

.1,741,391 

tons. - 

“ 42 per ct. 

1838. 

.1,995,639 

“15 « 

1848. 

..3,154,051 

“ 56 “ 


In thirty years the tonnage of the United States has 
increased 150per cent, upon whatit was in 1818. 

The first six States, in point of Ship-building, are 
presented in their order, as follows : 

Maine.89,974 tons. 

New York.68,434 “ 

Massachusetts. 39,366 “ 

Pennsylvania.29,638 “ 

Maryland.. 17,480 “ 

Ohio. 13,656 “ 

The following facts appear from the report : 

One-third of the ship-building of Pennsylvania is in 
the west—8,000 tons of New York ship-building is on 
the lakes. 

The State of Ohio, an entirely inland State, is the 
sixth in point of ship-building. 

The State of Ohio builds as much tonnage in vessels 
as all the States and ports from Chesapeake Bay to the 
Rio Grande. 

Ohio builds double as much as Virginia, North Caro¬ 
lina, South Carolina, and Florida. 

The following is a view of the American tonnage of 
the lakes, as entered in the different marine districts: 

Lake Champlain.4,745 tons. 

Lake Ontario.33,800 “ 

Lake Erie.115,960 “ 

Lake Michigan.10,483 “ 


Total 


164,997 

rivers, (exclusive of 


The tonnage of the ' western 
New Orleans,) is : 

Pittsburg.30,970 

Wheeling.2,660 

Cincinnati.21,350 

Louisville.8,822 

St- Louis. 36,512 

Nashville.2,445 

Vicksburg.588 


tons. 


Total ^ 108,127 

The river tonnage entered at New Orleans is almost 
equal to the whole of the above, making a total of 
almost 200,000 tons of ship tonnage on the western 


rivers. 


Written for the New Constitution. 
The secret effort to defeat the call for a Con¬ 
vention. 

Mr. Editor: You were right, sir, in warning the 
people that a secret and determined effort is now ma¬ 
king to defeat the new Constitution for Ohio. Those 
engaged in this, are old politicians, too old to learn, and 
too long engaged in petty intrigues for office to be hon¬ 
est. 

They fear to meet the question fairly and discuss it 
on its merits, for then they would stand uo chauce— 
the argument being like the handle of a jug, all on one 
side, and that side opposite to them. They profess to 
believe the present Constitution needs change in some 
few particulars, but some of them are, or pretend to be, 
dreadfully alarmed for fear negroes would have the 
right of voting conferred upon them, and thus be good 
as whilefolks! This argument is directed to those who 
opposed the repeal of the black laws. To the free- 
soilers, or liberty men, or by whatever name you choose 
to call them, these same secret opponents of the new 
Constitution tell the same tale about the present Con¬ 
stitution having provisions which needs alteration, but 
they are afraid—not that the negro may be allowed to 
vote—but that he may be made a slave —that slavery 
will be fastened on the state by a new Constitution! 

To the miser, in like manner they preach up the 
great cost of the Convention—to the conservative, the 
great danger of changes; and thus do they sing their 
song to suit each particular fancy. 

Now these men cannot be ignorant of the fact, that 
the new Constitution, when framed, must be submitted 
to the people for acceptance or rejection—that no man 
in his sober senses would dare propose the introduction 
of slavery in Ohio, even if the Convention had the 
power to do it, and that, on t»:e other hand, the idea of 
negro suffrage, is the verriest of all humbugs. 

As for the cost of the Convention, as you well ob¬ 
serve, it would be saved to the people by a reduction of 
the length of a single session of the Legislature. 

If these men, of whom I speak, and the secret op¬ 
ponents of a new Constitution would only show their 
hand and avow their opposition, I would not complain, 
but while they are doing all they can to defeat this 
great measure, which by many, and myself among the 
number, is believed to be the great measure of tlie day, 
whose importance swallows up all others now agitated, 
they pretend to be its friends, and by their hypocritical 
professions, may mislead honest men. 

With a new Constitution, with well defined powers, 
such as could be drafted and passed in a two weeks ses¬ 
sion, the government of the state of Ohio, would cost 
one third or one half less than at present, and the eter¬ 
nal scrambling for office, which now disgraces the Le¬ 
gislative halls, by taking the power of electing state 
officers, judges &c. from the Legislature and giving it 
to the people, where that power rightfully belongs, 
will be heard of no more. 

For one I am enlisted for the war, and deeming a 
new Constitution absolutely necessary for the wants 
of the State and the protection of the people, I trust 
the friends of Constitutional Reform will fight on and 
fight ever, until they finally triumph over all opposi¬ 
tion secret as well as open. In the front rank, while 
I have a voice to argue, or hand to write, they will 
find, 

Your humble servant, 

FRANKLIN. 


Hr Buhver, in one of his philosophical dissertations, 
says, “Society has erected the gallows at the end of the 
lane, instead of guide posts and direction hoards at the 
beginning.” 






































THE NEW CONSTITUTION. 


27 G 


From the Boston Post. 

EUROPE—THE DEBATES OX HUNGARY 
IN ENGLAND—ON TIIE PRESS IN 
FRANCE—THE FATE OF ITALY. 

The condition of Europe is sorrowful enough to the 
friends of liberty. A single fact speaks volumes; five 
of its capitals are under military law, viz.: Paris, 
Vienna, Berlin, Rome and Naples. It is but a short 
time ago, since, in all of them, the flag oi freedom 
seemed to be waving in triumph. The hearty zest 
with which the legitimatists welcome the return of 
their “law and order” is significant of the change that 
lias come over the face of things. We leave the move¬ 
ments of armies to note recent remarkable expressions 
of opinions in England, France and Italy. 

The Hungarian question has elicited an extraordi¬ 
nary debate in the British House of Commons. It 
arose on a motion, by Mr. Osborne, that the govern¬ 
ment lay before the parliament certain papers on this 
subject. His speech was clear on the history, and de¬ 
cided on the character of this war. It was nothing less 
than a struggle for nationality on one side, and a strug¬ 
gle for incorporation on the other. Hungary, for 800 
years, had been a free and independent nation, and he 
hoped it would continue to be. But Mr. Osborne went 
further than this: he characterised this great struggle 
as a part of that which was going on between the two 
principles of despotism and constitutional govern¬ 
ment, and he warmly eulogised Kossuth as being the 
Washington of his country. Austria met with no fa¬ 
vor at his hands. It is refreshing to see the manner in 
which the atrocities of this “ancient ally” of England 
were shown up. The barbarities in Gallicia, the sav¬ 
age orders of Paskiewistch, that every Hungarian wear¬ 
ing national colors should be whipped, the burning of 
villages, the flogging of women, the savagism of Hay- 
nau were all duly pilloried. Mr. Milnes followed in the 
same strain, and descanted on the danger there was 
that Austrian independence even would be submerged 
by the waters of Russian absolutism. He regar¬ 
ded the struggle on the part of Hungary, with¬ 
out assistance, as hopeless — so enormous were 
the Russian armies — and if subdued, Hungary 
would be little better than a Russian province.— 
He believed there was no other permanent foundation 
for the peace and order of Europe but the establish¬ 
ment of the principles of constitutional liberty. Mr. 
E.oebuck followed in one of hi3 clear, manly, liberty- 
toned speeches, endeavoring to make out a case that 
would justify England in interposing to stop the Cos¬ 
sack wave that was breaking over Europe. It was the 
direct interest of England to stop this power. If Rus¬ 
sia crushed Austria and Hungary, what, was there to 
keep her from the Turkish Constantinople, or from the 
British Indian empire? England had intermeddled in 
Belgium and Greece, why should she not let her pow¬ 
er be felt in Hungary? 

Colonel Thompson followed, and contended that 
Russia had no right to interfere in the affairs of Hun¬ 
gary. What would have become of British freedom, 
had she, or some other power, in like manner, took 
sides when the British struggle for constitutional liber 
tv took place. After a few words from Mr McGregor 
against Russian interference, Lord C. flamiiton took 
the floor, and delivered himself of a regular legitima- 
tist tirade. According to him, the idea that the Hun¬ 
garians are fighting for their nationality is a humbug, 
Kossuth is infamous, and the government that had 
been set up, is full of the grossest “tyranny towards 
the lower orders.” If this sprig of nobility can be 
believed, the Hungarians are in love with real old feu¬ 
dalism, and are actually fighting for the right to replant 
this curse in their soil; while liberal, paternal Austria, 


forsooth, is laboring to keep them from this tyranny! 
Lord Palmerston followed in a concise, and certainly a 
strong speech, worth a good deal for what it says, and 
worth a good deal more for what it does not say. Ab¬ 
stracts or extracts would do this speech injustice. Th; t 
it gives throughout, the cold shoulder to Austria is 
seen in the very front sentence, where he expresses a 
wish to guard himself against the imputation of being 
unfriendly to its government and empire. It is, how¬ 
ever, an icy, calculating, English-whig speech. It 
could not be expected that Palmerston, like Roebuck 
or Cobden, would love the cause that Hungary is fight¬ 
ing for, so far as it is the cause of republicanism. He 
looks exclusively to the advantage Austria has been 
and is to England—the necessity that exists that it 
should continue a first rate power in order that the po¬ 
litical balance of Europe may be maintained; and he 
chides Austria for being so short-sighted as to cripple 
herself by laying waste Hungary. He regards the 
liberties of EuRorE —i. e. the monarchial systems of 
Europe— as bound up in the prosperity of Austria; 
and the fate of Austria as linked with the weal or woe 
of Hungary. Now nothing is clearer than that Hun¬ 
gary is as good as lost to Austria, and that its fighting 
strength can never be enlisted on the side of absolutism. 
A glorious fact this. The fact, if Palmerston’s idea 
of the consideration of Austria be right, of this age. 
Every field laid waste, says this orator, is an Austrian 
recourse destroyed—every Hungarian that perishes, or 
is disaffected, is an Austrian soldier deducted from the 
forces of the Austrian empire. Ho hence urges con¬ 
cession and peace on this “ancient ally,” and he im¬ 
plores her not to add a larger Poland to her empire.— 
But, strange enough, there is not a single rebuke of 
Russia—not even a soft impeachment of her course. 

Such is tile purport of this great debate. It is cheer¬ 
ing to the friends of freedom. Though their cause 
looks gloomy, black, on the fields of battle, it is still 
onward in the fields of debate. Ideas cannot be crushed 
by the bayonet. They are mightier than armies, and 
in the end will present a redeemed Europe. 

The London Tavetn debate on Hungary was also a 
capital affair. It was called to express sympathy for 
the noble, betrayed Hungarians. Alderman Solomons 
was in the chair, and one of his first remarks was to 
administer a scathing rebuke to the Times for the scaly 
manner in whicti it had treated this question. The al¬ 
derman was right. This journal has contained little 
besides apology for the atrocity of Austria, little be¬ 
sides misrepresentation of the cause of Hungary.— 
Mr. Alexander, the next speaker followed him. The 
Times in this matter, said lie, amid , long cheering, had 
become the sworn ally of despotism. Having done 
with the Times, he passed to little Lordtlohn Russell, 
and gave him a rebuke for his conduct. Cobden then 
came forward and made a long and able speech. He 
spoke strongly, clearly, as usual. He made the follow¬ 
ing remark:— 

“If I have one principle more than another firmly 
inplanted in my mind, and which I think it is for 
the interest of this country and of all other coun¬ 
tries to recognize, it is that separate and independent 
countries should be allowed to regulate their own affairs 
in the way that seems best to them, without the inter¬ 
ference of any other foreign power whatever. (Cheers.) 

I make no exception to this rule. I include in it the 
right of the Romans (enthusiastic cheers, and a ‘cheer 
for Mazzini,’ which was heartily responded to.) I in¬ 
clude within the benefit of that principle the poorest, 
the humblest, the most degraded community; for it is 
no answer to my principle to tell me that certain coun¬ 
tries are not in a condition to govern themselves prop¬ 
erly. The fact that a country is unable to govern 









THE NEW CONSTITUTION. 


itself properly is no reasou why you should go and 
govern it according to your own notions of what is 
proper.” 

He then in withering terms denounced the inter¬ 
ference of Russia. “It was an armed intervention as 
unjust, as iniquitous, and as infamous as ever was per¬ 
petrated;” and he came out flat-footed in favor of send¬ 
ing Englishmen to assist Hungary! He portrayed 
Russians poor, weak, beggarly, despotic and insulting, 
and affirmed that it could not pay its troops without 
getting a loan abroad, or robbing the St. Petersburgh 
Bank at home. After a long exhibit of its “resources’, 
he said:— 

“Don’t let any one talk of Russian resources. It is 
the poorest and most beggarly country in Europe. It 
has not a farthing. Last year there was an immense 
deficit in its income as compared with its expenditures, 
and during the present financial year it will be far 
worse. Russia a strong political power ! Why, there 
is not so gigantic a political imposture in all Europe. 
(Loud cheers and laughter.) They talk sometimes as 
if England and Englishmen were afraid of Russia.— 
Now, I wish to disabuse all minds respecting my views 
on this subject. I do not come here to oppose the Rus¬ 
sian advance into Hungary because I think that in any 
conceivable turn of events Russia ever can be danger¬ 
ous to the existence of interests of England. If Rus¬ 
sia should take a step that required England or any 
othergreat maratime power, like the United States, to 
attack that power, why we should fall like a thunder¬ 
bolt upon her. (Cheers.) You could in six months 
crumple that empire up, or drive it into its own dreary j 
fastnesses, as I now crumple up that piece of paper in 
my hand. (Tremendous cheering.) Russia a pow¬ 
erful country ! I will tell you what she has. She has 
an army on paper without a commissariat, a navy with¬ 
out sailors, and a military chest without a farthing in 
it. (Great cheering.)” 

Other speeches were also made, all equally severe.— 
When the name of Kossuth was pronounced thewhole 
meeting rose and burst forth into a loud cheer. 

France is in a miserable way. Shame that it should 
be so. The presence of freedom is an offence in the 
nostrils of her rulers. They strike down free speech, 
a free press, the freedom of public meeting, and even 
the freedom of hospitality. Think of it—the land of 
Lafayette cannot even endure the countrymen of Kos¬ 
ciusko, and it is busy hunting them out of its borders ! 
Scores of brave Poles living in Paris have been ordered 
to quit it in so many hours. No matter what their 
condition of business or of family, oft they must go ! 
What sort of a government is that which is afraid of 
sixty men ? It may be called a republic—it. is in real¬ 
ity an absolutism. It may be defended as a necessity 
—it is a crime. Meantime, even the form is so disa¬ 
greeable to the old regime, albeit they have the substance 
that they are eternally sighing for the old flesh-pots, 
and are continually feeling of the public pulse, to see 
if they cannot bring restoration. One paper, La Pres- 
se, having asked, “Of what use is loyalty ?” the Ga¬ 
zette of France (legitimatist) replied, “Its use was to 
have a government of 1400 years duration.” To this 
the Presse replies in a spirited article, contending that 
no government but a republic is possible, as this is the 
reigning idea of its people. In a recent debate on the 
press in the French chamber, there has been a spark or 
two of the old fire of the flint. M. Matthieu let ofl 
some democratic ideas on this subject. The bill violat¬ 
ed the most sacred rights : it consecrated impiety 
against man and God. He protested against the pre¬ 
text assigned by the ministry to justify their tyranny— ! 
namely, the necessity of combatting the eternal ene¬ 
mies of society. He said— | 


2:7 


“That language had been used at all times and by all 
parties. It was used by Messrs Polignac and Chente- 
lauze. who treated Messrs. Guizot and Thiers as anar¬ 
chists. It was also used by MM. Guizot and I hiers, 
who applied to M.Odillon Barrot and his friends the 
denomination of eternal enemies of society. If it was 
against socialist doctrine the law was directed, he 
would predict its failure. Free discussion alone would 
brand their savage theories and render them an object 
of horror to mankind.” 

M. Julies Fabre, too, was capital. He replied partic¬ 
ularly to M. Montalembert who defended the stringent 
system, and had much to say about socialism. M. Fa- 
bre said— 

“With the system of repression developed by him 
to save society, the liberty ot the press and thought 
would be annihilated, and the regimen of the holy in¬ 
quisition ultimately restored. He admitted that society 
was diseased, but it was because its republican heart 
was still enclosed in a monarchical mould. Socialism 
was a mere imaginary danger, and if it laid siege to 
society 7 , as asserted by M. Montalembert, the only mode 
of paralyzing it was to admit it into the fortress.” 

Here is the secret of the unquiet state of France.— 
Its republican heart is enclosed in a monarchical mould ; 
and it might have been added, by political hypocrites, 
who put on the mantle of republicanism to conceal 
their legitimatist sympathies and objects. In reply to 
them, of course the government put forth its whole 
strength. The speech of M. Thiers isbepraisea to the 
skies, and its great feat is said to be its thorough pum¬ 
melling of socialism- Thiers is an intriguer striving 
for place. France needs statesmen who will popular¬ 
ize her institutions. 

Rome continues tranquil. The public are more as¬ 
tonished at the baseness of the French intermeddlers 
than enthusiastic at their deliverance from the authori¬ 
ty of the triumvirate. There will, in all countries, 
ever be a knot of conservatives, or legitimatists, or 
friends of the old, who will ever rejoice when the past 
comes back, and such there is in Rome ; no doubt 
they play the toady to Oudinot, aud offer incense on 
French altars. But the mass of the people—Oudinot's 
false bulletins to the contrary—and the intelligent, 
moderate party of Rome, are not enthusiastic at the 
prospect of the return of the pope, and not favorable 
to the interfereuce of the French. It is a libel on both 
their intelligence and their patriotism, to affirm this.— 
The indignation at the late transactions is deep if it is 
not loud, and to predict a state of peace, of submission, 
when there is such a state of discontent, of war at 
heart, is all folly. There is something of Roman bra¬ 
very 7 and dignity left yet, and I reach bayonets cannot 
keep it down. Meantime the late of Rome is decided. 
Pius is going back to its government temporal as well 
as spiritual ; the new things are to pass away ; foieign 
bayonets, it may be Austrian, it may be French—all 
one in the temper of their steel—may form a hedge 
about this unwelcome sovereign. This, however, can¬ 
not last. The taste the Romans have had of the order 
of freedom will not make them relish anew the order of 
despotism. The old fire will break out, and those on 
the spot predict any thing rather than tame acquies¬ 
cence to the will of the foreigner. The fiat has gone 
forth in Italy that the temporal power shall be divorced 
from ihespiritual, aud sooner or later, this will bean 
accomplished fact. 

0=A Connecticutdame, the mother of a large family, 
was one day asked the numberjof her children. “La 
me!” she replied, rocking hersell to and fro. “I’ve got 
fourteen; mostly boys and gals."—Syracuse Reveille. 











278 


THE N T EW CONSTITUTION. 


Constitutional reform in Maryland. 

The Conventional Reformers of District No. 3. as¬ 
sembled in the Court House on Saturday afternoon, 
August 18, 1849, at 3 o’clock P. M-, in pursuance of 
public notice, and resolved as follows: 

Resolved, That a Convention of the people is deman¬ 
ded by the necessity of a reformation, and that no radi¬ 
cal reformation can be had without such Convention, 
wherefore, let the watchword of Conventional Refor¬ 
mers be Reform and Retrenchment through a Conven¬ 
tion. 

Resolved, That the power of the people to call or 
meet in such convention is undoubted and because of 
this inalienable and indestructible right, no restraining 
clause in the Constitution can prevail its exercise when¬ 
ever desired and willed. 

Resolved, That there is no clause in the Constitution, 
preteuding to restrain or trammel this right or power 
of the people, and that the 59th article, upon which 
anti-reformers, rely in their efforts of opposition, and 
the 42d Section of the Bill of Rights, show conclusive¬ 
ly, that that article is a direction to the Legislature in 
what manner it shall alter or abolish the Constitution, 
and has no reference whatever to the rights of the 
people in so altering or abolishing. 

Resolved, That assembling ourselves together as Con¬ 
ventional Reformers, sincere and honest in the senti¬ 
ments and views we entertain, and as before expressed 
we meet upon the broad question of Conventional Re¬ 
form, to concentrate our strength, coalesce our ener¬ 
gies, and unite in action to secure the great object upon 
which the hearts of the honest masses are set, and 
whose best interests so urgently demand. 

The voters of the Hancock district met on the 18th 
inst., and passed the following: 

Whereas, The time has again arrived for the people 
of Washington Count)', to select another set of dele¬ 
gates to represent them in the Legislature of the State, 
and 

Whereas, It becomes them to select such men as 
will truly represent their desires, and their interest 
therefore be it, 

1st Resolved, That we, who are in this meeting as¬ 
sembled, are now as we heretofore have been, in favor 
cf the great measures, and policy advocated by the 
Democratic party of the State of Maryland. 

2 d Resolved, That upon the great and paramount 
question of Conventional Reform, we are more than 
ever convinced of its necessity, and its utility. 

3 d Resolved, That we look upon the present as a most 
auspicious time for a combined effort of all those in 
favor of Conventional Reform, we therefore call upon 
all Conventional Reformers, irrespective of parties, to 
come to our aid, to join us, and participate with us, 
in the accomplishment of this great and salutary work. 

The friends of Constitutional Reform, in the Clear- 
spring district, on the same day met and adopted the 
following: 

“ Whereas, In the opinion of this meeting, the con¬ 
stitution of Maryland, is anti-Republican in most of 
its features affording under its provisions to many of 
the State officers, unjust and enormous compensation 
for the performance of little labour, and thus enrich¬ 
ing the few at the expense of the many. 

Whereas, It is in violation of every principle of 
Republicanism, that the people should" not have the 
electing of these officers, with the faithful performan¬ 
ces of whose duties the peoples best interests are most 
intimately connected: Therefore be it, 

Resolved, That in the opinion of this meeting the 


old constitution ought to be abolished, and a new one 
formed. 

Resolved, That in order to effect this we are in favor 
of a convention, believing it to be the only effective 
mode of fully attaining the object desired. 

Resolved, That in the accomplishment of so impor¬ 
tant a work, all party considerations should be lost 
sight of; having nothing in view but the attainment of 
the great work before us.” 

From the Baltimore Argus. 

The Cause of Reform. 

We rejoice to see the evidence of the onward march 
of the feeling in favor of Reform. It is no longer con¬ 
sidered a mere party ruse, and disavowed and rejected 
by thousands on that account. Every sound-thinking 
man of all parties, begins to see and feel the propriety 
and necessity of re-modelling the form of government 
under which we live. Our government in all its essen¬ 
tial features, is what it was when our people first emer¬ 
ged from their colonial vassalage. If, then, we look at. 
the present condition of things, and contrast them with 
what they were at the formation of our Constitution, 
we must see so vast a change that what was suitable 
and appropriate then, can no longer be made to suit the 
wants and promote the interests which have grown with 
our present advanced state. 

And why should there be any fears of injustice, up¬ 
on the part of any portion of our people? Are we not 
one in interest?—-have we not the same sense of com¬ 
mon justice, and the same motives to prompt us to a 
proper appreciation of each other, which our forefath¬ 
ers had?—have we not the aid of half a century’s ex¬ 
perience in the working of republican governments, 
which they were deficient in? We think all such fears 
groundless. There is no wish anywhere to oppress 
any portion of the state, or to aggrandise any part at 
the expense of another. We want a more simple aud 
economical form of government, one that will give to 
the People the power of electing their own officers, 
and to each county the l ight to fix salaries for the ser¬ 
vices rendered. We want all useless offices abolished, 
and a!! laroe salaries reduced; so that the product of 
every man’s labor may be secured for his own benefit, 
and not be wrested from him by onerous taxation, or 
exhorbitant fees. These are the great objects which 
v/e have in view, and they are such as commend them¬ 
selves to the consideration and approval of every man, 
of every party. It is indeed a subject which over¬ 
rides all party consideration, and is of vastly more im¬ 
portance to the people at large, than the mere question 
of which tarty shall have the predominance and dis¬ 
tribute the offices. 

This is the light in which we have ever viewed the 
subject of Reform, and glad are we when we see the 
evidences accumulating around us that this opinion 
is gaining ground everywhere. In the late Reform 
Convention, we were pleased to meet many who a few 
years back were bitterly hostile to the movement.— 
Many who had the manliness to avow the change in 
their sentiments, and to pledge themselves henceforth 
to the cause. But a few days since, we were pleased 
to see an editorial in the Baltimore Patriot, frankly ac¬ 
knowledging the necessity of reform, and with the plain 
admission that “if the constitution as it now is, was 
before the people for its adoption, there is not a single 
man in the state who would vote for it.” With such a 
fact as this admitted by both parties, why should we 
longer suffer under a system which we have power at 
any time to alter or abolish? 

We hope the people throughout the state will see to 
it that their candidates are such as can be relied upon 
as friends ol Constitutional Reform. 










279 


THE NEW CONSTITUTION. 


KENTUCKY. 

From the Louisville Democrat. 

Constitutional ileform. 

Delegates to the convention having been duly elected* 
it now becomes the duty of the press and the people of 
Kentucky, as well as that of the members of the conven¬ 
tion, to give the subject of constitutional reform the 
most candid and thorough consideration, in order that 
the State may have a new constitution, embracing all 
the improvements suggested by the experience of the 
past, and demanded by the interests of the present and 
the future. Jn looking over the list of delegates, it is 
gratifying to find that the people have called to the 
great work of reconstructing their organic law, a mass 
of experience and talent which promises well for the 
issue. It is to be hoped that, in this great work, so 
important to this and to future generations, no selfish, 
factious, or party considerations, will be suffered to in¬ 
fluence in the slightest degree the convention. An as¬ 
sembly so enlightened as that will be, and with duties 
and responsibilities so dignified and important, impos¬ 
ed by the confidence and partiaity of a free people, 
should soar above every thing vulgar, illiberal and time¬ 
serving, and commend themselves to the gratitule of 
their fellow-citizens, and of posterity, by giving the 
commonwealth a new constitution suited to the wants 
and wishes of the people. 

Every proposition to amend the constitution, from 
whatever quarter it may come, should De maturely 
weighed; but only such should be adopted as may be 
considered really needful, and likely to be approved by 
a majority of the State when submitted to a vote. 

There are those, in all ages and conditions, who, as 
Mr. Jefferson says, “look upon constitutions with sanc¬ 
timonious reverence, and deem them like the ark of 
the covenant, too sacred to be touched.” They do 
not believe in the improvability of mankind They 
are not progressive themselves, and they object to every j 
thing like progression, however liberal and enlighten- | 
ed. They scoffed when Newton unfolded the laws of 
nature and taught the true doctrines of astronomy;) 
they ridiculed when Harvey discovered the circulation 
of the blood, they persecuted when the Savior and his 
Apostles proposed to reform the Jewish institutions; and 
they predicted the worst when our fathers laid the foun¬ 
dation of liberty and free government in the declara¬ 
tion of American Independence. Too conservative to 
advance, when not to advance would be worse than 
folly, they may not be expected to be silent while our 
constitution is being revised. But fortunately, they 
are but few such returned to the convention. 

On the other hand, the charm and zeal for improve¬ 
ment should be tempered with a just and sober discre¬ 
tion. No man, or set of men, in the convention, should 
assume to control its deliberations, or expect to have 
his or their own particular views carried out on every 
point. The spirit of generous compromise, and of 
manly concession, should pervade and characterise a 
body so enlightened and dignified in every stage of its 
labors. If so, we shall hazzard nothing in saying, that 
the calling of a convention will not have been in vain, 
and that the new constitution will receive the sanction 
of an overwhelming majority of the people of Ken¬ 
tucky. 

In the following number, or numbers, we shall 
briefly, and clearly as we can, notice such amendments 
of the constitution as are deemed necessary and proper. 


Richmond (Va.) Manufactures. —The brig Oregon 
left Richmond last week, for the Attakapas country, 
Louisiana,laden with sugar mills and engines, valued at 
about $15,000 from the extensive foundry and machine 
shop of Mr. Joseph R. Anderson. 


Pronunciation of Hungarian Names 

Readers of the foreign news who do not understand 
the Magyar language, find it very difficult to pronounce 
the Hungarian names. The Tribune has a chapter on 
this subject, from which we extract the following: 

Kossuth is pronounced as if written Kosh-oot, Coo as 
in moon;) Gorgey is not like Georgie, the diminutive 
of George, but as if written Gayur-gay—at least, that 
is the best way we can think of for conveying an idea 
of the vowel sound in the first syllable; the vowel it¬ 
self we have not in English. The name is sometimes 
spelt Georgey, which is totally wrong; if you want to 
spell it after the German fashion, it must be Goergey , 
as Gothe is sometimes written Goethe. 

The name of Count Wass, the envoy in this coun¬ 
try, is pronounced Vosh; that of Nadgy Sandor, the 
famous Magyar cavalry officer, is Nodj Shandor, the a 
in the second name (which, by the way, is the Christ¬ 
ian name—the Hungarians always put the surname 
first—and means Alexander) being pronounced as a in 
f ar; Magyar is Mod-yar; Acts is like arch with the r 
left out; Debreczen (this is the true spelling of the 
word, though the Germans, from whom we generally 
copy, write the last syllable with i) is Debret-sane; 
Miskolcz is Mish-kotch; Bisztricz (the Germans write 
it Bistricz) is Bistrits; Szekler is Sake-ler; Szegedin is 
Segedin; Csorna is Chorna; Saros is Sharosh, (a. as in 
far.) Pesth is properly Pesht, but the German pro¬ 
nunciation, Pest, universally prevails in other coun¬ 
tries. 

Bacska is Batch-ka (a as in far.) Kecskemet is 
Ketch-ke-mate. Csegled is Cheg-led. Perczel is Pertsel, 
the e in the first syllable being as in the first syllable of 
derry. Bekes is Bay-kayah. Aszod is Ah-sode.— 
Temcsvar is temesh-var (the a as in far.) Gyongyos 
is—a stumper, and we defy any man to describe the 
way it is pronounced, so that another can pronounce 
it aright from the description. Those who can’t find 
any ene to teach them the sounds orally, must content 
themselves with a provisional pronunciation till they 
can. Szony is not so much unlike Siane-yi as a barn 
door, but then it is by no means the same thing.— 
Goriollo is something like Gay-del-leh, but not exactly. 

There are a good many German names in Hungary, 
both of men and places, which are pronounced accord¬ 
ing to German rules, as for instance, Theiss, (pronoun¬ 
ced Tice;) tho Magyar name of that river is Tisza, 

( Tea-sa .) There are also a good many Sclavonic 
names, which also have their own rules, as for instance 
Yel latch-ilch, with the emphasis on the second sylla¬ 
ble. Kossuth is also a Sclavonic name, but has been 
Magyarized. Kniejanin is Kun-nich-yan-in- 

The author of “Revelations of Russia” spells the 
name of the distinguished Hungarian General, Goer¬ 
gey, and says it is pronounced Geurgay. 

Value of a Newspaper. —On Monday last we in¬ 
serted a paragraph on the fourth page of this paper, 
inquiring for the heirs of Thomas Lucas Wheeler. It 
seems that Wheeler died leaving a fortune; indeed, he 
was a millionaire. Well, it is now almost certain that 
two ladies of this city, relatives of A. C, W. Carter, 
Esq., Prosecuting Attorney of this county, are the legal 
heirs of said fortune, and steps have been taken to gain 
further knowledge of the matter. If this does not 
show the value of a newspaper, we know not what 
could.'— Cin. Commercial. 

Greedy Gold Huntf-rs. —So anxious were the pas¬ 
sengers on board the schooner G. B. Montague to reach 
the gold region, that, on their passage to California, 
during the prevalence of a calm they frequently got 
out the boats and towed the vessel toward her por^of 
destination.— N. Y- Com. 


k 















283 


THE NEW CONSTITUTION. 


The Old Stnte House and the Constitution of 
Ohio. 

Tile weather-beaten ancient lookiug building at the 
corner of State and High streets in this city, wherein 
ou the first Monday of December in each and every 
year, the representatives of the people meet to make 
laws for the State, presents to the eye of the close ob¬ 
server, a mostcrazy and dangerous appearance. Large 
cracks let in the wind—the roof, although constantly 
repaired—patched and repatched, cannot be made to 
keep out the rain, and the whole building, even if there 
was no danger of it tumbling down with its own 
weight, is unfit for the uses for which it was intended. 

A few yards north-east of the present dilapidated 
building a new one is being erected—strong and sub¬ 
stantial, and sufficiently capacious for all the wants of 
the State. When completed, the public archieves will 
be safe within its walls, and tile storms of years may 
beat upon it, but without injury. 

Those who oppose a new Constitution of Ohio, found 
much of their opposition upon the fact, that it is an 
ancient work—the work of the Fathers of the State, 
and we, their children,should suffer its evils rather than 
to erect another in its stead, even though the new one 
be in consonence with the spirit of the age, which the 
present one is not. 

The same reasoning will apply with equal force to 
the retention of the present'state house, in preference 
to the new one now in the course of erection. The 
building was the work of men, most of whom have 
returned to dust. Since its erection, Ohio has dou¬ 
bled—nay more than quadrupled its population. Since 
that time, its resources have been developed—its works 
of internal improvement completed. When first its 
now tottering walls were completed, Ohio had not a sin¬ 
gle canal—Rail Roads were then unknown—the first 
steamer was scarcely built. Now we have canals and 
Railroads and steamers innumerable. Nay, since the 
erection of the old State house, the trees have been cut 
from most of the streets of Columbus, and from a vil¬ 
lage of a few log cabins, it has grown to be quite a city. 
Within the same time, State after State has been added 
to the Union—Florida and Texas have been annexed— 
New Mexico and California acquired, and the State is 
now preparing to tear down the venerable fabric, that 
has seen all these changes from good to better, merely 
because it is old, dilapidated and unfit for the uses to 
which it was originally designed. 

Thus will it be seen that every argument used for 
retaining the old Constitution, will answer equally well 
for retaining the old State house. The one is about as 
unfit foi a Legislative hall, as the other is to govern 
two millions of souls. The winds of Heaven whistle 
through the walls of the one—the advocates of implied 
powers have made breaches in the other, until prece¬ 
dent can be found for any power in the Constitution 
that the enemies of popular rights may choose to as¬ 
sert. 


I A 

The doctrine that because Ohio, from the enterprize 

of her citizens, the development of her resources and 
her position, has made rapid advances in the career of 
greatness, that this advance is to be attributed to the 
Constitution, is idle, and show how hard run the op¬ 
ponents of Constitutional Reform must be, to advance 
such preposterous notions. Had the framers of the 
Constitution given more power to the people and less 
to the Legislature, the state would have been more 
prosperous than even now—for then it would not have 
been saddled with a great state debt which weighs down 
its energies, and works of internal improvement, 
which have failed even to pay the cost of annual re¬ 
pairs would never have been commenced and completed 
on borrowed money. 

In their wildest dream, the men who metatChilli- 
cothe in 1802 to give the State a Constitution, never 
supposed that within some forty six years Ohio would 
be the third if not the second state of the confederacy, 
with a teeming, busy, bustling and enterprising popu¬ 
lation. They framed the instrument to meet the wants 
of the then population of the state, not for the mil¬ 
lions who were to come after them, and if proof of the 
fact be needed, it can be found in the message of Gov. 
Worthington, a member of the Convention, who was 
the first man to propose an alteration of the Constitu¬ 
tion, and that too, on the ground, that it was not framed 
for a large population, such as the state had in 1817, 
though it then numbered less than one fourth the pre¬ 
sent population. 

Indiana in favor of a New Constitution. 
Our readers will recollect that among the questions 
to be decided at the late election in Indiana was that of 
calling a Convention to remodel the State Constitution, 
which as in Ohio, was submitted to a vote of the peo¬ 
ple. During the campaign the question was discussed 
and settled in favor of a new Constitution by a decided 
majority. We have been unable to procure the official 
vote, but the following is given in the Indiana State 
Journal as the result in all the counties : 

For a Convention 68,745 

Against a Convention 50,892 

Majority in favor of a Convention, 17,853 

We congratulate the friends of Constitutional Re¬ 

form in Indiana on the success of their efforts to secure 
to the people a Constitution worthy of that noble state, 
and trust that in October next they will be able to re¬ 
turn the compliment, when Ohio by a majbrity equally 

decided, declares in favor of revising the Constitution 
of this State. 

The Rallying Sign of the Hungarians. 
When danger menaces any of the Hungarian villa¬ 
ges, a bloody sword is despatched to the neighboring 
villages by a swift footed runner, who pronounces ihe 
place of meeting and hands it to another, who in turn 
instantly starts for the next village, warning all in his 
way, much after the fashion that the fiery cross warn¬ 
ed the clansmen of Vick Alpine in the Highlands of 
Scotland, as graphically described in Scott’s beauti¬ 
ful poem of the Lady of the Lake. 







THE NEW CONSTITUTION. 


2S1 


The Opponents of Constitutional Reform. 

The theory of our government is Republican—based 
upon the intelligence of the people, who are the foun¬ 
tain of all power. It is this which distinguishes it from 
the other governments of the world—it is this that 
has made our nation prosperous—it is this that has 
given it the proud and just title of the model Re¬ 
public of the world. The Constitution of the United 
States wisely confines the officers elected by the peo¬ 
ple to certain duties—the overstepping of which would 
make the President liable to impeachment. 

Since first the government was formed,the people of 
the United States have shown themselves equal to the 
task of self-government. Yet there are those who act 
as if they denied this great fact—who doubt men’s ca¬ 
pacity even to choose their own officers of State. Can 
such men be Republicans ? We trow not. Though 
they may cal! themselves Whigs, Democrats, Free- 
soilers or by any other party name they may choose to 
adopt, yet denying, as they do, this great and funda¬ 
mental principle, in the Republican creed, they deny 
the very principle which strongly marks our govern¬ 
ment as diflerent from that of the governments of the 
old world and are not attached to the principles of 
civil liberty. 

The people of Ohio are deemed wise enough to se¬ 
lect men to represent them in the Legislature, but are 
not esteemed wise enough to select their State officers. 
They choose their law-makers, but are not allowed to 
choose their law expounders. The people of the coun¬ 
ty of Erie or the county of Lawrence—the county of 
Columbiana or the county of Vauwert, are not, by our 
present Constitution deemed as capable of selecting the 
three Associate Judges for their own county, as are the 
seventy-two Representatives and the thirty-six Sena¬ 
tors, who represent the Senatorial and Representative 
districts in the State, although the chances are,as ten to 
one, that out of the 108 members of the Legislature, 
not one in-ten ever saw or heard of the men to be elect¬ 
ed, until a day or two before the election, and then the 
only question asked is, what are his politics ? 

The same Legislative body, elected by the people, are 
also deemed capable of electing the Auditor, Treasurer 
and Secretary of State, while the people, whose busi¬ 
ness these officers are to transact, are supposed incapa¬ 
ble, under the Constitution of judging of the claims 
and qualifications of the different candidates. What 
folly this is ? That 108 men elected to the Legislature 
shall be deemed better qualified to select officers than 
the five hundred thousand freemen of the State, is the 
heighth of absurdity, yet we find men who advocate 
the doctrine and oppose a change of Constitution, De¬ 
cause they deem the people an unfit depository of the 
trust of electing an Associate Judge or a Secretary of 
State ! Strange as it may appear, the men who act 
thus,—who thus deny enough capacity to the people to 
select their own agents, still call themselves Republi¬ 
cans—still profess to believe our government a model, 


Republic ! Such professions come but from the lip— 
not from the heart—they are unreal and such profes¬ 
sions are used, as Talleyrand said language should be, 
“to conceal thoughts.” 

Had not the experiment of electing all officers by the 
people been tried and found to work well, these men 
might have a sort of an excuse for their opposition, 
but as state after state has tried the experiment, and 
with signal success, this last argument is taken from 
them, unless they openly avow that, which in secret 
they believe, that the people are not fit to be trusted 
with more power. 

Again : The people elect their Representatives and 
these Representatives pass laws for an increase of the 
State debt. The people are bound by it, and their pro¬ 
perty taken from them in the shape of taxes, goes to 
foot the bill. The people then are believed to have 
sense enough to pay for foolish legislation, but are not 
sensible enough to be allowed the liberty of judging 
whether the interest of the state requires an increase 
of state indebtedness or not ! This could be easily 
done, by the aid of the ballot box and this proposition 
too has worked well and saved the credit of other 
states. Yet the same class of men in Ohio, who fear 
to give the people the power to elect their own state 
officers, deem the power of allowing the people to vote 
whether the state debt, which they will have to pay, 
shall be increased, too great to have a place in the fun¬ 
damental law of the land. Precious Republicans such 
men are, but fitter far, for Austria or Russia, than for 
Ohio. 

The Island of Cuba. 

This island is 624 miles in extreme length, with a 
width varying from 22 to 117 miles, and covers an area 
of 37,000 square miles, being about the size of the 
state of Maine. It contains a population, at the pres¬ 
ent time, of 1,400,000 ; of which about 610,000 are 
whites, 190,000 are free colored, and 600,000 slaves.— 
Its imports in 1847 were $32,3^9,119, of which $7,049, 
975 were from the United States. Its exports during 
the same period were $27,998,770, of which $12,394, 
876 were to the United States. In 1847 the number 
of arrivals at its ports, was 3740, and the number of its 
clearances, 3346. Its principal harbors are the finest in 
the world. The amount of American tonnage em¬ 
ployed in the trade with Cuba is 476,773 tons. It has 
195 miles of railroad completed and in successful ope¬ 
ration, and 61 miles in course of construction. It is 
well watered by numerous rivers, and its surface, ex¬ 
cept in the central portion of the Island, diversified 
with mountains. Only two-fifths of its surface are 
cultivated. Of the remaining three-fifths, now unus¬ 
ed. one is probably worthless, leaving one-half of its 
agricultural resources undeveloped. The climate is so 
genial, that it yields two crops a year of many of its 
productions. It also abounds in materials for manu¬ 
facturing purposes, and its mountains contain mines 
of copper which are worked to considerable advantage. 

The Virginia Slave Excitement. —The indictment 
against Samuel Jauney, at Leesburg, Va., in conse¬ 
quence of his published view of Rev. W. A. Smith’s 
speech in behalf of slavery, the Commonwealth’s At¬ 
torney for London thinks cannot be ultimately sus¬ 
tained. 








282 


THE NEW CONSTITUTION. 


From the Ladies’ Repository. 

THE NEW RACE OF AMERICANS. 

BY THE EDITOR. 

The passing off of one race of men, and the coming 
on of another, musi, under any circumstances, com¬ 
mand the attention of all thinking persons; but, when 
these changes occur in our own country, and underour 
own observation, they cannot fail to excite the deepest 
interest. 

The day was, when the western continent, including 
all its islands, was peopled by a race of men, whose 
character, manners and customs, were strikingly pecu¬ 
liar, Their civilization, as a general thing, had not 
reached a very great elevation; but there was, never¬ 
theless, something about it, which has always attracted 
tile notice of the speculative and curious. 

Their dwellings were extremely simple in their con¬ 
struction, consisting, in general, of the bark peeled 
from large trees, and laid upon a slight frame work of 
saplings. A few of these rude cabins formed the town 
or village of a tribe; and the inhabitants, either all at 
home, or all abroad, spent a merry life of it from year 
to year. When at home, their days were devoted to 
fishing in the neighboring streams, and visiting through 
their village circle, and gossiping their time away in 
jocular conversation; while their evenings were drawn 
out in loud merriment around huge fires in the open 
forest, or in smaller clubs about their blazing chimney i 
corners. The old men, with their curiously-wrought ! 
pipes, would sit in mute attention, looking complacent- ! 
ly on the bands of young men and maidens, sporting j 
and dancing on the beaten play ground within the vil¬ 
lage circle. Sometimes the old patriarchs themselves 
would have a merry season, which, however, was al¬ 
ways closed by a war dance around a magnificent fire 
on the common. 

Thus the time went happily along, while the tribe 
were in their winter or summer quarters; but their 
springs and autumns were spent abroad, in the exci¬ 
ting vicissitudes of the chase. Some on foot, others 
well mounted on horses, a whole nation would period¬ 
ically sally out into the vast, unbroken forest, and pass 
whole months in wild adventures, which, if properly 
written out, would fill the world with romance. When¬ 
ever a hostile tribe ventured to cross their path, or en¬ 
croach upon their acknowledged hunting grounds, 
battles would sometimes happen, which, in the days of 
Miltiades or Cajsar, would have been chronicled with 
admiration. 

This was savage life. It was the life of a great and 
numerous people. In the southern part of this conti¬ 
nent, they, or some older inhabitants, had made con¬ 
siderable advancement in several of the more useful 
branches of civilization. In Mexico, in Yucatan, and 
all along the isthmus connecting us to South America, 
the natives had, before the landing of Columbus, made 
a noble beginning in architecture, in government, and 
in a sort of pictorial language. But, both north and 
south, the greatest portion of the people were but the 
rude, unlettered children of nature. The forest was 
their home; hunting, and fishing, and dancing, and 
fighting, constituted their chief employment; and their 
life was rather that of a talking animal, than of a think¬ 
ing intelligence. 

But, whatever these people were, they are passing 
away Their cabin fires, in many large sections of 
their residence, have been extinguished, and that for 
ever. Their sports and dances have nearly ceased; 
and the voice of revelry is seldom heard among the few 
that now remain. Those few, driven from their old 
habitations, and from the graves of their sleeping fath¬ 
ers, have receded before the footsteps of another race, 
which has been advancing rapidly upon them. Far 


awav in the western wildwoods; far from the land that 
nourished them; far from all the endearing associations 
of their early childhood, this unfortunate people are 
now spending the decline of their national existence, 
with the mournful consciousness, that, when that ex¬ 
istence shall be over, there is for it no possible resur¬ 
rection. Though Christianity has gone among them, 
and pointed their way to another state of being, they 
painfully realize the loss of their former earthly great¬ 
ness, without one hope of recovering their once happy 
and powerful position. As the rough winds of winter 
sweep around their low dwellings, and sigh in mid¬ 
night melody over the new made graves of their fallen 
countrymen, how must the hearts of the living throb 
with emotion, and their eyes fill with the tears of sor¬ 
row, perceiving, as they do, a winter corning which 
shall have no breaking, and a night advancing which 
shall see no morrow! 

But, reader, mournful as these reflections may be, 
we must not dwell on them too far. This change of 
races is a providential arrangement; and it is undoubt¬ 
edly ordered for the general good. Though some 
might look upon it as a novelty, it is far from being 
strange in the history of man. The same thing has 
happened many times before. 

The Pelasgi, for example, were the aboriginal inhab¬ 
itants of Greece; but the Egyptians, and Phoenicians, 
and colonies from several countries, came, and con¬ 
quered or expelled the old settlers, and occupied their 
places. Italy, also, was densely populated by different 
tribes, and one portion of it, Etruria, had reached a 
high state of civilization, when /Eneas, with his band 
of Trojan exiles, came, and subdued the country, and 
made his followers the lords of the new soil. The Ara¬ 
bian false prophet, by himself and his successors, over¬ 
ran Arabia, and Egypt, and portions of Europe, and 
almost the half of Asia, sweeping every thing before 
him, and introducing new laws, a new religion, and a 
strange people into every r place that submitted to his 
arms. Afterward, when the world had nearly settled 
down again, Genghis-Khan, a Mogul or Tartar prince, 
arose in the extreme north of Asia, and advancing 
south and westward, spread universal devastation thro’ 
all the earth, overturned kingdoms and empires of the 
oldest date, and settled his blood-thirsty soldiery down, 
as lords of the ascendant, in every conquered laud.— 
Next, the savages from the north of Europe, the Lom¬ 
bards, Goths, and Huns, came pouring down on enfee¬ 
bled Rome, and spoiled the once iron-hearted conquer¬ 
ors of the world. Then, other northern tribes from 
the Scandinavian hive, advanced westward into France 
and England in successive swarms, until the old Celts 
gave way 7 , and submitted to a more powerful race. 

Such, in fact, has been the universal history of man¬ 
kind. The sons of Noah have ever been at war. The 
children of Shem, under Abraham, rose upon the Ca- 
uaanites, the sons of Ham, and drove them from their 
place. These very sons of Ham, under the banner of 
the Arabian priest, descend upon the territories of Ja- 
phet, and possess a portion of his soil. The sons of 
Japhet carry back the war, and, being the y r oungest 
and superior race, gain the ascendancy upon both Shem 
and Ham. So, in the majesty of their strength, and 
thirsting for new regions to conquer, as soon as the 
ships of Ferdinand and Isabella bring back the tidings 
of a new world discovered, they pour into it in a cease¬ 
less torrent, and overrun it all. Finding here their old 
enemies, whether the sons of Ham or of Shem not be¬ 
ing to them material, they pushed forward their con¬ 
quests, until the arms of Cortes and Pizarro had broken 
the power and spirit of their foe. Since then the new 
race has been continually advancing; and the old one 
has been melting gradually away. 

But, as the loss of any race is a real loss to the hu- 









THE NEW CONSTITUTION. 


‘2S3 


man family, it becomes an interesting inquiry, wheth¬ 
er the world has gained by the progress and triumph of 
the one now coming forward. For several considera¬ 
tions I am led to regard the new race as the most per¬ 
fect known in the history of mankind; and, in order to 
be a little explicit in my statements, and because the 
topic is worthy of much care, I will present the rea¬ 
sons of this opinion with some degree of method and 
design. 

1. This new race, then, is to be considered as a ve¬ 
ry superior race, because it is taken from the family of 
Japhet, which, in every age, lias shown its superiority 
over the other two. Of the sons of Noah, the first 
settled in Asia, the second chiefly in Africa, and the 
third is Europe. 

The Asiatic family, extending from the river Eu¬ 
phrates to the eastern shores of Tartary and China, has, 
by universal consent of historians, always stood lowest 
in the scale of civililization. For four thousand years 
or more, they have slept in almost uninterrupted obli¬ 
vion; the occasional outbreaks of a few adventurous 
spirits, like Genghis and the celebrated Prester John, 
serving only to demonstrate the continuance of what 
little life they have ever had. Their social condition, 
laws, and customs; their institutions in morals, gov¬ 
ernment, and religion; and, equally, their science, lit¬ 
erature, and arts, in spite of all their modern preten¬ 
sions to ancient splendor, have never made the slightest 
perceptible impression on the mind or manners of man¬ 
kind. 

The second family, which is that of Ham, has, on 
the other hand, risen to some distinction in the history 
of man. There was Canaan, the father of the Phoeni¬ 
cians, whose descendants erected Tyre and Sidon in 
western Asia, and Utica and Carthage in Africa, and 
Cadiz and other places on the coast of Spain. They 
carried letters into ancient Greece, and commerce al¬ 
most around the globe. There was Nimrod, the migh¬ 
ty hunter, also the son of Ham, who built up thesplen- 
dor of old Babylon; who conquered Nineveh, and add¬ 
ed all middle Asia to his dominions; and who, in his 
successors, elevated the standard of human life to some 
degree of magnificence. There was Mizraim, the 
Meijes of Egyptian history, whose posterity built the 
pyramids, and erected the towers of Thebes and Mem¬ 
phis, and instituted the older schools of philosophy, 
and scattered the first dawning light of civilization over 
the ancient world. There was Ludim, the eldest son 
of Mizraim, and, consequently, of the posterity of Ham, 
who established the kingdom of ancient Lydia, which, in 
the days of Croesus,was a proverb for the greatest splendor 
and wealth. Her armies advanced her influence to the 
eastern seas; her mechanics carried the arts of paint¬ 
ing, and dyeing, and other branches of labor, to the 
highest pitch of perfection; her artists surpassed their 
age in gardening, in architecture, and in music; and 
her statesmen stood first on the record of wisdom and 
renown. This, in a word, was the civilization—these 
were the deeds of the posterity of Noah’s second son. 

But, after all, what is all this to the acknowledged 
achievements of the European race? Run your eye 
over the annals of heroic Greece and classic Rome. 
Glance over the history of middle and modern Europe, 
from the days of Petrarch to the reign of the present 
British Queen. Then, turn your admiring gaze on 
our own fair land, and exult, as you will, on our patriot 
fathers’ deeds. Now. tell me, whose history, whose 
civilization, whose glory have you seen? They are 
the triumphs gathered by the different members of 
your own paternal household. They all pertain to 
you—to us Anglo-Americans, whose history thus 
reaches backward to the Flood. 

Did the Greeks astonish all the nations by their 
wisdom and knowledge, their literature and philoso¬ 


phy, their progress in the arts, and their power in arms? 
They were the members of your father’s house. Did 
the Romans, by their own energy, and in spite of every 
obstacle, conquer, on the plains of Carthage, the sons 
of Ham, and lift their sceptre over the heads of the 
posterity of Shem, and spread their liberty, and light, 
and language over all the world? They were your 
elder brethren, Have the Italians, and Spaniards, and 
French, and Germans, and English, in modern times, 
successfully amazed each other, and all the rest of man¬ 
kind, by their brilliancy and power of intellect, by 
their immortal works of genius, by the bold achieve¬ 
ments of their art and science, and by an enterprise 
which has given them the undisputed empire of the 
entire family of man? Thou, reader, art the inheritor 
of their blood. Thou art a daughter or a son of Japhet. 
The great names in history are those of thy own kind¬ 
red. If there was any eloquence in Demosthenes, or 
Cicero, or Emmet, or Chatham, the glory of it pertains 
to thee. If there was any grandeur of intellect in 
Socrates, or Plato, or Aristotle, or Abelard, or Bacon, 
or Newton, it was the presage of thy own intellectual 
power. If there has been any sublimity in the tri¬ 
umphs of philosophy, from Thales to him of our own 
beloved land, who wove his garland from the storm- 
cloud’s rich but fearful rosary, they are all thine own 
Have the harp of poesy, and the lyre of song, as they 
have been handed down from Homer to Virgil, and 
from Virgil to Dante, and from Dante to Shakspeare, 
and from Shakspeare to our modern bards, ravished the 
ear of mortals, and held the world’s mute attention by 
their seraphic sweetness and their power to charm? 
That harp—that lyre, belongs to thee. Do you look 
back with wonder on the deeds of Alexander, on the 
daring military feats of Caesar, on the bold exploits of 
Belisarius and Narses, on the surprising genius of Na¬ 
poleon, and on the immortal patriotism and valor of 
our Washington? All—all is thine. Japhet has ever 
had the supremacy of the world; and we are his son3 
and daughters. 

2. The Anglo-American race must stand first, be¬ 
cause it embraces the best portions of Japhet’s great 
family. It is derived, as all know, from the Anglo- 
Saxon; the Anglo-Saxon took its origin from therCeIts; 
the Celts were descended from the ancient Scythians; 
and the Scythians are believed to have been the chil¬ 
dren of Gomer, the first-born of the sons of Japhet. 
The offspring of Gomer were called Scythians, by the 
Greeks and Romans, and, perhaps, by the Scythians 
themselves, in reference to their unparalleled military 
genius; for the fact, that the Teutonic word scheter, 
or schutcr, and the Gothic skivta, both signify to shoot, 
furnisher a key to the origin of this national appella¬ 
tion. The Scythians, then, were the great shooters of 
antiquity. This w’e should judge from their eventful 
history. 

Passing north and westward from the central parts of 
Asia, where Noah and his three sons had settled after 
the Flood, they spread themselves over vast regions of 
unoccupied Asiatic territory, and then crossed over into 
the north of Europe. They w^ere always a wandering, 
energetic, unsettled people. The Greeks, from the be¬ 
ginning to the end of their history, were ever making 
war upon them, but never conquered them. The Ro¬ 
mans, when, as we are told by Livy, they could muster 
one hundred and fifty thousand warriors, were com¬ 
pletely humbled by them under Brennus, who sacked 
their city, and then leveled it to the ground. In the 
seventh century before Christ, they rushed down from 
the north into Asia Minor, and, by some of the most 
splendid achievements ever performed in war, took 
military possession of the country, and perpetuated for 
a long time their name. Scarcely able to restrain their 
own impetuosity, they rushed into Palestine, at that 





2S4 


THE NEW CONSTITUTION. 


time renowned for its martial spirit, where, in spite of 
all opposition, they not only gained many great victo¬ 
ries, but acquired and held possession of large tracts of 
land; and, at this day, the towers of Bethslian stand 
on the site of ancient Scythiopolis, or the city of the 
Scythians, which was there the seat and centre of their 
power. This city, mentioned in the Septuagint ver¬ 
sion of the Scriptures, (Judges i, 27,) under the title 
above given it, will carry down the name and fame of 
our original ancestors to the end of time. 

Out of the Scythians arose the Celts, who, from the 
beginning of their history, have demonstrated a high 
superiority over all their kindred tribes. In the quick¬ 
est time imaginable, they made themselves masters of 
the entire north of Europe, expelling or subduing the 
original population, though related to them by the ties 
of blood. Under their general title of Celts, they con¬ 
quered Spain, drove out the old inhabitants from Italy 
to the neighboring islands, and in all those vast regions 
set up and maintained their power. Under the martial 
appellation of Germans, or warriors, they cleared 
themselves a wide place in the heart of Europe, where 
they have ever since remained. With the similar litlo 
of Belgce, from the Celtic belg, or warlike, they estab¬ 
lished their outposts on the northern seas, whence 
they made irruptions, from time to time, to Greece and 
Asia Minor, and almost to the extremities of the world. 
To the west of Germany, and under the ancient appel¬ 
lative of Gauls, they swept every opposing people from 
the field, where, to this hour, they have maintained 
their sway. Pushing their conquests northward, they 
discovered the British islands, and immediately both 
Erin and Albion became their own. Since that day, 
the early histories of Germany, France, Spain, and 
England, have carried the Celtic name to the highest 
pitch of glory and renown- 

From the Celtic sprang the Anglo-Saxon race, which, 
in its turn, has held the same supremacy over the Celts 
that the Celts had maintained over the Scythians of 
old. The Saxons, deriving their name and origin from 
the old Sacse, so famous in classical history, were al¬ 
ways the most vigorous of the Celtic tribes. The 
matrons of both Persia and Greece used to scare their 
unruly children into obedience, by telling them the 
Sacse were coming; and the word, to sack, borrowed 
from the Celtic sacqua, has always been employed to 
signify the most complete plunder of a town. So 
grateful were the Greeks, on one memorable occasion, 
for their providential deliverance from these bold war¬ 
riors, that, on their return from battle, they establish¬ 
ed the religious festival of the Sacaia to commemorate 
the event. In the fourth century of the Christian era, 
they subjugated the north of Germany, which they 
held to the eighth, when by a series of most wonder¬ 
ful exploits, they conquered almost the whole. Not 
satisfied with a large part of the continent of Europe, 
in company with the Angles, they passed into the Brit¬ 
ish islands, driving the old Celts to the west and north 
of England, and making themselves the lords of the 
new soil. 

Of the two tribes, the Angles and Saxons, the latter 
would seem to have been the most bold and enterpris¬ 
ing, the former the most cultivated and refined. Ti e 
one was better adapted to war; the virtues of the other 
would shine best in peace. But, amalgamated as they 
have been, they have produced a race, which, for the 
last ten hundred years, has been equally successful in 
works of skill and enterprise—equally conspicuous in 
arts and in arms. Having established their power by 
struggles, which constitute the history of Europe for 
ten full centuries of time, the Anglo-Saxon race, at 
this moment, stands first among the tribes and families 
of the three oldest quarters of the globe. 


The power of England, the present seal of this great 
race, is a proverb in the mouths of all. Her litera¬ 
ture, and science, and philosophy, arid civil govern¬ 
ment, are the models of many powerful nations. Her 
armies have gone to the extremities of the world.— 
They have erected an empire in Asia, subdued the 
tribes of southern and central Africa, extended her do¬ 
minion over almost the whole of the American •conti¬ 
nent, and lifted the sceptre of this mighty race over 
three-fourths of all the islands of the globe. Her navy 
rides triumphantly on every ocean and sea, and teach¬ 
es all the tribes and families of men to respect or dread 
the English name. From England all the way to the 
southern cape of Africa, from the southern cape of Af¬ 
rica to New Zealand, from New Zealand through the 
western Pacific ocean to Bhering’s Straits, from Bher- 
ing’s Straits to Newfoundland, and from Newfound¬ 
land back again to the British islands, her guns are giv¬ 
ing a thundering echo to her power; her fleets of com¬ 
merce, and her ships of war,are commanding the trade, 
or humbling the spirit of mankind; and her arts and 
sciences, her laws and manners, her literature and lan¬ 
guage, are taking possession of all lands. On the 
shores of the eastern continent, on the borders of the 
African desert, alike on the blooming and on the bar¬ 
ren islands of every ocean, her printing presses are 
now in motion, and diffusing her civilization over all 
the world. 

From such a people, and under circumstances 
of the most thrilling interest, originated what I have 
ventured to call the Anglo-American race. Though 
deriving our existence from the Anglo-Saxon, we are 
rapidly rising, if we have not already risen, to the hon¬ 
orable distinction of standing thus by ourselves. In¬ 
heriting much from our English ancestry, we are, by 
no means, a repetition of the English character. Our 
constitution, our laws, our government, our literature, 
and even our language, either always have been, or are 
rapidly becoming very different from hers. The gen¬ 
ius of the two nations is not the same. The spirit of 
our Anglo-Saxon fathers tends ever to a consolidated 
national power. The temper of the Anglo-American 
race points always to the liberty and elevation of the 
individual man. Our national idea is a loftier, a purer, 
in every way a better one than theirs. Our population, 
so far as it was derived from them, is an improvement 
on the Anglo-Saxon race. 

The Pilgrims, who settled our eastern shores, were 
not a mixed class of men, taken at random from the 
mass of their countrymen. They were a select band, 
whose number was necessarily .exactly equal to the 
number of free, and manly, and liberal spirits in all 
that land. That number could not have been increas¬ 
ed. They were the hundred and one of nature’s no¬ 
blemen, resident in England at that day. They leIt 
notone behind; for, had there been another, he must 
have joined his peers. A band so small, and selected 
from so many millions, must have contained only the 
heroes of that age. They were the heroes of princi¬ 
ple, and not merely of enterprise or power. From 
them New England has been peopled, and their gen- 
|ius has been stamped on every civil and religious 
; blessing we enjoy. 

i But our national character lacks not the business ele- 
| ment. Not only are men of principle the best of busi- 
tness men, as the entire history of the east will show; 
but our southern borders were originally occupied by 
the most daring, and active, and adventurous spirits of 
the fatherland. No others would leave their homes, 
and expose their fortunes to the doubtful vicissitudes 
of new and untried scenes. In obedience to these two 
causes, then, the Anglo-American race has sprung up 
i from a chosen few, who had not their equals even in 





THE NEW CONSTITUTION. 


the Anglo-Saxon world. Proofs of this paternity we 
have long since given to all mankind. We are the 
only people on the globe who has met successfully 
the Anglo-Saxon race. Though I plead not for war, 
yet, as a historic fact, it must be stated, that twice 
we have closed with them on the field of blood ; 
twice, and that in our infancy, we have stood up 
against their utmost rage; twice have we conquered 
them, and driven them from our shores. Though 
openly proud, and arrogant to a fault, that old race 
secretly feels the rising superiority of the new. For¬ 
ced to respect, they have learned to dread our power. 
That power is now rapidly spreading over the globe. 
The continent we live in will soon be all our own. 
England, already at her zenith, will soon decline.— 
As she sinks, though not because she sinks, the star 
of our race will rise. We’shall soon more universal¬ 
ly demonstrate, what I have herein tried to show, 
that the best blood of the human family, and that not 
less than five times refined, is running in our veins. 
The Anglo-American is the best of Anglo-Saxon 
blood; the Anglo-Saxon is the best of the Celtic ; 
the Celtic is the best of the Scythian, which, in its 
turn, is the very best blood that beat in old Noah’s 
heart. Through this remarkable climax has our race 
been formed; and the very next cycle, in the history 
of the world, will be justly and proudly entitled the 
Anglo-American age. 

3. The Anglo-American race must stand first, be¬ 
cause its physical character has been so wonderfully 
improved by frequent mixture with the best races of 
mankind. Man, glorious as is his intellectual nature, 
is in part an animal, and lives an animal life. The 
laws which control the animal world, also govern 
him. One of the most striking of those laws has 
been expressly applied by inspiration to the family of 
man. Marriage connections are forbidden within cer¬ 
tain family limits; and we are thus commanded by au¬ 
thority, as well as otherwise taught by nature, to look 
abroad in the formation of matrimonial ties. Experi¬ 
ence daily confirms the wisdom of this arrangement, 
fie who ventures to transgress it, seldom fails to reap 
the fruit of his disobedience in numberless physical dis¬ 
abilities, which fall upon his unhappy offspring. Fam¬ 
ilies have been known to become extinct from this sin¬ 
gle cause, while thousands suffer untold misfortunes, 
when they least suspect the source of their many ills. 

History throws light upon this law. For good and 
sufficient reasons, the Jews were commanded to keep 
themselves from all foreign marriage connections; and 
there is no doubt, had they maintained their fidelity to 
God,.in all other respects, as rigidly as they generally 
did in this, Divine Providence would have controlled 
the natural effects of this restriction, and in every way 
overruled it for their good. But, in consideration of 
their deep sinfulness as a nation, after repeated warn¬ 
ings and reproofs, they were left, we have great reason 
to believe, to the ordinary course of nature; and the 
result was, whatever be the explanation, that no people 
was ever so remarkably distinguished for every species 
of physical misfortune recorded among the woes of 
man. Well did the apostle say of them, “That the 
commandment which was ordained to life, they found 
to be unto death;” for from the days of Solomon to 
the captivity, and from the captivity to the fall and 
dispersion, the Jewish character continually degenera¬ 
ted; and, in the last catastrophe, so sadly had their for¬ 
mer energy declined, their resistance to the Romans, 
though bloody, exhibited only a nation’s weakness 
struggling with despair. 

The Greeks, on the other hand, though principally 
descended from Javan, the fourth son of Japhet, deri¬ 
ved their bodily vigor, in great part, from a mixture of 
many nations. Colonies from Asia Minor, from Phoe¬ 


nicia, from Egypt, and from several other quarters, 
settled in with the original inhabitants of Greece, and 
improved the blood of that heroic people. Rome, also, 
from the beginning to the end of her history, owed 
much of her vast energy to the same natural cause. 
Incessantly mingling with her own the best blood of 
her subjugated provinces, she maintained her sway, for 
many centuries, over the fortuues of the world; and, 
at last, receiving in this manner more than she lost by 
her northern conquerors, she was enabled to stand up 
to the end of a great and glorious career. 

The physical character of the Anglo-Saxon family 
derived also immense advantages from this common 
source. The original Welsh lost nothing by mixing 
with their Roman invaders. The Danes, and Saxons, 
and Angles, and Norman French, brought in, succes¬ 
sively, their respective tributes of energy and strength. 
All these, mixing and intermixing with each other, 
and with the old Piets and Scots, formed the present 
generation of Englishmen, whose name is now rever¬ 
berating over all lands. 

But, as in many other things, so equally in this, has 
the Anglo-American race the precedence over all the 
nations of ancient and modern times. Being by origin 
Anglo-Saxons, and thus inheriting all that our Welsh 
ancestry received from so many sources, we have more 
recently added to our own the blood of almost every 
great people. America is now, as it ever has been, the 
place of destination for the daring and adventurous of 
all the world; and, at this moment, the best energies of 
every great family of Europe are giving power and 
vigor to our muscles, and life, spirit, and animation to 
our nerves. So far from having enervated our charac¬ 
ter by continually intermarrying amongst ourselves, 
there is scarcely a domestic circle in the land which 
does not represent several of the nations of modern 
times; for, on a moment’s reflection, I find that the 
blood of more than ten distinct people is running in 
the veins of my own little sons. We are, therefore, 
neither English, nor German, nor French; nor will 
any word, now in general use, express precisely what 
we are. Another word must hereafter be employed. 
We are Anglo-Americans—a race made out of the best 
tribes of the very best of the three families that esca¬ 
ped the Flood; and, physically considered, I have not 
the shadow of a doubt, that this new race, though sur¬ 
passed by the antediluvians in inertness, and conse¬ 
quently length of life, is by far the most active, ener¬ 
getic, vigorous, and powerful that ever saw the sun. 

4. The Anglo-American must be the first race of 
men, because its intellectual character is forming under 
influences which never conspired to produce one great 
result before. 

Whatever may be said of the crude principles of 
phrenology, the body is undoubtedly the basis of the 
mind; and our intellectual life rests upon it, as its low¬ 
est and last support. It would be impossible for a great 
soul to manifest itself through the feeble and effeminate 
organizatian of a Chinese lord; and it would be equally 
impossible for a mind of even moderate power to lose 
all its vigor, if continually stirred up by the raging an¬ 
imal spirits of an old Piet or Scot. What a basis— 
what a bottom, then, has been laid in our physical con¬ 
stitution, for the highest activity of our Anglo-Ameri¬ 
can mind. 

And it would seem that that mind, by an order of 
Divine Providence, is intrinsically the most perfect 
and powerful as yet given to any race of men. Tho’ 
the reasons of this arrangement are known only to the 
All-wise Ruler of the world, it cannot be denied, that, 
for some purpose, he has seen fit to distinguish the Ja¬ 
phetic family, by sending into the woild his rarest, 
choicest, noblest spirits, through this illustrious line. 

But, as there has been an improvement going on in 





THE NEW CONSTITUTION. 


286 


the physical character of mankind, so, and even more , 
emphatically, has there been a progress in the growth 
of mind. This we learn from the intellectual manifes¬ 
tations of the different ages of the world. A people’s 
civilization is the visible expression of that people’s 
thought; and no one can now deny, after all the light 
which has recently been thrown upon the history of 
man, that civilization has been constantly advancing 
from year to year. 

There have been eight great epochs in the progress 
of mankind, which have had their peculiar styles of 
civilization; and it is no longer a question, that each 
period has been an improvement, not only on its imme¬ 
diate predecessor, but on all that went before. The 
glory of Egypt was eclipsed by the Perielean age of 
Greece. Greece was surpassed by the Augustan pe¬ 
riod of Rome. Rome was superseded by the Italians 
under Leo X. The Italians were thrown into the 
shade by the Columbian era of Spain. Spain was ex¬ 
celled by the French in the days of Louis XIV. Now, 
Frauce has gone down, and, from Klopstock to Goethe, 
Germany has had her day in the world of mind. Eng¬ 
land, which takes the supremacy next, can hold it buj 
an hour; for here, vigorous, impatient, and strong, 
stands young America, ready to seize whatever be¬ 
comes the property of the Anglo-Saxon name; and 
thus, the era that is next to dawn, and which shall shed 
such lustre as to make all the past look dim, is to be all 
our own—the unsurpassed, the unparalleled Anglo- 
American age. 

But that age itself may grow. Every era has its be¬ 
ginning, its progress, and its end. The influences ac¬ 
ting upon it from without, and the energies at work 
within, give it a new development from day to day. 
Nor is it certain how long may be the period of this 
growth. So far as our civilization is founded upon the 
truth, it stands upon a rock, and cannot be moved. 
Who then can tell what shall be the intellectual limits 
of a race, whose descent is taken from so high a source, 
whose lineage is traced through so many of the most 
illustrious races of mankind, whose physical character 
has been perfecting itself so long, and whose civiliza¬ 
tion is the result of every thing great and good which 
the world has thus far possessed or known! 

It is a pleasing task to look back, and trace the pro¬ 
gression of impulses and influences, which have been 
propagated through many ages, and at length brought 
to act with almost undiminished power upon ourselves. 
We have seen the manifestations of that great law, 
both in the physical and mental world, that nothing is 
lost. The vapor of to-day is the tempest or shower of 
to-morrow. Now, we have a senseless clod at our 
feet; which next is an apple, ora man; and, last of all, 
it is a clod again. So, thought never perishes: it is as 
immortal as the mind. Like the spirit that thinks, it 
only takes different forms. The deed of yesterday has 
become the recollection of to-day. It is a conception 
to-morrow, and next day an element, a trait, a color, 
in some splendid picture or achievement of the mind. 
It may transfer itself to canvas, or to stone. Perhaps 
it shapes the slender shaft, or carves the figured capi¬ 
tal, of the columns of some model of architectural 
beauty. It may spread itself out in a wide landscape, 
wrought to perfection by the hand of art, adorned with 
mounds, flowers, and spouting fountains. In the pos¬ 
session of another genius, it becomes a book, a poem, 
a treatise of law or science, a novum organum in phi¬ 
losophy, with an influence as lasting as the mind. 

Revolutions in society-, and the ideas which cause 
them, are equally lasting in their effects. An ingen¬ 
ious mind might construct a chain of these great 
events; and it would he a sublime employment to trace 
it backward, link by link, till we should reach thatfirst 


one held by the hand of Adam, when the chorus of 
angels celebrated the birth of time. But this we may 
not do now. Let it suffice, that the last link is held 
by the genius of Anglo-American civilization. Around 
that blessed genius let us form a glorious family circle. 
Let hand be joined in hand, until every brother and 
sister of us are thus united. Then, keeping up our 
connection with our presiding genius, as the spirit of 
the past runs down the chain, and the electric power 
of heaven itself passes and flashes along its links, the 
whole will become a line of living influences, pouring 
a steady stream of impulse and activity into the hearts 
of the last and best race of men. 

But I must now close. I have tasked the attention 
too long. For all the reasons I have assigned, I am 
not sorry that the old race of Americans is passing off, 
and that a new and better one is coming forward.— 
Though the one event is mournful, indeed, the other 
is full of hope and joy. But I have not written to 
flatter my reader’s prejudices, nor to exalt his pride. 
The goodness of Divine Providence should lead us to 
be grateful and humble in the use of his benefactions. 
We should see only- our responsibility in our dignified 
position; and so, in conclusion, I will earnestly exhort 
my reader to get down upon his knees, and thank God 
sincerely, that his own lot has been cast with this new 
people—that he has seen the dawning glory of this 
great race of Anglo-Americans. 

The New Constitution Question. 

With a fair and proper understanding of the ques¬ 
tion, we have no doubt the People of this State would 
decide by a very large majority in favor of calling a 
convention to frame a New Constitution. The ques¬ 
tion, it is true, has no regularly organized opposition, 
no loud declamation from stump orators and no lead¬ 
ing press against it, yet, it is from these very causes 
that danger is to be apprehended. From the reading 
of the Constitution, we observe that all votes not FOR 
are counted AGAINST a Convention ! So that “neu¬ 
trals” count just the same as negative votes:—And 
this is the only danger of defeating the measure—its 
friends being too sanguine of success will not vote at 
all, and by that means unintentionally permit, in each 
instance, one more vote to be registered against this 
wholesome and much needed reform Will ourfrieuds 
view this matter properly? and will the press through¬ 
out the state speak of it, so that all the people inter¬ 
ested may vote “YEA!” Pass it along the whole line, 
that “he who is not for, is against.” — Greenville Her¬ 
ald. 

The Austrian and Russian Barbarities. —The Aus¬ 
trians and Russians still continue their most infamous 
atrocities. Haynau, as if desiring to win eternal infa¬ 
my, is carrying out the barbarous threat entertained in 
his last proclamation. He has burned down a town 
because the inhabitants did not give him a friendly¬ 
greeting. The Russians have hung the Hungarian 
Bishop Popovich, and Haynau is laying the Jews under 
the most oppressive exactions. The Jews of Buda 
have demanded that their property shall be valued, in 
order to prove that the contribution imposed on them 
by Gen. Haynau will absorb all they have. They talk 
of emigrating to the United States. 

Troops for Florida. —The Savannah Republican, 
of the 24th, says : 

“ The company L, 2d Artillery, U. S. A., stationed 
at Oglethorpe Barracks, in this city, Major Loud com¬ 
manding, left y-eslerday afternoon at 4 o’clock, on the 
steamer Ocmulgee, Capt. Wilson, for St. Augustine, 
Florida. Lieuts. Merchant and Taylor, belonging to 
the company, accompanied Major Loud.” 









THE NEW CONSTITUTION. 


40 t 


From the Toronto correspomlentof the Ohio Statesman. 

CANADIAN ANNEXATION. 

Toronto, Canada West, Aug. 20, 1849. 

Col. Medary —My Dear Sir: From what appeared 
in my last letter, you will be able to form a pretty cor¬ 
rect estimate of the character of the Canadian toiies, 
and what may be expected from them as a party, to¬ 
wards consummating the great question of Canadian 
Annexation. Their principles are too well known 
here, to receive any favorable consideration, by those 
who are friendly to republican government; and the 
real motive of their incendiary and unconstitutional 
movement, may be traced to their hatred to the exer¬ 
cise of the power of the people, as honestly expressed 
by them through their agents, in Parliament. If the 
British American Colonies ever become members of 
your great and powerful confederacy, I will give you 
my word for it that the Canadian tories will adhere 
with as much tenacity to the interests of Great Britain 
as did the torips of the old colonies when opposing 
your forefathers in wresting their liberties from British 
tyrants. 

To whom, then, are we to look for the consumma¬ 
tion of that full share of independence that the friends 
of progression in Canada and her sister colonies in 
North America are looking forward to with longing 
eyes and pleasing anticipations? 

In my last I promised your readers a brief history of 
the present Canadian administration, and what might 
be expected from them in effecting a radical change in 
the government of this colony. To redeem that pro¬ 
mise, I shall be obliged to omit much that would be 
interesting, especially as a matter of history, in order 
that I may bring this portion of my subject to a close, 
within the space usually allotted a newspaper corres¬ 
pondent. 

The present administration, although liberal in their 
policy, are not radical, and therefore they will not be 
likely to take a bold stand in favor of civil and religious 
liberty. In point of numbers they represent the views 
and feelings of four-fifths of the entire population of 
the country, on the great questions of reform that have 
heretofore agitated the public mind, but I doubt wheth¬ 
er they will show themselves worthy of the confidence 
of that portion of our population whose interests and 
views they are supposed to represent. The last elec¬ 
tion exhibited a mighty struggle between the two con¬ 
tending parties, for liberty or oppression. The liberal 
party contended that the Governor should be shielded 
from responsibility, placing it upon the shoulders of 
their own chosen servants; and the conservative party 
desired that the Governor should be held responsible for 
the acts of his cabinet, or in other words, the power of 
legislation should be virtually vested in a Governor, 
who is a perfect stranger to the wants of the peo¬ 
ple, and knows nothing of the resources of the coun¬ 
try, and who is also liable to be recalled at any moment 
the colonial minister may choose to appoint a successor. 
The present cabinet rode into power upon the great 
question of responsible government, which has now 
become the settled policy of colonial government, by 
all really intelligent British statesmen. The leaders of 
the administration, although in many respects are able 
statesmen, yet they are not the men who should exer¬ 
cise a controlling influence over the affairs of the colo¬ 
ny at this particular juncture. 

Those who have correct notions of what really con¬ 
stitutes the freedom of the people, and the benefits to 
be derived from the establishment of equal rights and 
privileges among all classes, require; 1st that a fair and 
equal system of representation shall be adopted, based 
strictly upon the equalisation of population. 2d that the 
entire public revenue of the colony shall be placed un- 


cer the control of parliament, thus abolishing the enor¬ 
mous civil list, with which the colony is burdened 
through the act of union. 3d That the revenue from 
the clergy reserves which originally constituted one 
seventh of the entire public domain, instead of being 
paid to some half dozen corrupt sectarian bodies of 
Christians, should be employed in educating the youth 
of the country. 4th That a just and equitable system 
of taxation be enacted, by which the rich and poor will 
contribute equally towards the expenses of government, 
and for the administration of justice, in proportion to 
the actual value of their property, whether it be in lan¬ 
ded or personal property, or their means be invested in 
stocks &e. 5th The reduction of the salaries of pub¬ 
lic officers, so as to put office holders on a common level 
with other classes, in which a similar amouut of talent 
is required to creditably perform their several duties. 
6th The overhauling the whole system cf judicature 
from the court of chancery down to the common divi¬ 
sion court, simplifying the whole machinery of the 
several courts so that the ends of justice may be at¬ 
tained without subjecting contending litigants, to the 
enormous expense and trouble, and in most cases ruin, 
they are obliged at present to undergo. 7th The break¬ 
ing up every discription of monopolies, that have been 
established, during the past fifty years, under the vari¬ 
ous administrations, over which the people in reality 
had no controling influence. 8th The extension of uni¬ 
versal suffrage and vote by ballot as understood, in 
your model republic, thus extending to the laboring 
population, that share of the government of the country 
that in truth belongs to every' freemen in North Amer¬ 
ica. 

I might go on and multiply thislist to the end of the 
chapter, by the various acts of reform that are required 
in Canada, before she will be a fit member for admit¬ 
tance into the American Union. Now the question 
comes up, what proportion of those reforms will be 
effected under the existing administration? Without 
claiming the spirit of prophesy, I will venture the opin¬ 
ion that barely mention will be made of a single one of 
them on the floor of Parliament, by either the ministry 
or their supporters, during the three years they may re¬ 
main in power. From whom may we look for a vigo¬ 
rous action in this matter? Is it reasonable to expect 
any thing from the British American league, whose 
very existence as a party' may be traced to their hostili¬ 
ty to wholesome liberal and just measures? Echo 
from the ashes of the Parliament buildings and public 
libraries answers no. To whom then shall we look for 
succor in those perilous times? Can we rely upon the 
aid of the one hundred and odd party political papers 
in extending our liberties, and in assisting the people 
of this fine country to get rid of a connection, that no 
longer can be considered profitable or desirable, by the 
true friends of the colony? The opposition of the 
tory T press to every liberal movement, and the govern¬ 
ment patronage to the liberal press; furnishes a nega¬ 
tive answer to this question- To whom then are we to 
look for the establishment of a cheap, simple and eco¬ 
nomical system of government, which in every respect 
will be suited to the wants of the people, and at the 
same time be calculated to develope the agricultural, 
manufacturing and mineral resources, of this natu¬ 
rally highly favored portion of north America? Com¬ 
mon sense, here furnishes an answer, that this great 
boon can, legitimately, in no other way be had, than 
through the agency of the people themselves. 

Out of the sixty odd liberal members in the Legisla¬ 
ture, who are bound in honor to sustain the present 
cabinet while in power, there are at least forty who are 
in every respect divested of every feeling that as¬ 
sumes the appearance of British prejudice, and who 
possess a nationality of feeling that entitle them at 









2S8 THE NEW CONSTITUTION 


once to the glorious appellation of freemen. The cab¬ 
inet itself is composed of some of the same material, 
but not of that sterling character, as would give a 
healthy, vigorous tone to its measures. I have taken 
much pains in analyzing the present ministry and their 
supporters in parliament, and I must confess that the 
friends of annexation have but little to hope from that 
quarter. 

The Colonial policy of Great Britain is in such a con¬ 
fused and undefined state, that I expect before the close 
of another session of the Canadian parliament, a colli¬ 
sion will be produced between the two Governments. 
A powerful party in England have resolved upon sat¬ 
isfying, if possible, the Canadian Tories, and in doing 
so, I anticipate that the Colonial Minister will be in¬ 
structed, some of these days, to order the Governor to 
reserve such acts of the liberal administration for the 
royal sanction as may be deemed too democratic for the 
Colonial aristocracy. The whigs in England would 
be less likely to issue such a mandate, than would the 
British tories, but nevertheless, if an attempt should be 
made by the Colonists to extend universal suffrage, vote 
by ballot, the abolition of the civil list, or any other of 
the liberal measures that are required to make the Col¬ 
onists a happy and free people, the vetoing power would 
unquestionably be exercised by the Queen of Great 
Britain. The time will soon come, when difficulties of 
this kind will be ushered in upon us when we little ex¬ 
pect it, and not till then, will the freemen of Canada 
have an opportunity of uniting their energies in effect¬ 
ing that which has been the ostensible subject of my 
correspondence. 

The moment the wheels of practical and useful leg¬ 
islation become clogged by the interference of the pa¬ 
rent state, will every man who is a Canadian and free¬ 
man at heart, embrace the opportunity of throwing off 
a connection that is only calculated to tie down the 
energies of the people. The day is not far distant, 
when the tories in England will again come into power, 
and when that is effected I shall take it as a signal for 
the seperation of the Colonies from the parent country. 

England may prosper under a tory government, but 
I view it as a self-evident axiom, that toryism, let it as¬ 
sume whatsoever appellation it may, is ill suited for any 
portion of North America, and no administration can 
long exist that boasts in bolstering up exclusive privi¬ 
leges, and adopts as its motto, CLASS LEGISLATION. I 
would again repeat, that the enemies of popular rights 
in England, will be careful in tolerating a more liberal 
system of government in the Colonies than what exists 
at home, and the moment the Colonists evince a desire 
to run too fast, will thev be checked in their onward 
career, by the vetoing power, held by the parent State. 
If tlie British-American Colonies were located with 
their present enlightened inhabitants, in Asia, a slow 
system of carrying on popular government based upon 
the genius of the British Constitution, might be found 
adapted to the wants of the people. But located as these 
Colonies are, a long side of the most powerful and libe¬ 
ral Government in the world, possessing endless re¬ 
sources, and means to encourage the developement of 
the aenius of all classes and ranks of her people, I main¬ 
tain that the Colonies cannot substantially prosper with 
a system of Government less liberal than the one pos¬ 
sessed by their neighbors. 

So long as we are Colonies will the capitalists of Eng¬ 
land, and other portions of the world.be jealous of our 
ability to pay the interests and dividends on borrowed 
capital. Without a nationality of character, we shall 
be mere cyphers,and employed only as a cat’s paw, to 
do the bidding of our Royal Masters. So long as we 
continue a part and parcel of the British Empire, will 
the tide of ‘emigration be turned from our shores, and 
our most intelligent and enterprising young men will 


J look out a field to employ their ambition, among the 
free and enlightened citizens of your Republic. 

In my next, I will give you a brief detail of the ben¬ 
efits that the entire British American Colonies would 
derive by being admitted into vour Model Republic. 

A BRITISH CANADIAN 


The Cities of California. 

The Alta California contains a list of the names, sit¬ 
uations, proprietors, &c., of the various new “cities” 
which are springing up on or near the shores of the 
Pacific, and in the vicinity of the Bay of San Francis¬ 
co, under the influence of the “golden wand” which 
has beckoned the immense emigration to that distant 
land. Each of these cities is advertised as better than 
the other, and possessing advantages which can “never 
be equalled elsewhere.” In giving the list, the Alta 
California expresses doubt as to the supposed advanta¬ 
ges of some of the locations, warns its readers not to be 
carried away by speculations which may be founded 
upon no substantial basis, and advises purchasers to 
prove for themselves the advantages and disadvanta¬ 
ges of the several “cities.” 

We give the list of “cities” in brief as follows: 

Fremont. —A town laid out by Jonas Spect, on the 
west bank of the Sacramento river, opposite the mouth 
of Feather River. 

Vernon. —East bank of the Featherriver, at its con¬ 
fluence with the Sacramento. 

Boston. —On the north bank of the Rio Americano, 
a few miles above its confluence with the Sacramento. 

Sacramento City. —On the site of the celebrated 
Sutter’s Fort. 

Sutter City. —On the east bank of the Sacramento, 
a few miles below Sacramento city. 

Webster.— On the east bank of Sacramento river, 9 
miles below Sacramento city. 

Suison. —On the west bank of the Rio Sacramento, 
80 miles from San Francisco. 

Tuolumne City. —At the head of navigation of 
the Tuolumne river. 

Stanislaus. —On the north bank of the Stanislaus 
river. 

Stocton. —Situated on a slough orsloughs which con¬ 
tain the back waters formed by the junction of the 
Sacramento and San Joaquin. 

New York upon the Pacific. —This city is located 
at the mouth of the San Joaquin. 

Benecia. —On the Straits of Carquinez—35 miles 
from the ocean. 

Martinez, —Opposite Benecia. 

Napa. —On the banks of Napa Creek, 48 miles north 
of San Francisco. 

Sonoma. —Is in the valley of the same name, 3 miles 
from Sonoma Creek. 

St. Louis. —On the Sonoma Creek. 

San Rafel. —On the north side of the Bay of San 
Francisco. 

Saucelito. —On the Bay of SanjFrancisco, at the en¬ 
trance to the harbor. 


THE NEW CONSTITUTION. 

BY S. MED ARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ “ “ 10 00 

O’All Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
nadvance. 










THE NEW CONSTITUTION 


“POWER is always stealing from the many to the few.” 


Vol. I. Columbus,Ohio, Saturday, September 8, 1849. No. 19 


Indiana—Her New Constitution. 

Ia Indiana, at the late election, the opponents of 
Constitutional reform did their utmost to prevent the 
people from voting for the call of a Convention to give 
to that flourishing member of the American confeder¬ 
acy, a Constitution suited to the times and to her peo¬ 
ple. But it was in vain ! The people knew and felt 
that the constitution, which is now the fundamental 
law of the state, was unsuited to the present condition 
of things, and they decided in favor of a new Consti¬ 
tution, and they decided wisely. 

Indiana suffers under the infliction of a heavy state 
debt which once nearly drove her to repudiation. She 
Is now able to meet the interest, and as her resources 
are developed, to pay the principal, if the debt be not 
increased. In the Convention which will meet next 
summei, care will be taken, to prevent such an in¬ 
crease, without the consent of the people, and when 
that safe-guard is thrown around the tax-paver of that 
state, the fears of an ultimate repudiation of the state 
debt, in consequence of hasty and ill-advised Legisla¬ 
tion, will be banished. Economy will be introduced 
into all the departments and the cost of government 
can, and we doubt not will be, greatly curtailed. 

Her Judiciary, too, will be improved, as was that of 
Mississippi, New York, and other states, where the 
Judges have to undergo the ordeal of the ballot box, 
and their fitnoss for the station canvassed by the peo¬ 
ple, instead of being elected by the Legislature or ap¬ 
pointed by the Governor. 

Taking advantage of the experience of other states, 
and engrafting in her organic law, the sections of the 
different Constitutions, which experience hath shown 
to be protective of popular rights, we hazard but little 
in saying, that the new Constitution of Indiana, when 
formed, will be the best in the Union, if indeed the new 
Constitution for Ohio is not formed before that of In¬ 
diana. If not, we can profit by their example. 

Constitutional Reform in North-Western Ohio. 

The 6th resolution adopted by the Henry county 
Democratic Convention, which met at Napoleon dur¬ 
ing the present month, is as follows: 

“6. That we are in favor of a Convention to remodel 
the present Constitution of the State of Ohio, in such 
a manner as to give the people the privilege of electing 
all officers now appointed by the Governor of the State 
and elected by the Legislature of the same, and such 
other amendments as are consistent with the genius of 
the age and in accordance with the principles of Re¬ 
publicanism.” 


THE CARBONARI. 

We give to-day, under the above head, an article 
from the'New York Albion, showing the origin,designs, 
&c., of the famed Carbonari of Italy, which will be 
read with interest. The Albion, is avowedly English 
Tory in politics; and like all articles from the able pen 
of its editor, the one under consideration, is tinged with 
the misrepresentations of which Tory writers are pro¬ 
verbial, whenever speaking of men striking for en¬ 
larged liberty to the masses. The reader however can 
easily sift the wheat from the chaff. 

The article teaches us an important lesson,—a lesson 
alas too often taught, in the history of the democratic 
movements of the world. It is, that in trusting to 
leaders, the people have been betrayed, and the re¬ 
form movements of all ages have been stayed. While 
tne power is kept in the hands of the masses, this can 
never be done, but when transferred to a few—or when 
the many are dependent on leaders for the word and 
the time for action, they are generally betrayed, and 
the rich prize of enlarged liberty, seemingly within 
their grasp, vanishes. It was so in France in her 
first revolution—it was so in France, when for a second 
time a Bourbon King was driven from her borders, and 
we fear that that gallant people are doomed to a third 
defeat, by trusting her destines to one who had but a 
name to reccommend him. The Barons, in the time 
of King John, failed in their promises of freeing the 
people, when Magna Charta was wrung from his reluc¬ 
tant grasp—the Chartists of England have failed by 
trusting to others, and Ireland was enslaved by the 
members of her own Parliament; and if the sad news 
we receive from Hungary be true, her gallant cause, 
on the eve of a success which cheered and animated 
the breast of every lover of liberty, has been betrayed 
by Georgey, one of her own trusted sons, and Hun¬ 
gary has fallen beneath the swords of the Cossacks 
and the Austrians, by the treachery of one of her own 
leaders. 

A people to be free, themselves must strike the blow 
—depending upon themselves, and not upon leaders, 
for the success of their cause. 

The Carbonari were betrayed by forgeting the adage, 
“put not your trust in Princes,” and that too, at a time 
when success was about to crown their efforts. If men 
long in power, are the sincere friends of popular move¬ 
ments, the tendency of which are to give additional 
power to the people, it is but an exception which goe s 

























290 


THE NEW CONSTITUTION. 


to make up the general rule, which finds them in se¬ 
cret or in open hostility to the measure. It has beeuso 
in Europe—it is so in our own country. Take the 
men of Ohio, who hold office, having long terms to 
run, and who are elected by the Legislature or appoint¬ 
ed by the Courts, and but lew are found in favor of a 
change of Constitution, which will compel them to 
pass the ordeal of the ballot box, and of a public dis¬ 
cussion of their claims, when candidates for re-election. 
A case in point, is shown in the Journal of this city, a 
few days since, in the statement made by that sheet 
that a Judge of the Supreme Court, forgetful of the 
respect due his station has entered the arena against a 
new Constitution for Ohio, and still more forgetful of 
the respect due to himself, stated that, in relation to the 
Judiciary system, as an argument against a new Con¬ 
stitution, which is not only untrue in fact, but is easily 
shown to be so. 

‘Power is ever stealing from the mauy to the few,’ 
and it is to enforce upon the masses, the absolute ne¬ 
cessity of rallying with determined mind to the de¬ 
fense of their own rights,so as to give to our beautiful 
State a new Charter, which will be the model Consti¬ 
tution of this model Republic of the world, that we 
have been led into this seeming digression. 

The Carbonari of Italy were a band of men deeply 
imbued with the democratic spirit, and anxious to give 
equal rights and equal laws to their fellow men.— 
Though hunted down like wild beasts, and forced to 
disguise themselves, and, for safety, to hold their meet¬ 
ings in caves, yet still they kept the flame of liberty 
burning, when else it would have been smothered by 
tyranny. That such men should be charged with 
crimes and with profanity, is not to be wondered at.— 
Hunted down like men guilty of fearful crimes—not 
daring to show their faces among their fellow men, in 
public, for the gallows followed detection; perhaps in 
the very spirit of revenge, they did commit crimes, yet 
they are not all to be branded as criminals because 
some of them, unwilling to brook further persecution 
laid some of their oppressors low. Living in limes, 
and in a land where the name of Maker of the Universe, 
was used as a check for tyranny' and oppression—where 
the men who subverted the liberties of the country, 
impiously claimed to be the “Lord’s annointed,” and by 
the “Grace of God to rule,” with merciless severity, 
the land cursed by their presence, it is not to be wan¬ 
dered at, if the Carbonari were guilty of profanity, 
though that they were guilty of this crime, or of any 
other, remains yet to le proved. The Albion charges 
that they called their Maker “good cousin,” and upon 
this, is the charge made. The term cousin, as used, 
had but the meaning of friend, and was applied alike to 
the God to whom they looked for smiles upon their 
undertaking to deliver their country from bondage, and 
to the owners of the stout hearts and strong arms beside 
them. If they believed Heaven was not their friend, 
their hopes of ultimate success would have been light. 


The Albion has not one word to say to the impious 
and infamous proclamation of tho Russian Autocrat 
wherein he avowed that the object of turning his wild 
and barbarous Cossacks upon Hungary', to crush the 
spirit of liberty among that brave people, was for the 
cause of religion—for the love of God and the estab¬ 
lishment of His Church. The Czar of Russia, the pro¬ 
tector of religion, when his own subjects are steeped to 
the lips in ignorance, and whose acts of cold blooded 
ferocities, have given them a world wide infamy! He 
escapes the animadversion of the Albion,y'et the Carbon¬ 
ari calling their Maker by' the name of good friend (for 
such, we repeat, is but the plain meaning of the term, 
cousin as used,) is profanity! One of the most potent 
weapons used against reformers, the world over, is that 
of infidelity and profanity, and this weapon, the Albion 
uses with much skill. 

The liberty loving spirit of the Carbonari, is not yet 
extinct. When Italy rose, during the present summer, 
and proclaimed a Republic, that spirit assisted in the 
baptism of the new government, and though seemingly 
it was put down by the bayonets of P rance, Naples 
and Austria, yet means must be found to shackle men’s 
free thoughts, ere such a spirit can be subdued by op¬ 
pression. 

The Carbonari show how deeply freedom is loved, in 
the midst of oppression, and as a part of the plan of 
our publication is to give, as far as we can, a history of 
the efforts at reform in all lands, we present the article 
from the Albion to our readers, again warning them of 
the Tory spirit of the writer, and that what he says 
against these advocates of, Republican reform is to be 
received with the same caution that they receive the 
abuse that is heaped upon the head of the Constitution¬ 
al reformers in Ohio, by those whose interest it is to 
slander them for the purpose of weakening their ef¬ 
forts. 

Constitutional Reform. 

Amongst the various reforms proposed in the new 
Constitution is one which meets our most decided ap¬ 
probation. The people of Ohio have to bare a tax eve¬ 
ry year of thousands and thousands of dollars for the 
passage of Laws, which nineteen twentieths of her 
people never see, and which if they did see them, 
would not interest them more than to hear, of a fight 
between two disputants, the one contending that The 
inhabitants of the moon were dwarfs and the other 
that they were giants. 

Nearly one half of the time of each sesion of the 
Legislature is occupied in passing Laws for the incor¬ 
poration of some ’Village or Church, and granting 
charters tor Rail-Roads, Turnpikes and Canals ; where¬ 
as, if the Constitution were so amended that a general 
Law could be passed, in which would be murged all the 
laws which now so unnecessaaily claim so much of the 
time of our Legislatures, and by that means save a 
large amount of the peoples money every year, we 
think it would certainly meet the approbation of every 
tax payer in the State .—Upper Sand uskij Pioneer. 

O’ The wisdom of our ancestors is the usual topic 
j whenever the folly of their descendants is tobedefend- 
| e< ** [Sidney Smith. 






THE NEW CONSTITUTION. 


291 


Written for “The New Constitution.” 

Necessity" of a New Constitution. 

Mr. Editor :—Although much has alreay been writ¬ 
ten and said on the subject of constitutional reform in 
Ohio, and arguments sufficient to convince every can¬ 
did mind, not only of the utility, but the absolute ne¬ 
cessity of remodeling the fundamental law of the 
State, have been laid before the people of Ohio, through 
the medium of your most excellent publication, the 
New Constitution; yet it is evident that there are 
many citizens of this State who are opposed to this 
needful measure of reform. And their opposition is 
the more dangerous from their continued silence on this 
subject. Would they but speak out their sentiments 
and give the friends of reform an opportunity to ex¬ 
amine their objections in detail, the public mind could 
not long hesitate in choosing between truth and error, 
and declaring in favor of progress and reform. 

But judging from what little light and information 
we are able to glean from various sources, their objec¬ 
tions, real or pretended, may be summed up as follows: 
That a reform is not demanded or desired by the peo¬ 
ple, the subject only being agitated by a few selfish 
politicians, for selfish and party purposes; that a change 
is unnecessary, the present constitution being sufficient 
to answer all the ends of government, viz: to secure 
the life, liberty and the happiness of the people; all its 
defects, and all the evils complained of as growing out 
of it, being such as may be remedied by wise and ju¬ 
dicious legislation; that it is running too great a haz- 
zard to return all powers into the hands of the people, 
in times of such violent party strife; and, lastly, that it 
is an innovation upon the established order of things, 
which should never be permitted while such order of 
things is even tolerable to be endured. 

In answer to the first objection, it is easy to see that 
“this silence on the part of the people” is not at all “in¬ 
dicative of their disapprobation of the measure.” It is 
a well known fact, that the many evils sought to be 
remedied by the contemplated change, have for years 
agitated the public mind. And numerous and violent 
have been the efforts of the people to rid themselves of 
them. But the great difficulty has been that they have 
been blinded to the true source ot the mischief, and 
consequently, have looked to the wrong source for re¬ 
dress. They have looked to “the powers that be” for 
redress, when the remedy was in their own hands.— 
Besides, there are no people more attached to the insti¬ 
tutions established by their fathers, and under whose 
benign influence they have so long enjoyed the bless¬ 
ings of freedom and political liberty, than are the citi¬ 
zens of Ohio. And none would be more loth to un¬ 
necessarily touch a single feature in this venerable in¬ 
stitution than they. Another and still stronger reason 
for this apparent apathy on their part heretofore, has 
been that the question has never been brought be¬ 
fore them in a tangible form; and, as remarked by Mr. 
Pennington in his report to the legislature of last win¬ 
ter, “it is not a party question, and has never influenced 
the election of members to the legislature, one way or 
the other.” Had it, like all other measures of impor¬ 
tance, been made a party question, (which it never 
should be) there is no doubt but that the people would 
long ago have expressed themselves in (avor of the 
much needed change, and this question have been set¬ 
tled years ago. But this objection, so faras submitting 
the question to the people is concerned, must certainly 
fall to the ground, when we consider the incipient 
measures taken by the legislature of last winter, and 
to be taken by the people at the fall election, are but for 
the purpose of obtaining an expression of the will of 
the people in regard to contemplated reform. 

As to the charge that this measure has only been 


urged by designing politicians, and for party and selfish 
purposes, it requires but a moments reflection, that it is 
much more applicable to the opposers than the advocates 
of reform. It is reasonable to suppose that the poli¬ 
tician who has trampled with impunity upon the rights 
of his constituents, disregarding the provisions of the 
fundamental law under which he acts, and which he is 
sworn to support, as an officer of the government, will 
be the one to throw himself upon the suffrages of an 
outraged constituency, or submit his official acts and 
conduct to the judgment of the whole people. 

Or, is it probable, that a set of designing men who 
have been long pursuing a settled course of policy for 
the purpose of “stealing the power from the many” 
and placing it in the hands of the “few,” and who are 
constantly seeking to give capital every advantage over 
labor, skill and industry, and who would place the 
whole power of the government in the hands of 
moneyed, or other corporate bodies, would be willing, 
any oftener than could be possibly avoided, to return 
all power into the hands of the people for their cor¬ 
rection and revision? No, so far is this from being the 
case that the very contrary is true. The words change 
and reform are portentious and melancholy sounds to 
the ear of the demagogue and the despot, but the friends 
of the people fear them not; they have no terrors for 
them; but in the dark hours of oppression and tyranny 
they are their very watchwords and star of hope. 

In answer to the second objection—that our present 
constitution is sufficient to answer all the ends of gov¬ 
ernment, it is but necessary to reply that experience has 
shown the contrary to be the truth; and the facts have 
shown that aside from establishing the number and du¬ 
ties of the state officers, the manner of their election, 
and the general division of the departments of the gov¬ 
ernment, it is no better than no constitution at all.— 
Its elementary principles being laid down in such 
“general terms” that cunning and designing politicians 
and demagogues, have never been at a loss to find some 
pretext for violating its plainest provisions. And as for 
its being in the power of the legislature to reform all 
the evils, and correct all the abuses which have crept 
into our system; it is certain that if they have the pow¬ 
er, they have not yet shown any inclination to do so. 
That they have ample power to correct many of them, 
no one doubts; but that they have the power to correct 
all, is not so certain, especially those consequent upon 
the present organization of the judiciary, and the ap¬ 
pointment of the judges by the legislature, the evils of 
which have been fully examined and pointed out in de¬ 
tail by other writers. But what signifies it that the 
legislature have the power to redress those evils, when 
it is that very power which has been used to force 
nearly the whole burthen upon the people of which 
they now complain. Whence originated an immense 
State debt of twenty millions of dollars, but from un¬ 
wise and unrestrained legislation? And while the peo¬ 
ple were demanding its liquidation, expressing a will¬ 
ingness to be taxed to the utmost extremity, that the 
wheels of government might be unclogged, and them¬ 
selves relieved from a heavy burthen. Whence origi¬ 
nated that financial system based upon this very debt, 
and making the whole commercial policy and financial 
operations of the State, to depend on its very existence, 
thus rendering perpetual, one of the greatest curses 01 
a free government, but from the power of the legisla¬ 
ture? Who is it but this same legislature, from whom 
so much good is expected, that has trampled with impu¬ 
nity upon the very charter of our liberties,and assumed 
to themselves,powers and privileges unwarranted,either 
by the constitution or precedent. There is, then, but 
little to be hoped for from legislation, without a great 
and material change in their course of policy, but to 











20 3 


THE NEW CONSTITUTION. 


the people themselves, in their original capacity, must 
we look for relief. 

To the third objection—that it is running too great 
a hazzard, to return all power into the hands of the 
people, in the times of such violent party strife. To 
urge such an objection is but to postpone indefinitely, 
and probably forever, the day of reform; if we are to 
“wait until the going down of the sun of political 
strife,” and “the cessation of political acrimonythe 
history of the past tells us we may long wait in vain, 
for there is not a constitution in these United States 
(not even excepting our federal constitution, or the old 
articles of confederation between the States) but what 
was framed amid scenes of party strife and bitterness; but 
that spirit of concession and compromise, so character¬ 
istic of the American people has ever been found to 
lirevail in all their deliberations, and give a tone of 
candor to all their proceedings. And certainly it will 
not be said that the people of Ohio, of the present gen¬ 
eration, are inferior to those of other States, or of their 
ancestors, in wisdom, patriotism, or love of peace and 
harmony. 

The fourth and last objection, to say the least of it, 
is the tyrants plea—rather submit to wrong than make 
an innovation upon established evils. It has been well 
remarked “that every step that has ever been taken by 
the world towards civilization, light, knowledge and 
civil liberty, has been an innovation upon the established 
order of things.” Why then should we be afraid of 
innovation, and experiment. If we look at the history 
of scientific discoveries, wo will find that the truth has 
generally been found by first exhausting, and proving 
false, all the errors of a system, or theory; and our 
whole system of government is but an innovation up¬ 
on the whole theory and practice of the governments 
of the old countries. 

In conclusion, it appears to me that every candid 
mind must be prepared, from an impartial and un¬ 
prejudiced view of the whole subject, to admit, that 
the safety, prosperity, and happine s of our citizens de¬ 
mands the return of all power into their hands, so that 
when they again delegate it to their representatives, 
they may throw around them such shields and barriers 
as shall protect them from the future inroads of tyran¬ 
ny and usurpation. 

There are two means which have ever been employ¬ 
ed to enslave a nation—an unwarranted and gradual 
assumption of power by their rulers, or by the conquest 
of the sword of some foreign enemy. 

From the latter source we have no reason to fear 
any danger, but again*- the former, the American peo¬ 
ple cannot be to often warned, or too strongly guarded; 
and were it not for the intelligence and patriotism of 
her citizens,Ohio might be already considered as having 
passed that boundary, over which she could never re¬ 
turn without a violent struggle, accompanied perhaps 
with civil war, revolution and bloodshed. To the care¬ 
less observer, this assertion might appear to be unwar¬ 
ranted; but let us for one moment look at the present 
state of affairs, in the government of the state. If all 
is peace and quiet and safety, what means those scenes 
of riot, confusion and violent contention which have 
taken place at our capital for the two last winters, and 
the cry of revolution which has come up from almost 
every part of the State? It may be said that this is all 
party humbug, and the work of scheming politicians. 
It is well enough for the favored ones to cry peace, and 
fee! content, and those who enjoy privileges of which 
their fellow citizens are deprived, to tell us that ell’s 
well. But those who see and feel the “moneyed mon¬ 
ster” fastening his fangs upon the very vitals of their 
liberties, usurping the powers of the government,con¬ 
trolling their election, and claiming an exemption 


from all the burthens of government, can never submit 
I to such wrongs, while they have a tongue to speak, or 
J an arm to strike for liberty. And those thousands of 
our citizens who have been disfranchised, can never'be 
expected to submit in quiet to such outrages, while one 
drop of their native blood courses through their veins. 
Nor can it reasonably be expected that the people of 
the State cf Ohio, will, without a struggle or an effort, 
see her organic law trampled under foot, and its plain¬ 
est provisions disregarded for the accomplishment of 
selfish and partv purposes. 

All these abuses demand reform, and there is no 
doubt, that the opposition of the enemies of this mea¬ 
sure will meet with a stern rebuke at the coming elec¬ 
tion, when the people of Ohio will accomplish, through 
the ballot box, what other nations and States are strug¬ 
gling to accomplish with the sword—a restoration of 
the powers which have been wrested or stolen from 
them. K. 


Free Banking-— New Constitution. 

The most important subject, connected tvith that of 
Constitutional Reform, is that of Banking. We say 
that this subject is the most important, because those 
who control the money,control all industrial and com¬ 
mercial pursuits. They fix the price of labor, produce, 
and all other commodities, and by direct and indirect 
means regulate political affairs. How can a system of 
banking be adopted in Ohio that will be free from the 
evils and disasters, that have attended all previous sys¬ 
tems. The true course seems to us plain enough.— 
Open the business of banking to free competition, and 
compel those who issue their promises to pay, to deposits se¬ 
curity with the state, dollar for dollar, in the stock of the 
state of Ohio. You will thus secure the certain pay¬ 
ment and the redemption of the notes issued, and by 
destroying monopoly, and insecurity, remove most, if 
not all, of the objects to paper money. At all events, 
every man can see, and will admit such a system is 
vastly superior to any other, and the only one that is 
even tolerable.— 7'oledo Republican. 


Green Bat. —The following statement shows the 
number of acres of land entered in the Green Bay 


Land District during the first six months of the prese 
year: 

Gash entries. Warrants. Total. 
Acres. Acres. Acres. 

January, 

7,990 

15,920 

23.919 

February, 

4,458 

9,360 

13,828 

March, 

3.766 

13,840 

17,609 

April, 

1,772 

22,580 

24,352 

May, 

4.241 

46,640 

51,691 

June, 

10,084 

46,800 

56,884 

Total, 

38,324 

155,140 

188,464 


It is said that there is now more land entering in the 
above district than in any other in the Union. 


The Bound Island Affair. 

“La Palanga,” of the city of Mexico, of the 11th 
ultimo, has the following in regard to the movements 
of the body of men said to be encamped on Round Is¬ 
land:— 

“We learn from a positive and authentic source that 
some six hundred men, of the most turbulent class in 
New Orleans, are being enlisted with the ostensible ob¬ 
ject of proceeding to Yucatan to vindicate the honor of 
the volunteers expelled thence bySenor Bartachano for 
bad behavior; but in reality, these six hundred repro¬ 
bates will direct their movements to Tampico to favor 
the projected erection of the republic of the Sierra 
Madre.” 












IIE NEW CONSTITUTION. 


293 


From the New York Albion. 

TIIE CARBONARI. 

Political opinions in Italy had long been divided be¬ 
tween two distinct and opposite elements, which con¬ 
stantly militated against eacli other. These were the 
Guelphic and Ghibelline factions. They represented 
Italy and the Pope on one side, and Germany and the 
emperor on the other. The Guelphs were so called 
from Guelfo, of the great family of D’Este, who was 
made Duke of Bavaria by the emperor-elect, Arrigo 
IV., King of Germany and Italy, in the year 1069 ; 
and the Ghibeliines derived their origin from Corrado, 
Duke of Franconia, who succeeded to the throne of It¬ 
aly on the extinction of the Saxon dynasty in the 
year 1039, their name being taken from his German 
castle of Weibilingen. The Austrian claims on Italy 
were in virtue of the descent of their emperors from 
this house ; and the Ghibelline party was, therefore, 
that of foreign influence. The Guelphs, although they 
had first been raised to power by the Ghibeliines, soon 
became their antagonists, for they espoused the Italian 
cause when Pope Alexander II, arraigned the Emperor 
Arrigo before his pontificial tribunal, to answer for the 
simony of the German prelates, and other crimes 
against the church. Thus commenced the great con¬ 
test, which has continued through succeeding ages, to 
the present day, between the popes and the emperors, 
between Rome and Cresar ; and the two powerful sects 
kept up the struggle with unremitting virulence—the 
one being styled the Guelphic or Italian, and the other 
the Ghibelline or» German party. Produced by the 
long-sustained combat of these two political interests, 
a third element was at length called into existence in 
Italy ; and, gradually detaching itself from either, it 
finally attained a degree of vigor and extent which 
threatened to annihilate both. The third was the pop¬ 
ular element, or the element of progress. 

This plant, of rapid and luxuriant growth, was first 
eagerly cultivated by the Supreme pontiffs, but it was 
afterwards treacherously blighted by them. The 
prime minister of the just and humble religion of God 
made man—the great tribune of the people, raised by 
election and for his virtues to the first of earthly thrones 
at that time, the sovereign head of the universal church 
of the day—became an obstacle to the improvement 
and perfection of mankind. In this the see of Rome 
did but imitate its apostolic founder, who abandoned 
his Master in the hour of need and trial. St. Peter 
denied Christ numbered with the malefactors ; and the 
pastor monarch betrayed his flock and subjects when 
they were struggling against internal oppression and 
external invasion. 

But the principal of resistance only gained fresh 
elasticity by the attempt to crush it, and, deriving a new 
character from the opposition of the holy see, it burst 
forth in another garb when the monk Luther doffed the 
cowl,and preached the supremacy of the word of God 
ever the pretended infallibility of corrupt priestcraft. 

In the north of Europe it soon triumphed, but it had 
to struggle three centuries in Italy before it assumed a 
formidable and menacing attitude. It appeared at 
length, however, even to the south of the Alps. Pro¬ 
teus like, it had assumed another image, having become 
incarnate in the military and plebian reformerNapoIeon 
Bonaparte ; and the great Corsican soldier of fortune 
led the popular element from victory to victory, until 
he seated it on the throne, and bound its brows with 
the iron crown of Monza. A total defeat rapidly fol¬ 
lowed this signal triumph : and it was as suddenly pre¬ 
cipitated from the pinnacle of political greatness, as it 
had been unexpectedly raised to it. Like the vanquish¬ 
ed giants in the ancient Sicilian Mythology, the popu¬ 
lar element in Italy then buried itself in the bowels of 


the earth, where alone it existed in the secret meetings 
of the Carbonari, and where it degenerated to a fanat¬ 
ical and insatiable spirit of change. 

Carbonarism was a religious and political institution, 
imported from Egypt into Europe, which outlived suc¬ 
cessive generations and centuries under many differ¬ 
ent forms. It contributed powerfully towards the 
propagation of Christianity, as long as her dogmas and 
tenets promoted civilization ; and when the dark ages 
of blinded bigotry obscured her saving light, it labored 
for the reformation, by endeavoring to restore the 
church of Christ to her primitive purity. Met in sub¬ 
terraneous crypts and catacombs, the Carbonari swore 
fraternity and vowed fidelity to their cause ; and they 
also indulged in wild dreams of the unity and inde¬ 
pendence of the Italian peninsula, as well as of the re¬ 
generation of the church ; their favorite scheme being 
the formation of an Ausonian republic. Francis I. 
protected them, and his memory is consequently held 
by them in the greatest veneration ; and at a later pe¬ 
riod their power sufficed to overthrow the Spanish dy¬ 
nasty at Naples. 

An interval of apparent inaction on the part of the 
Carbonari then ensued, and they did not re-appear on 
the political stage of Europe until thrones and sceptres 
were falling on every side under the all-absorbing in¬ 
fluence of the French revolution. Their principles 
were belied on this occasion, and they served the anti- 
popular designs of the ambitious and intriguing Caro¬ 
line, Queen of Naples, for whom they organized in the 
caves of the Apennines, the Calabrian Vendee. They 
were subsequently treated with great favor by Murat, 
in the Kingdom of Naples, when he cherished hopes of 
reigning over the whole of Italy. Their sales became 
so powerful and well constituted, that they were fre¬ 
quently applied to for assistance by the government, 
when the ordinary police failed in arresting criminals 
and deserters, or obtaining secret political information. 
Functionaries, both civil and military, became secta¬ 
ries ; and the sales often procured for their members 
employment under government. The public offices 
were thus full of Carbonari ; and the army was like¬ 
wise, in a great measure, incorporated in their sect, as 
officers and soldiers joined in considerable numbers.— 
To so wide an extent did the affiliation of the latter 
reach, that their barracks were transformed into sales, 
and their time was taken up with political debates.— 
This was ruinous to subordination, and subversive of 
all discipline ; not only because an array ought never 
to be interested in politics, but also on account of the 
hierarchy of the Carbonari ; for the colonel of a regi¬ 
ment might thus find himself obliged by his oath to 
obey the orders of any one of his own corporals, who 
chanced to have risen more rapidly in the sale. This 
was the epoch, however, when the Carbonari were 
most formidable in Italy ; that is, from the year 1811 
to 1814. But an insurrection which they then foment¬ 
ed in the Abruzzi deprived them of the protection of 
King Joachim Murat, who thenceforward persecuted 
them. Their scheme for the unity and independence 
of Italy was, nevertheless, at one period, when they 
enjoyed his favor, on the point of being realized. 

The daring, ambitious, and vacillating character of 
Joachim—the instability of the French government, 
not yet consolidated by time—and the constant expos¬ 
ure of Bonaparte’s life, which was the only guarantee 
for the obedience of the army, for the respect of the 
population, and for the fears of other nations, induced 
some of the Carbonari to make an attempt to provide 
for a possible contingency which might rum France, 
and to save Italy from being involved in the general 
catastrophe which would probably ensue- They in 
sisted that a united kingdom offered the only chance of 
security for the Italian Statc-s, and that the iueompati- 






THE NEW CONSTITUTION. 


20 i 


bility and reciprocal aversion of the different provinces 
were not then likely to raise ony obstacle to the happy 
result of the project, as the whole peninsular was sub¬ 
ject at that time to similar laws, to the same system of 
financial administration, and to an equally military 
form of government. From the Alps to Etna the same 
desires prevailed, and similar welfare was enjoyed : 
these being the elements of the life and strength of a 
united people, the union couldj therefore, be regarded 
as already effected ; public interests were in perfect un¬ 
ity every where ; and nought else was wanting to its 
completion but a favorable opportunity, and an indi¬ 
vidual capable of consummating it. 

The political aspect of Europe at the time seemed 
propitious, and the vain-glorious and enterprising gen¬ 
ius of Murat pointed him out as the man they sought 
for. When the specious design was disclosed to him 
by the Carbonari, he received it with open arms ; but, 
being still under the ascendency of his bruther-in-law, 
Bonaparte, he kept it so profoundly secret that neither 
his ministers nor his queen were informed of it. He 
soon showed, however, that he w«.s not equal to the 
task which he had undertaken In order to become 
popular all over Italy, it was necessary that he should 
govern the kingdom of Naples with moderation and 
good sense ; that he should found useful institutions, 
patronise the learned of all the different States, and 
give to his subjects a constitutional charter in accord¬ 
ance with their wants and habits ; for hitherto Murat 
had been known only as a distinguished soldier, and he 
had not acquired either civic fame or experience as a 
statesman. At the same time it was his interest to dis¬ 
play fidelity to the Emperor of the French, but with¬ 
out abject submission, and to act with hostility to¬ 
wards the enemies of his benefactor as an ally, but not 
as a vassal. These were the means by which Joachim 
might have made himself master of Italy ; he neglect¬ 
ed them, however, and, although he was the king of 
Naples, he proved himself to be nothing more than a 
general of Napoleon’s army. He tried, nevertheless, 
to avail himselfof the golden opportunity, and he des¬ 
patched an emissary to Lord William Bentinck, then 
in Sicily, requesting a passport, for a special envoy, 
whom he desired to send for the purpose of conferring 
with him secretly on important matters. The English 
Plenipotentiary replied that he would meet Murat’s 
agent on the small island of Ponza, and he immediately 
repaired thither himself under the pretext of a pleas¬ 
ure excursion. Bentinck was obliged to conceal his 
movements from Caroline Bourbon, as Joachim was 
from Caroline Murat, both of whom would have op¬ 
posed the scheme ; thus, two women of the same 
name, and each calling herself queen of the Two Sici¬ 
lies, although rivals and enemies, were equally inter¬ 
ested in preventing the realization of the long-cher¬ 
ished hopes of the Carbonari, which were eventually 
foiled by one of the Carolines. Robert Jones, a native 
of England, who had long resided at Naples, was sent 
by Murat to meet Bentinck at Ponza. He proposed 
that his master should occupy the whole of thepenin- 
sula as an enemy of Bonaparte, on condition that he 
should be recognized as king of Italy bv the allied sov¬ 
ereigns, and that he should receive pecuniary assistance 
from England. The British agent at once agreed, and 
stipulated in addition that 25,000 English soldiers 
should occupy Italy under the orders of Murat. The 
latter, however, had reflected much in the meantime, 
and was in astuteof anxious doubt and hesitation with 
regard to his own conduct; at one time he considered 
himself to be a traitor, and feared the vengeance of his 
offended brother-in-law ; and at another, the diadem of 
Italy made himforget every thing but his future glory. 
He had received also letters of kind and affectionate in¬ 
terest from Napoleon, who knew nothing of the plot. 


as well as from Marshal Ney and the Minister Fouche; 
' they complained of his protracted absence from the ar¬ 
my, and wrote that his beloved cavalry was impatient 
for his appearance on the Elbe ; and Fouche intimated 
that a peace would probably soon be concluded at Dres¬ 
den, and that, if Murat were not present, his interests 
might be excluded. 

His queen, having at length perceived the state of 
anxiety and irresolution in which he was plunged, used 
every endeavor to discover its cause, and she finally 
succeeded in inducing him to confide it to her. Caro¬ 
line saw that not a moment was to be lost ; she was 
deeply attached to her brother Napoleon, and she was 
gifted’ with a more lively sense of honorand duty than 
her husband. She determined to save him from the 
shame and disgrace of betraying his benefactor. She 
said nothing, however, on the merits of the scheme, 
for she knew that Joachim’s obstinate and irritable 
temper would become violent by contradiction ; but 
she strongly urged him to repair to the French camp 
on the Elbe with all possible speed, in order to look af¬ 
ter his interest there, while she, as regent in his absence 
would take the necessary steps on the return of Jones 
from Ponza. The king consented, and left Naples on 
the next day. The ratification of the treaty by Eng¬ 
land was brought in due time to Lord William Ben¬ 
tinck, but he had already learnt the departure of Murat 
and he broke off all communication in consequence.— 

The beau sabreur gathered new laurels in Germany, 
but they did not bind his crown more firmly on his 
brows. The scheme of the Carbonari failed ; Murat 
lost his throne, and the servitude of Italy was again 
sealed. 

In Germany, under the title of the Tugend Bund, or 
Bond of Virtue, the sect of the Carbonari was equally 
a renegade to its former doctrines ; and, being protect¬ 
ed by the King of Prussia, it undermined there, as in 
Italy, the popular throne of Napoleon in the name of 
popular liberty. When that throne fell, their apostacy 
was repaid, all over Europe, by exile, by dungeons, and 
by the scaffold. This disastrous experience opened 
their eyes to the wily policy of sovereigns, which was 
so often brought into play when they felt that they 
were struggling for their existence as such ; and it not 
only furnished a lesson for the future, but it inspired 
also an implacable desire for revenge. Their secret 
meetings became more active than ever, their ardent 
aspirations were again true to the cause of the people 
and of liberty, and they soon became sufficiently for¬ 
midable to alarm both the papal and the imperial fac¬ 
tion. Rome and Caesar, forgetting their ancient Guel- 
phic and Ghibelline rivalship in the common danger, 
formed an alliance against the Carbonari. The altar 
excommunicated, while the throne decimated them ; 
but the popular hydra still lived to strike terror in the 
breasts of kings. The numbers of these fanatical con¬ 
spirators were rapidly increasing ; and as one of the 
principal conditions enforced was, that every Carbonaro 
should have at all times in his possession a musket and 
bayonet, with twenty rounds of ball cartridge, they at¬ 
tained a degree of physical as well as moral strength 
which was by no means inconsiderable. On one oc¬ 
casion in the year 1821, at a general review of the 
Carbonari, then at Paris, when they all received orders 
to pass through the Palais Royal, wearing a peculiar 
hat band in order that they might be recognised by 
their chiefs, no less than 40,000 of them were counted. 

Some of the expressions used by the Carbonari orig¬ 
inated in their first condition ; for the political plotters 
of the time disguised themselves as makers and sellers 
of charcoal, and Irom this circumstance the sect deriv¬ 
ed its name. They heid their meetings in the woods, 
under the pretext of uniting periodically for the pur¬ 
pose of selling their produce ; and the conventicles of 




THE NEW CONSTITUTION. 


205 


the Carbonari were thus called sales. They addressed 
each other by the title of “good cousins,” and they ex¬ 
tended this appellation even to tho Almighty and to 
our Savior, who, they impiously asserted, were also 
Carbonari. 

In their professed theories there were strange con¬ 
tradictions to their practice. For instance, they advo¬ 
cated equality and liberty as the only true bases of good 
government, and yet their own society was constituted 
on principles of the most absolute supremacy of the 
few over the many ; discipline among them was so rig¬ 
orous, that its breach was punished by the knife of the 
assassin ; and the nomination of their despotic oligar¬ 
chy was the more anomalous, inasmuch as it was elect¬ 
ed by a small minority of their number. 

The Carbonori recognised each other by a peculiar 
mode of pressing the hand ; by the fashion of their 
hat-bands ; by a ribbon tied in the button-hole, of the 
three colors of the Ausonian republic—green, red, and 
yellow ; or by a blood-red neckcioth. This latter dis¬ 
tinctive mark was only worn, however, by those who j 
dared to defy the police, or by all, at any particular) 
time, when some of their brethren had been executed ; 1 
and it represented not only a sign of mourning for the j 
victims, but also a pledge of vengeance for their blood, j 
The organization of the sect was admirable, as far as i 
regards secresy, caution and mystery. The high sale j 
was hidden, and unknown to all its members, not even i 
excepting the Carbonari of the minor sales. It elected j 
the sectaries who composed it, and appointed the cen- ! 
tral sales, with which it was inconstant communica¬ 
tion. No letters or writings of any kind were permit- j 
ted, and agents were sent from one sales to another, 
bearing verbal messages or orders. The funds were [ 
disposed of, as required, under a system of perfect 
control by the censors. Fines were inflicted and pun¬ 
ishments were awarded, the high sale being even in¬ 
vested with the power of passing sentence of death.— 
Such executions were put in force by means of assas¬ 
sination, and the victims were generally traitors to the 
cause, or to the secresy of the society. Besides the 
central sales, there were particular sales which received 
novices when first initiated, and tranacted business of 
minor importance. 

The ceremonies observed by the sect at their conven¬ 
ticles had been handed down from tile most remote an¬ 
tiquity, and possessed a peculiar character like those of 
the Freemasons, which inspired a degree of awe and 
reverence borrowed from the solemnity of religious 
rites. They gave to their place of meeting, which was 
generally a vault or cavern, the form of a truncated 
triangle ; and it was illuminated by three mystical 
torches, representing the sun, the moon, and a star.— 
The inner angle was called the Oritiit, and the seat of 
the Venerable was placed there. This functionary was 
the president of the assembly ; and at Rome, where 
they had their head-quarters, he bore the additional ti¬ 
tles of Grand Master, Grand Elect of the Order. The 
entrance was the Occident,and it was defended during 
the sittings by two of the superior officers, armed with 
golden sabres shaped like flames of fire, in imitation of 
the angels at the gate of Eden. On the right and on 
the left of the Venerable were two divisions bearing 
the names of the Merediau and the Septentrion, and 
the initiated took their places in either according to 
their rank. They sat in two lines, and at the upper 
end of each stood an armed officer entrusted with the 


preservation of good order ; these were entitled the 
first and second scouts. At one extremity of the me¬ 
ridian, and near the throne, stood the rostrum or pulpit j pineness, and anathematized tier oppressors. 

which was adorned with richly embroidered hangings. ... °'" 1 ” ■* “flu 

Tiieseats were all furnished with ample red cloth cov¬ 
ers bespangled with flames of gold, and the walls were 


hung with light blue tapestry and symbolical paintings. 
The adepts were invested with the robes of the order, 
which consisted of a blue tunic and a long black toga, 
with a broad belt around the waist, in which an axe and 
a dagger were placed ; and they wore sandals and red 
turbans like those of the patriarchs. The grand mas¬ 
ter was distinguished by a tri-colored scarf, as they in¬ 
tended that the flag of the Ausonian republic should 
be red, green, and yellow ; and three emblematic jew¬ 
els were attached to the scarf, representing a green 
globe, a golden sun, and a blue triangle, which latter 
they held to be tho image of the Creator. 

These singular accoutrements gave to their solemn 
assembly a mixed character, half warlike and half sa¬ 
cerdotal, which was also kept up in the style of their 
debates. The business of their meeting was opened by 
a prayer pronounced from the throne, to which all res¬ 
ponded by clapping their hands. It was composed of 
the following strange and almost profane exclamations: 

“To the glory of our good cousin the Lord of the 
Universe ! We pray to you to protect us in our au¬ 
gust labors. And may peace and union, 0, great God, 
reign among us 1” 

The grand master then went through certain forms, 
which always preceded their discussions. He said : 

“Good cousin first scout, what hour is it 1” 

This officer answered, “Venerable grand elect, the 
i tocsin sounds on all sides and re-echoes even in the 
! depths of our grotto ; methinks it is the signal of the 
! great awakening: of freemen, and it is midnight.” 

The grand master rejoined, “Good cousin second 
j scout, at what hour should our mysterious labois com¬ 
mence ?” 

J The second scout replied, “At midnight, venerable 
I grand elect ; when themassesof the people, awaken- 
| ed by the good cousin directors, rise against tyranny.” 

) The president then addressed the brothers bearing the 
flaming swords : 

“Good cousins, guardians of our asylum, are you 
sure that no profane person has entered it ; that all 
those met at this sale are really Carbonari 

“Yes, venerable grand elect,” answered the guards ; 
“the introducers have done their duty, and there exists 
neither profane persons nor uninitiated at this sale.” 

The grand master then exclaimed, “Since all is so 
well disposed, I invite, you, my good cousins, to assist 
me in opening our nocturnal labors by celebrating with 
me the septuple advantages. Rise, my good cousins ! 
To the Creator of the universe ! To Christ, sent by 
him on earth to establish philosophy, liberty, and equal¬ 
ity ! To his apostles and preachers ! To St. Tibaldo, 
our patron 1 To Francis I., protector of the order !— 
To the eternal downfall of all tyranny ! To the rising 
of the people, and to endless liberty !” 

After this sevenfold doxology. the sale was declared 
to be open ; the members sat down, and the labois 
commenced by a harangue from the orator. He was 
thus called to the rostrum by the grand master : 

“Star of our nocturnal assembly, good cousin, our 
orator, speak !” 

He then commenced a discourse which was merely 
a formulary calculated to excite the patriotism and rev¬ 
olutionary ardor of the meeting. It began in general 
with a glowing description of the simplicity of the 
Saturnian age. It bewailed the first usurpations of 
power and the first instances of tyranny It passed in 
review the different historical phases of the ancient and 
modern republics ; and coming at length to Italy, it 
celebrated her past gn a ness, lamented her present su- 

‘It was 

to purne the Italian soil,” it concluded, “that our an¬ 
cestors, the first good cousins, founded the respectable 
order of Carbonari. Exiled from the face of the earth, 










29 > 


THE NEW CONSTITUTION. 


and afraid to appear in the light of the sun, liberty and 
equality took refuge in forests and caves. We have 
sworn to deliver Ausonia. The time is now at hand ; 
the tocsin sounds, the people rise, and henceforth Au¬ 
sonia regenerate! shall form one united and flourishing 
family !” 

These are authentic details of the principles and cer¬ 
emonies of this singular society. They would be mere¬ 
ly ridiculous did they not exhibit a revolting display of 
sacrilegious presumption, and had they not tended to 
overthrow the wholesome institutions of social order 
and political authority. The perversion, both spiritual 
and temporal, of these profane and anarchical conspir¬ 
ators operated in a most baneful manner on the rational 
and lawful element of progress, and it became in their 
hands an indiscriminate and unbounded spirit of 
change. 


Constitutional Reform. 

Editors of the Portage Sentinel — 

I have examined with much interest the files of “The 
New Constitution,” up to No. 9, which you were so 
kind as to furnish me, and am much pleased with the 
work. It does much credit to Col. S. Medary, the en¬ 
terprising and public spirited editor and publisher.— 
The voters of Ohio have the power, the privilege, to 
determine, at the election on the second Tuesday of 
October next, whether we may have a new Constitu¬ 
tion in place of the old one, now near a half century 
old, and it is important that they discuss the subject 
beforehand. This pamphlet, (The New Constitution,) 
is an excellent central medium of communication and 
discuss on on tile subject, and besides, the editor has 
embodied, much interesting matter into the work calcu¬ 
lated to aid the discussion, f there find tiie Declara¬ 
tion of Independence; the Constitution of the United 
States, the Constitution of Ohio, Journal of the Con¬ 
vention that formed our State Constitution, Resolves of 
the Congressof 1784 for the Governmentof the North¬ 
west Territory, the much celebrated Ordinance of Ju¬ 
ly 12, 1787, and much other important matter relating 
to the political history of Ohio, and the Northwest, 
and,|indeed of the whole Union. 

It seem? that in December 1818, resolutions passed 
the Legislature of Ohio,by the constitutional majority, 
recommending the electors of (his State to vote for or 
against a Convention to form a New Constitution.— 
The yeas and nays on the resolutions are given in Col. 
Medary’s paper, -The New Constitution,’ No. 4, also 
the vote of each county of the State in October, 1819, 
on the question, except the several counties that made 
no return of the vote on that question. The majority 
was heavy against a convention. But Portage gave a 
majority of more than two to one in favor of a Con¬ 
vention, thus sustaining their representation in the 
Legislature in both houses, who both, (Wheeler in the 
Senate and Foster in the House) voted for the resolu¬ 
tions. It is remarked that the reforms proposed in the 
Constitution then, as appears by the discussions on the 
subject, related only to the judiciary system, which was 
deemed defective. Now we have progressed so far in 
political science that we feel qualified to elect all our 
State and county officers, and advocate that as one of 
the most essential reforms to be made in our constitu¬ 
tion. 

I find in the files of ‘The New Constitution’ before 
me, many original communications from various parts 
of the State, and many articles copied from other pa¬ 
pers discussing the provisions proposed to be embodied 
in the new Constitution. 

Besides the reform measures mentioned in the pros¬ 
pectus of ‘The New Constitution,’ which has been, I 
believe, copied in the Sentinel, and which are ‘a reform 


in our judiciary and the practice of our courts,’ the 
election of all officers by the people,’ and ‘no increase 
of the State debt except by a vote of the people them¬ 
selves’—‘a system of common schools, and of educa¬ 
tion worthy the age and the State’—‘no legislation but 
what the people can annul when found injurious’—I 
say, besides those popular reform measures, corres¬ 
pondents of the New Constitution, and the writers of 
articles copied into it from other papers, propose vari¬ 
ous other reforms deemed of much importance, to wit: 
Homestead exemption, the election of all members of 
the Legislature by single districts, biennial sessions of 
the Legislature, change in the time of holding State 
elections, curtailment of local legislation by electing a 
more numerous board of County Commissioners, and 
vesting local legislation in their board, and to provide 
to make future amendments to the Constitution with¬ 
out calling a new convention, the election of a Lieut. 
Governor by the people, the abolishment of all pun¬ 
ishment by fiue as being unequal and inadequate ; 
abolishment of devices of land by will, and its distri¬ 
bution provided for by law ; married females to hold 
their property the same as males. 

I cannot, indeed, notice in a short communication 
but a small part of the reforms proposed to be made in 
our fundamental law, nor but'a small part of the in¬ 
teresting articles on that and other kindred subjects in 
the paper before me, but must recommend to all your 
readers to take ‘The New Constitution’ pamphlet 
publication. It is a weekly publication of 16 large 
pages, filled with historical facts, documents and dis¬ 
cussions, well worth the money it costs—one dollar for 
6 months. 

This communication is already too long to admit of 
my saying much more in reference to the reforms pro¬ 
posed, but I cannot forbear expressing my approbation 
of a few of them, particularly the election of all offi¬ 
cers by the people—a reform to simplify and cheapen 
our forms of law—to enable married females to hold 
property in their own right—and might they not even 
be permitted to vote with us ? 

Also, the Legislative power to gram Corporations 
should be restricted and the power to run the State in 
debt. County Commissioners’ boards should I think 
have jurisdiction of all local matters that require Le¬ 
gislation, the board being enlarged to one from each 
township, and one to each ward ef the cities, the same 
as the board af supervisors of the states of New York 
and Michigan. Local legislation is now by far the 
most expensive part of our law making machinery, 
and for the want of minute local knowledge is but ill 
done. Make over such business to a county board, and 
theexpenseof long sessions of the Legislature would 
be saved, and the change from annual to biennial ses¬ 
sions would no more be asked. The legislative appor¬ 
tionment should be by townships, and a single district 
to each member, and the representation so increased 
that each county should send one at least. 

State elections should be held on that day in Novem¬ 
ber fixed for electing electors of President, and the Le¬ 
gislature should convene early in January. Thejman- 
ner of makiug future amendments to the Constitution 
should be so fixed that no State Convention should be 
necessary to make an amendment. Township meet¬ 
ings, County boards, or the State Legislature, might 
propose amendments, and let the voters sanction or re¬ 
ject them. J. 

ETThe Ledger says the Sheriff of Philadelphia re¬ 
ceives more pay than the President of the United 
States, his fees amounting to about $30,090 per year ! 
The Sheriff of New York receives in fees, about 
$45,000, per annum ! 











THE NEW CONSTITUTION. 


297 


The Power, under the Constitution, to divide 

Counties for the Election of members of 

the Legislature. 

The right to divide counties under the Constitution, 
for the election of Representatives, is a question, al¬ 
though mixed up with party politics, and possessing an 
exciting interest, is also one, that forces itself into the 
discussion of a new Constitution, because many of our 
citizens favor the plan of single districts for the elec¬ 
tion of members of the Legislature, and contend that 
the power to so divide counties, is contained in the 
present Constitution. This we do not believe and will 
give a portion of the reasons which influence us in 
coming to the decision. 

In the Ordinance of 1787, which, during the time of 
its existence, was regarded as the constitution for the 
territory of Ohio, it is ordained by Congress as fol¬ 
lows: 

“So soon ns there shall be five thousand free male in¬ 
habitants, of full age, in the district, upon giving proof 
thereof to the Governor, they shall receive authority, 
with time and place, to elect Representatives from their 
counties or townships, to represent them in the General 
Assembly; provided, that, for every five hundred free 
male inhabitants, there shall be one Representative, and 
so on, progressively, with the number of free male in¬ 
habitants, shall the right of representation increase, un¬ 
til the number of Representatives shall amount to 
twenty-five; after which the number and proportion of 
Representatives shall be regulated by the Legislature,” 
&c. 

And again: 

“The Representatives thus elected, shall serve for 
the term of two years; and in case of the death of a 
Representative, or removal from office, the Governor 
shall issue to the county or township, for which he was a 
member, to elect another in his stead, to serve for the 
residue of the term.” 

Here the power was distinctly given to elect mem¬ 
bers of the legislature by “counties or townships,” and 
in no other manner,—leaving the territorial legislature 


not being in favor of the division of counties, were 
careful to exclude the word townships from the section, 
and yet it is ^claimed by some that under this sec¬ 
tion exists the power, not only to elect by toionships, 
but even to divide townships, and to give one Senator 
and two Representatives to a part of the township of 
Cincinnati. 

To show that ours is not only the plain reading of 
the constitution, but that it is also in accordance with 
the intention of the framers, we need but recur to the 
fact, often quoted, that under the first apportionment 
law, which was made by the framers of the constitu¬ 
tion themselves, and embodied in that instrument, the 
county of Hamiltion was entitled to “four Senators 
and eight Representatives,” the county of Clermont, 
one Senator and two Representatives; the county of 
Adams, one Senator and three Representatives,the coun¬ 
ty of Ross, two Senators and four Representatives; the 
county of Fairfield one Senator and two Representa¬ 
tives; the county of Washington, two Senators and 
three Representatives; the county of Belmont, one 
Senator and two Representatives; the county of Jef¬ 
ferson, two Senators and four Representatives; and the 
county of Trumbull, one Senator and two Represen¬ 
tatives, and in no successive apportionment, until 
winter before last, was the power ever claimed that the 
legislature had the right to divide counties. The fram¬ 
ers of the constitution did not dream of any such 
power being vested in their hands by the instrument 
they had made, for they were careful, as we have before 
shown, by omitting the words, “or townships,” where 
the power was given to apportion the Representatives, 
in the ordinance, of 1787, to confine the Representa¬ 
tive districts to county lines. 

Among the arguments brought up to sustain the po¬ 
sition of those who claim the right to divide counties, 
is the one, that the section in the Ohio Constitution 


free to choose either mode. 

It was in this ordinance that the power was given to 
the people to form a state constitution, and when the 
convention for that purpose met in 1802, they choose 
one (not both) of the modes pointed out, as will be seen 
by the following from Sec. 2 of Art. 1 of the constitu¬ 
tion of the State: 

“Sect. 2. Within one year after the first meeting 
of the general assembly, and within every subsequent 
term of four years, an enumeration of all the white 
male inhabitants, above twenty-one years of age, shall 
be made in such manner as shall be directed by law.— 
The number of representatives shall, at the several pe¬ 
riods of making such enumeration, bp fixed by the leg¬ 
islature, and apportioned amove/ theseveral counties, ac¬ 
cording to the number of white male inhabitants above 
twenty-one years of age in each, and shall never be 
less than twenty-four, nor greater than thirty-six, until 
the number of white male inhabitants, above twenty- 
one years of age, shall be twenty-two thousand; and 
after that event, at such ratio that the whole number of 
representatives shall never be less than thirty-six nor 
exceed seventy-two.” 


was taken almost verbatim from thatjof Pennsylvania, 
and under its provision, the city of Philadelphia 
is entitled to a separate representation. This argument, 
at first sight appears a convincing one, yet in truth, 
when examined and the sections of the Constitution of 
Ohio and of Pennsylvania are compared, it completely 
knocks in the head, the whole assumption of the whig 
leaders, for though the reading of the constitution of 
Pennsylvania and of Ohio are much alike, yet the 
former expressly provides ior the seperate representa¬ 
tion, upon which whiggery builds its argument for Ohio. 
Sec. 4 of Art. 1 of the Pennsylvania constitution says : 

“4th. Within three years after the first meeting of 
the General Assembly, and within every subsequent 
period of seven years, an enumeration of the taxable 
inhabitants shall be made in such manner as directed 
by law. The number of Representatives shall, at the 
several periods of making such enumeration, be fixed 
by the Legislature, and apportioned among the CITY 
OF PHILADELPHIA, and the several counties, ac¬ 
cording to the taxable inhabitants in each; and shall 
! never be less than sixty, nor greater than one hun- 


Here the power above was given to elect representa- i dred,” &c. 
tives by counties alone, the framers of the constitution I Here then, within the section of the very constitu 





298 


THE NEW CONSTITUTION. 


tion quoted to prove that the words “apportioned 
among the several counties” gives the right to divide 
counties, is proof conclusive of the falseness of the 
position, for if the words quoted give the right 
so to divide, why was it necessary, in the Pennsylvania 
constitution, to provide, in so many words, that the 
city of Philadelphia could have a separate representa- 
tation, distinct from that of the remainder of the 
county? No other city has a separate representation, 
and why not? simply because the constitution gives 
the Legislature no authority to allow it. 

The constitution of Michigan is also similar to that of 
Ohio, in the use of the words “among the several coun¬ 
ties.” Sections 3 and 4, of Art 4, says: 

“3. The Legislature shall provide, by law, for an 
enumeration of the inhabitants of this state, in the 
years 1837 and 1845, and every ten years after the said 
last mentioned time; and at their first session after each 
enumeration so made as aforesaid, and also, after each 
enumeration made by authority of the United States, 
the Legislature shall apportion anew the Representa¬ 
tives and Senators, among the several counties and dis¬ 
tricts, according to the number of white inhabitants. 

“4. The Representatives shall be chosen annually 
on the first Monday of November, and on the following 
day by the electors of the several counties or districts 
into which the state shall be divided for that pur¬ 
pose,” &c. 

The people of that state, in 1836, under the belief 
that the words “ or districts ” in the constitution, gave 
the right to divide counties for the election of Repre¬ 
sentatives, petitioned the Legislature, in the apportion¬ 
ment of that year to divide the larger counties into single 
districts. These petitions were referred to a committee 
decidedly favorable to the single district system, who, 
after a careful examination of the question, decided 
♦hat under the constitution, no power, to make such a 
division, was given to the Legislature. Yet, so anxious 
were the committee that the state should be so divided, 
that they reported a joint resolution, providing for a 
change of the constitution in this particular, which 
resolution was defeated by the members who wished 
a revision of the whole instrument, instead of amend¬ 
ing it in a single particular. During the last session, 
joint resolutions, allowing the people to vote for or 
against the calling of a convention to remodel the state 
convention, were passed, and the anxiety to provide for 
the single district system, which, since the able report 
of the committee, in 1836, no sound man claims that 
under the sections of the present constitution, the 
Legislature has the power to do, will aid much in de¬ 
remining the vote in favor of the measure. 

In no state in the Union, where the Representatives 
are, by the Constitution required to be apportioned 
among the counties of the State as in Ohio, is the pow¬ 
er claimed or exercised to divide counties. In Ohio, 
for forty-five years, dating from the first apportionment 
the claim for such a division was neverset up until win¬ 
ter before last. 

If the people of the State prefer the single district 
system, to the present mode of apportioning the Rep¬ 


resentatives among the several counties, they will 
have to vote for a Convention to re-model the state 
Constitution, for as it now reads, it gives the Legisla¬ 
ture no such power. 

Written for the New Constitution. 

Popular Ediiciitioii. 

An educational system adapted to develop the agri¬ 
cultural, mechanical and manufacturing resources of 
Ohio, is at this time much required. Neither the dis¬ 
trict nor high schools of our State fully perform the 
functions demanded at their hands by the laboring por¬ 
tion of our people. Whilst we are reforming our Con¬ 
stitution, and much of the machinery of local govern¬ 
ment, let us not forget to minutely examine into the 
actual requirements of our educational system. The 
trueism that our admirable system of government is 
best adapted to an intelligent, free thinking people, 
should arm every freeman in Ohio with a determined 
spirit to promote as far as practicable a more efficient 
system of education. 

In our Government, the will of the people is ail pow¬ 
erful. Those who are in authority, are the servants, 
and the masses of the people are their masters. The 
policy that should be encouraged and perpetuated by 
the friends of democracy, is to have the entire public 
patronage of the State placed directly under the control 
of the ballot box. This being one of the fundamental 
principles demanded by the advocates of a new Con¬ 
stitution, we shall not indulge in any Utopean schemes 
for the building up of mammoth educational institu¬ 
tions, to be in the least degree controlled by the Legis¬ 
lature or State Government. 

The facilities for acquiring knowledge are now so 
abundant, when compared with what existed twenty 
years ago, that no difficulties whatever seem to be pre¬ 
sented in the pathway of those who are really anxious 
to acquire a useful practical education. But what we 
most require to make our present system complete, is 
to diffuse among the masses of the people the impor¬ 
tance of improving the character of their district 
schools, and their high seminaries of learning, so as 
the important contest of popular education shall keep 
pace in improvement with the progressive spirit of the 
age and the actual requirements of our country and 
people. As a principle of State policy, we question 
the propriety of taxing one portion of the community 
to benefit other portions; and we conceive that if pub¬ 
lic funds be raised for any specific purpose, that all 
classes should enjoy an equal benefit from them. Act¬ 
ing oi* this principle, the education of the masses may 
safely be entrusted to the people themselves. The mo¬ 
ment that the whole of the State patronage be placed 
under the immediate control of the ballot box, will the 
people begin to see the great necessity there is for the 
youth of the land to be educated. As the State goes on 
progressing in agriculture, in the arts, and in general 
civilization, the school fund will doubtLss increase, but 
it appears quite certain, that it will be in vain to expect 
that Government will accomplish much in promoting 
the cause of education. In this as in all other useful 
works in which the people are the interested parties, 
as little legislative influence as possible should be al¬ 
lowed. 

To secure the services of a superior order of teach¬ 
ers, higher salaries must be paid those that are really 
well qualified for the task than what the people have 
been in the habit of paying. A young man who de¬ 
signs himself for a lawyer or physician, will be obliged 
to pay as much per annum for board and fees, as what 
a tolerably well qualified teacher would receive as his 
yearly salary. 

Now, it appears quite certain, that the farmer who 









THE NEW CONSTITUTION. 


299 


has a number of boys, one or two of whom he intends 
for some one of the learned professions, and the others 
he designs shall follow in the footsteps of their father, 
makes a great mistake in lavishing as many hundreds of 
dollars in the education of the former, as he expends 
tens of dollars in imparting knowledge to the latter. A 
community of farmers, mechanics and others, make 
equally as great a mistake, in paying their district 
teacher $20 or $25 per month, when it is a well known 
fact that an intelligent, skillful mechanics and mer¬ 
chants clerks get from $40 to $50 per month. The 
man who journeys through the country to sell shoe 
black, pills or fancy toys, can earn twice as much as 
the people are willing to pay their common district 
school teacher. The man whose business it is “to teach 
the young ideas how to shoot,” should be liberally edu¬ 
cated, and one in whom the citizens of the district 
could look up to as a pattern in morals, in gentlemanly 
refinement, and as a promoter of every useful and phi¬ 
lanthropic enterprise. Such men cannot be had unless 
a fair compensation be paid them for the onerous duties 
they are professionally called upon to perform. It 
would be a small tax indeed, for a community of 30 or 
40 farmers and mechanics lo join together and employ 
a competent teacher to take charge of the instruction 
of their youth at a fixed salary of from' $600 to $700 
per annum, A tax of this kind, exclusive of the public 
money, would not exceed $15 each, and the additional 
rise in landed property alone, in the country immedi¬ 
ately around such a school, as support of this kind 
would afford, would repay the investment. If the peo¬ 
ple of this State desire good schools, it is clear they 
must support them liberally, and not allow their best 
teachers to be employed by merchants, book venders 
and pill peddlers, at twice the salary they are willing to 
pay them for their services. To make the business of 
school teaching rank in importance among what are 
termed the learned professions, it is quite obvious that 
when men of high attainments in literature, are had, 
liberal salaries must not only be paid them, but their 
services should be secured permantly, or for much lon¬ 
ger period of time than what is now the usual prac¬ 
tice. The practice of changing teachers in periods 
of four or six months, is fraught wifh the most disas¬ 
trous results, on the mind of the young. As soon as 
a familiar acquaintance between the children and teach¬ 
er has had time to exist, the latter is either paid off to 
make way for one at a less salary, or he sends in his 
resignation, with a view of engaging in a more lucra¬ 
tive pursuit. 

The present system of education, has a tendency to 
cripple the physical development of the pupils; and 
when the laws of nature, in this respect, are violated, 
the intellect sustains as great a depression as the body. 
Children of active habits cannot view it otherwise than 
a perfect bore to remain from six to eight hours per day 
in a close and badly ventilated room, poring over their 
studies. To get rid of this evil, we would suggest that 
the most difficult branches of education taught, be com¬ 
municated orally to the pupils, instead of obtaining 
their lessons exclusively from books, as is the practice 
at present. Pleasing lectures, and discourses delivered 
on the various branches taught, interspersed with per¬ 
tinent questions and illustrated on the black board upon 
the most scientific principles, would do more towards 
diffusing a spirit of enquiry among the young, and 
would create a greater thirst for knowledge, than could 
be brought about by any other single means. 

In addition to the general introduction of oral in¬ 
struction as being best adapted for those who require 
for their physical development, a great amount of out¬ 
door exercise, we would suggest that Farmers’ and 
Mechanics’ colleges be established in various parts of 
the State, on the manuel labor principle. Much has 


been written on this subject, and as yet but little has 
been done towards carrying out such a useful system 
of education. The institution established at Oberlin in 
the Northern part of this State, was established with a 
view of combining productive labors, with the intellec¬ 
tual studies of the pupils; but, so far as the manuel 
labor department is concerned, neither the expectations 
of the founders of the institution, nor its friends have 
been realized. The truth of the matter is, the only 
true principle of establishing educational institutions 
of a high order, in which it is expected that from five 
to six hours each day shall be devoted by the pupils in 
some useful branch of productive labor, is to place, all 
upon a level, and upon no account should the sons of 
wealthy parents be allowed to enjoy advantages that 
are not possessed by the poorest boy in the institution. 

From tlie highest to the lowest, all should be requir¬ 
ed to labor a certain number of hours per day, and the 
teachers or professors employed should be men ac¬ 
quainted with the practical sciences, and the instruc¬ 
tion should be imparted as far as practicable, orally, as 
already described. For two terms per annum of five 
months each, the entire expense of a course of educa¬ 
tion at an agricultural college, in which five hours per 
diem are devoted to labor, and the same number of 
hours in the school rooms, the whole cost for board, 
lodging and fees, need not exceed $60 per annum.— 
The sciences applicable to agriculture, mechanics and 
manufactures, in addition to the plain branches of edu¬ 
cation, would be all that would be required to be taught 
at an institution established for the education of farm¬ 
ers’ and mechanics’ sons. 

Under proper management, the pupils would make 
greater progress at an institution established for the 
ostensible purpose of imparting an education adapted 
to their calling, than if they had attended the highest 
seminary of learning in the Union. 

The principles of farming, as one of the nicest and 
most exact sciences, would be taught in such a school 
as we have here cursorily described, and besides the 
improvements effected in agriculture in this and other 
countries celebrated for the superiority of their farming 
operations, would be practically tested and made the 
subject of frequent experiments, the results of which, 
if made known to the public through the press, would 
stimulate enterprising agriculturists to adopt the most 
feasible plans recommended for public favor. 

The subjects of oral instruction and agricultural and 
mechanical colleges, shall form a basis for suggestions 
another day. E. G. W. 


The Irish Patriot Mitchell’s Family, arrived 
at Philadelphia, on Wednesday, from Liverpool—and 
notat New York, as an erroneous date to the tele¬ 
graphic despatch made it appear. The wife and two 
daughters proceed to Washington City, to join Mr. 
Win. Mitchell, brother of the Patriot, who has a gov¬ 
ernment clerkship there. Mrs. Mitchell’s worldly cir¬ 
cumstances are said to be far from prosperous, and the 
Philadelphia American, truly says :— 

“There will be thousands here to welcome her, and 
express sympathy in her misfortunes. Her conduct 
throughout the trying scenes through which she has 
passed, was noble as an exhibition of womanly resolu¬ 
tion. tenderness and fortitude, and worthy of the hus¬ 
band from whose side she has been separated.” 


[CTBoots and shoes in New York have been in 
great demand since the first instant. The dealers in 
Pearland Water streets are very busy, and prices of 
thick work have advanced 10 per cent, from July 
prices, there is no surplus and there will be a great 
scarcity. 








THE NEW CONSTITUTION 


3 fl0 


From the Toronto correspondent of the Ohio Statesman- 
CANADIAN ANNEXATION. 

Toronto Canada, West Aug, 28th 1849. 

Col. Medary —My Dear Sir: Your readers by this 
time will be able to form a pretty correct opinion of the 
relative position of the two political parties in Canada, 
what may be expected from them, towards effecting a 
seperation from the parent country and an union with 
the great American confederacy; and to whom the 
friends of annexation in your country may with con¬ 
fidence look up to, as the source from whence, this 
great boon, is to be obtained. The power of the peo¬ 
ple, will before long be brought to bear upon this ques¬ 
tion, in a manner that but few at this time can form 
any correct estimate. Owing to the rebellion of 1837 ; 
most of the leading politicians of that day, on the lib¬ 
eral ticket, have either left the country, or have not 
moved in the frontraiiks of reform, for the simple rea¬ 
son, that they had no desire to have it shown in thier 
teeth by blood thirsty orangeman, and other British 
blood-hounds, that they were rebels, brigands, and cut 
throats, for having simply stood out in defence of their 
political and civil rights. The unconstitutional, and 
altogether unwarranted conduct of the high British 
party, in destroying the parliament buildings, public 
records, and much private property, and in the repeated 
insults given to the representative of majesty, and his 
soldiers, afford the liberal or true Canadian party a 
shield from insult, that will be daily turned to practical 
account. The Canadians by birth and education are 
men who desire peace, but they embrace in their ranks 
a large number of superior statesman, and as a party, 
will compare in point of intelligenceand general respec- 
tabiliy, with the freemen of Ohio. In the struggle for 
independence they have no desire to resort to the force 
of arms, they merely ask that they should have the 
management of their own affairs as Canadians, without 
the interference of the parent state, and that their 
country should prosper in the arts, civilization, 
and in every enlightened improvement, as do those 
states in the American union, that are blessed with a 
similar amount of talent, and general resources for the 
successful prosecution of the various industrial pursuits. 
With less than this they will not bo satisfied to remain 
long as colonists, and as I stated in the concluding par- 
agraph of my last, prosperity will never again smile 
upon us so long as we remain an integral part of the 
British Empire. So strong has this conviction become 
impressed upon the minds of all classes and ranks of 
society in this, and well as all the other British Ameri¬ 
can provinces, that it has now become common for all 
who think at all upon political mattei's, to express their 
feelings as freely in public, on this point, as if it was 
a matter, that must follow before long in a common 
course of events. No one talks of fighting for their 
independence—they believe that the British government 
as an act of justice to their subjects in America, will 
not interfere in a general spontaneous movement for 
annexation, at any time when the great mass of the 
people desire such a change. 

Sir Robert Peel, when prime minister of England, 
in introducing into Parliament the Canadian reform- 
hill, publicly stated, in the course of a warm debate on 
Canadian affairs, that the liberties of the colonists, 
should be gradually extended to them, until they had 
the entire management and control of theirown affairs, 
and when the period arrived, that they could better 
govern themselves, than be dependents upon the parent 
govei'nment, that the only true policy under such a 
state of things, would be to grant a peaceable separa¬ 
tion. This opinion, emenatmg from the ablest British 
statesman of the day, is entertained by the liberal 
party of all shades of opinion in Great Britian; and 


since the period that Sir William MoVsworth, made 
his masterly speech on the villainous policy of colonial 
government, have converts sprung up through all parts 
of the kingdom, who are in favor of the colonists be¬ 
ing set free as rapidly as they may desire it. The col- 
onal governments of England, present the most ex¬ 
pensive machinary of government, of any that can be 
found on recoi'd. The people of Great Britain, are 
taxed upwards of five million of dollars per annum, to 
retain the five north American colonies. The rebellion 
of 1837, cost them ten millions of dollars,and they know 
by sad experience, that the connection cannot be per¬ 
petuated without the annual expenditure of large sums 
by the parent state. The liberal party in England, of 
the Cobden School, would go for the immediate 
emancipationjof the North American colonies, and the 
more moderate advocates of reform would make the 
process more gradual, whilst a very strong and power¬ 
ful party would retain them, and subject them to bon¬ 
dage if such a thing was possiblt, even at the risk of a 
war with the United States. 

There is a prospect that the tories in England will 
again come into power, and at the occurrence of that 
event, I look forward with interest to the stand that the 
colonists will take in defence Of their liberties. The 
old and long tried friends of the people, prior to a gen¬ 
eral election, will be called upon once more to take the 
lead in defending civil and religious liberty. The true 
democracy of Cauada will unite under their proper 
leaders, and form a strong party in Parliament, which 
wiil put down all factious opposition to wholesome lib¬ 
eral measures. So long as Eugland does not interfere 
in the exercise of her vetoing power, just so long will 
the connection remain unbroken; but as soon as the 
will of the people is brought under the subjugation of 
a petty tyrant entitled the colonial minister; will the 
chords binding the two governments together be snap¬ 
ped assunder. If the colonists have the entire control 
of their government, and the machinary, so far as the 
non-interference of England is concerned, is found to 
work harmoniously; they will notbe able to getup any 
show of reason, for knoking at thedoors of Congress to 
be admitted into your powerful confederacy. The fact 
however, cannot be disputed, that at the present mo¬ 
ment, three-fifths of the entire population of the colo¬ 
nies, have their eyes turned towards the United States, 
with the strongest feelings of brotherhood, and al¬ 
though we are nominally British colonists, we are in 
heart, in feeling and in iiiterest Americans, and shall 
never expect to be a prosperous and happy people until 
we become instrumental in adding Jive additional stars 
to the proud banners of your Republic 

The subject of annexation has now become an open 
question—it is discussed freely by all parties, ranks 
and conditions of society, and at the next general 
election it will become the rallying point, around which 
men of all shades of politics will centre, in order that 
the new Parliament may have a character which will 
give force and energy to the movements of the colonial 
government, so that if an opportunity presents itself, 
the government of England may be plainly given to 
understand that the connection between the two coun¬ 
tries is no longer desirable. The battles in favor of 
annexation, will have to be fought at the polls. Eng¬ 
land will recall her eight or ten regiments of soldiers in 
British America, and make some pretext for the eman¬ 
cipation of her colonies, rather tiian risk a war with 
the United States. At this moment there are seven 
millions of people in Great Britain who are dependent 
upon your Republic for their daily supplies of bread 
and butter. Yes, one-third of the inhabitants of the 
proudest and most powerful monarchy in the world 
are dependents, in fact, directly or indirectly, for their 
daily subsistence, upon the freeman of North America. 






THE NEW CONSTITUTION. 


301 


Independent of this, the inhabitants of the two coun¬ 
tries are bound together by sympathies and feelings 
growing out of a similitude of language, religion, laws, 
public institutions, and a thousand other kindred rela¬ 
tions of too strong a nature to be broken by a national 
war. The people of these colonies know they have j 
nothing to fear from Great Britain. They have a 
thorough knowledge of the crippled resources of the 
British Empire—they know the people of England are 
favorable to a sepcration; and they likewise know that 
the entire democracy of the Union would not object to 
peaceably extend their fostering influence over a belt 
of country that extends northward to the pole, and is 
bounded on the east by the Atlantic, and on the west 
by the mighty Pacific oceans, containing an area of land 
considerably larger than the thirty states of the Union. 
They also have a smattering knowledge of the benefits 
that they would derive by becoming members of the 
Union; but, on this point, they require more informa¬ 
tion, especially as it regards the genius of your state 
constitutions, and the manner in which the people 
work the entire machinery of your several govern¬ 
ments, municipalities and institutions. Owing to the 
barriers that the Post-office Departments of the two 
governments have thrown in the way, for the admis¬ 
sion of printed documents into the respective countries, 
we know but little of your every-day operations. Now 
and then an enterprising Canadian ventures across the 
line, either on business or pleasure, and he becomes 
struck, if not crest-fallen, in comparing the rapid strides 
made in your country, in the construction of public 
improvements and the various enterprises got up by 
companies and patriotic individuals, when compared 
with the slow advancement made in his own country. 
The fault is very properly attached to the government, 
and the connection which exists between the parent 
state and the colonies, and he returns home a thorough 
disciple and advorate of the cause of annexation. 

So far as the people at present understand the ques¬ 
tion, the following advantages would be gained by be¬ 
coming eitizens of a free Republic, instead of being 
held in subjection by the government of Great Britain. 

1st. Confidence in the stability of the government 
would become strengthened both at home and abroad, 
thereby inducing capitalists to invest their money 
freely in the public and private enterprises that are set 
on foot, or are required to develop the vast resources of 
the country. 

2d. Manufactures would spring up in various parts 
of the province and be prosecuted with as much vigor 
as is done in Massachusetts, thus bringing into profita¬ 
ble employment the immense hydraulic power now 
comparatively useless, that is afforded by the Niagara, 
the St. Lawrence, the Ottowa and other large rivers 
and their tributaries, with which this vast country 
abound. 

3d. By throwing open the navigation of the St. Law¬ 
rence and the other inland waters of Canada to the free 
and unrestricted commerce of the Union, the transit of 
produce would become considerably lessened, and large 
class of vessels would be enabled to leave Chicago, Mil- 
waukie, Cleveland, Buffalo, and other western ports, 
with goods to be delivered in Liverpool, England, New 
York,Boston, or other Atlantic ports, without break¬ 
ing bulk. 

4th. The business of ship building on the St. Law¬ 
rence would become of immense importance to the pres¬ 
ent inhabitants of the country, as it would furnish them 
with e certain marketfor their immense forests of pine 
and oak, and besides the population of Eastern Canada 
especially, who are very expert in the use of the axe, 
would find profitable employment in the lumber trade, 
which, under the old protective policy of England, wss 
their principal article of export. The United States 


would doubtless afford a market for the lumber of Can¬ 
ada and other portions of British America, that could 
not be over stocked, provided that no barriers were 
thrown in the way in the commerce of the two coun¬ 
tries. 

5th. The agricultural and mineral resource of a com¬ 
ps ratively unexplored country, more than one thous¬ 
and miles in depth, and stretching from the Atlantic to 
the Pacific oceans, would become developed, thus vir¬ 
tually breaking up an iniquitous system of monopoly, 
established by a Royal Decree of King Charles of Eng¬ 
land, known in this country by the Hudson Bay Com¬ 
pany, which virtually hold in abject bondage many 
thousand hardy men in the north. 

6th. The country from the immense fisheries of Gaspe 
near the outer Gulph of the St. Lawrence, stretching 
westward two thousand miles to the mining regions 
bordering on Lake Superior, would become the abode 
of active, energetic and enlightened men, who would 
delight iiathe appellation of freemen, and who would 
have a country and nation they could proudly call their 
own. 

7th. Railroads, canals, and other public improve¬ 
ments, would be constructed throughout various parts 
of the country, thus bringing into market and culti¬ 
vation some millions of acres of excellent lands tha 
are now in a state of nature. 

8th. Hemmed in as the Canadians are by ice six 
months of the year, the agriculturalists can take no 
advantage of the rise in the European and American 
markets from the first of November to the 1st of May, 
but by becoming a part and parcel of the American 
union, duties, and all other restrictions on trade would 
be removed, and the wheat, flour, pork, beef, butler, 
and other rich agricultural resources with which this 
country abound, would find a ready market in the 
eastern and southern cities, by making transit over 
your mighty railroads, as readily during the winter as 
summer months. 

9th. The tide of emigration from Europe and many 
parts of the old states, would come in upon us with as 
much vigor as is displayed at the present time in the 
western territories of the Union, and from this and the 
other causes mentioned, real estate would double in 
value in periods of eight or ten years, as is now being 
done in Ohio, Illinois, Iowa, and other new states of 
the republic. 

10th. Civil and religious liberty would become in 
reality what they are now only in name. The servant 
would have as great a voice in the legislation of the 
country as the Knight of Dundurn, or any other of the 
mushroom aristosracy with which the colony is cursed; 
and instead of the clergy being paid by the state, ev¬ 
ery man would be able to worship his Maker under his 
own vine and fig-tree, none daring to dictate how his 
rights of conscience should be exercised, and control¬ 
led, in religious matters. 

11 th. The representatives of the people, in theirleg- 
islative capacity would have the entire control of the 
public finances of the country, and the governors and 
others in authority would possess no rights above their 
fellow citizens cxeeptsuch as maybe delegated to them 
by the ballot box. 

12th. The public officers and servants of the peo¬ 
ple, would be obliged to perform a much greater 
amount of work than is done, for which they would 
not receive one half the amount of salary paid them 
at present. Instead of paying an English aristocrat 
$3U,000 per annum, we would do as is done by the ci¬ 
tizens of Ohio,— we would select some respectable old 
farmer to fill the Gubernatorial chair, to whom we 
would pay as many fifties as we now pay thousands for 
the services performed. Retrenchment would be the 
order of the day, and office-holders, instead of holding 







302 


THE NEW CONSTITUTION. 


office for life, or retiring upon the pensioned list, 
would be made to serve the people efficiently during 
good behaviour, or as long as they pleased the powers 
that be. 

13th. The $20,000,000 of national debt, that does 
not now pay two percent, per annum on the invest* 
ment, would by the increased activity of the commerce 
and industrial pursuits of the country, which under the 
new order of things would be evinced, would make the 
canals and other public improvements as profitable a 
source of revenue to the country, as the Erie Canal is 
to the citizens of New York. 

14th. Cheap postage, cheap literature, cheap freights 
on our public waters, protection to our manufacturing 
interests, and a thousand and one other advantages that 
space and time would fail me in enumerating, are be¬ 
lieved here by many would follow in rapid succession, 
if annexation could be consummated. 

When you hear from me again, you may expect 
some information regarding the political character of 
theinhabitants of Lower Canada, New Brunswick and 
Nova Scotia. 

A BRITISH CANADIAN. 

From the Kalida Venture. 

The New Constitution. 

We all along suspected the honesty of the whig par¬ 
ty in their support of the Convention to amend the 
Constitution, and we find that our confidence in the 
conservative instincts of whiggery, was not misplaced. 
The State Journal, after having, under cover of a 
friendly neutrality, attacked the proposed Convention 
in every wav likely to be effectual, now openly de¬ 
clares its opposition. “The evils complained of, and 
the remedies proposed,” do not, say the editors, “jus¬ 
tify the calling a Convention at the present time.” No, 
it is much more convenient for a whig caucus at Co¬ 
lumbus, to elect the State Auditor, Secretary, Treas¬ 
urer, &c., &c , than to permit these officers to be elected 
by the people. It would be giving up the possession of 
power, and the whigs of Ohio are not so very fond of 
liberty and popular rights as to do that —if they can 
help it. And further, the appointment of Circuit and 
Supreme Judges would be no longer a matter of calcu¬ 
lation, based upon the prejudices of a few men, sway¬ 
ing at Columbus the influence of the State. It would 
be free to the people, who have never yet, on this con- 
6inent, abused a trust placed in their hands. Judges 
elective by the people would do much to secure simple 
laws and a pure administration of justice—but to put 
it in practice, appears to the old hunker whigs like an 
end of all conservatism; and the amendment of the 
Constitution would, in their view, be dearly purchased 
at such a price—would introduce a state of things 
which would render useless that convenience—an in¬ 
fluential friend in the proper quarter—and make public 
worth and character the test of fitness. Now, one in¬ 
fluential friend is of more importance than the people’s 
will or wishes, and the bench is none the better for it. 
But to permit State officers, judges, clerks, &c., to be 
the direct choice of the people, is not a remedy for 
which whigs feel disposed to be thankful. At leastthe 
leaders. We have known many whigs of liberal views 
in our time, but we always found them in the minority. 
From that cause, or want of energy, they never guide 
the action of their party. The distrustful, the bigots in 
politics, and those constitutionally afraid of every 
movement calculated to make a new truth practicable 
—constitute the class who direct the opinions and sway 
the masses of the whig party; and they are not dispo¬ 
sed to look for equal justice by making the judge’s 
constituency as many and as equal as possible. 

Not only does the State need more direct elective in- 


| stitutions, but the courts need an improved Constitu¬ 
tion, and good government requires checks upon im¬ 
prudent, excessive and unwarranted legislation. Such 
legislation as that which makes us tributary to foreign 
slock jobbers for upwards of a million of dollars year¬ 
ly. Such as forces upon us a close corporation of 
money makers—bank paper manufacturers, with high 
privileges—to eat out our substance. There are other 
and mere imminent evils in the present system. It is, 
in fact, wholly defective. Even, upon their own show¬ 
ing, if the Hamilton county outrage was necessary to 
the right working of government, it is pretty good as¬ 
surance that the framework of the State Government 
will not act without spasm and convulsion. This sin¬ 
gle circumstance, of the dispute about the terms of the 
Constitution as to the power of the Legislature to di¬ 
vide counties, for purposes of representation, is suffi¬ 
cient to justify the holding of a Convention to amend 
the Constitution in this one particular, because when 
difference embraces interests of such vital moment that 
parties are ready to urge their position to the extent of 
threatening the dissolution of the Government, a change 
is as necessary as peace and quiet is preferable to an¬ 
archy and violence. And were there no evils to reme¬ 
dy, the recurrence to the great principles of liberty, 
which is essential to the decision of what amendments 
shall be added to the Constitution, is of itself a benefit 
more than outweighing the consequence of any hazard¬ 
ed evils from mistaken amendments. 


From the Mt. Vernon Banner. 
The Necessity of Amending the Constitution. 

As the period is fast approaching when the freemen 
of Ohio will be called upon to exercise one of the great 
principles of sovereignty, in voting for or against a Con¬ 
vention to amend the Constitution, it may be impor¬ 
tant to a correct exercise of their sovereignty, to give a 
few reasons why the Constitution should be amended. 
We know it to be a fundamental maxim, that Govern¬ 
ments of long standing should not be changed for light 
or transient causes; but whenever any Government be¬ 
comes destructive to the objects for which it was estab¬ 
lished, or fails to secure to the people the blessings of 
liberty, equality, and fraternity, or to ensure their 
safety and happiness, it is their right, nay, their duty, 
to alter and abolish that Government and institute an¬ 
other in its stead, laying its foundations upon such 
principles as will be most likely to secure those para¬ 
mount objects of republican institutions. 

The Constitution of Ohio has been in force nearly 
forty-seven years. At the time of its formation 
it was peculiarly adapted to the wants and circumstan¬ 
ces of the early pioneers, whose sturdy arm had felled 
the forestand studded it with towns and villages, which 
in the course of events, were destined to rival the cities 
which had sprung up along our Eastern seaboard. The 
rapid improvement of the country, the advancement of 
civilization, the march of intellect, and the unparallel¬ 
ed progress of the arts and sciences of this enlightened 
age, all admonish us of the importance—nay, necessi¬ 
ty, of so altering or amending our fundamental law as 
to conform to the wants and circumstances which sur¬ 
round and govern the present generation. 

But to point out more specifically some of the rea¬ 
sons which should influence the people to amend their 
Constitution, we will call their attention to another 
fundamental maxim of republican government which 
in our opinion, is paramount to the one above named. 
Political power is ever stealing from the many to the 
few, and hence it becomes a matter of the most vital 
importance to the preservation of our liberties, that the 
legislative, executive, and judicial powers should, at 
stated periods, resolve again into the hands of the peo- 










THE NEW CONSTITUTION. 


303 


pie, who are emphatically the supreme power in the 
State. By this means the different departments of the 
State Governmens will be preserved pure, because the 
people themselves will retain the power to dismiss cor¬ 
rupt and unworthy servants and appoint others in their 
stead. Hence, we say, one of the great objects to be 
attained by amending the Constitution, is the election 
of all officers, whether legislative, executive, or judi¬ 
cial, State, county or township, by the people. This 
would deprive the Legislature of that patrouage which 
it too frequently exercises, by intrigue and corruption, 
in elevating men to power, in opposition to the voice of 
a great majority of the people. 

Next to this salutary reform, a re-organization of our 
judicial system, is a subject of the highest importance. 
Our courts of law and chancery, as at present organi¬ 
zed, are more frequently converted into engines of op¬ 
pression, than forums of justice. By an entire reorgan¬ 
ization, the judges to be elected by the people, these 
evils could be remedied, and instead of the expensive 
and vexatious delays that so frequently interrupt and 
defeat the ends of justice, each freeman would be pro¬ 
tected in his rights, and speedy justice impartially min¬ 
istered to all. No reform is more important nor more 
essential than this. Men often submit to oppression 
and wrong, because they dread the remedy afforded by 
our present judicial system. Besides a probate court 
should be established constituted of one judge, learned 
in the law, whose office should be at the county seat, 
in order to avoid the expense and trouble of sending to 
the different extremities of the county for associate 
judges, to constitute a probate court. This would save 
more than one half the expense incurred under our 
present system. 

A reformation in our system of internal improve¬ 
ments, and the onerous burden of taxation which it 
has imposed upon the labor and industry of the Ftate, 
is loudly demanded by the people. This can only be 
accomplished by amending the Constitution. No State 
debt should be created for any purpose whatever, ex¬ 
cept by a vote of the people. This would check the 
plunderieg system heretofore usurped by the Legisla¬ 
ture, and refer the subject directly to those whose 
rights and interests were to be effected by it for weal 
or for wo. 

From the Urbana Expositor. 

The Convention. 

Public attention has been so much occupied on the 
subject of the scourge that has been preying upon our 
laud for several months, that we have not thought pro¬ 
per to say much on this subject. But as the time is 
drawing nigh when the people of Ohio will be called to 
act on this matter, to say whether a convention shall 
or shall not be called to revise the Constitution, we 
think it our duty to call particular attention to the sub¬ 
ject. 

We remark in the outset, that no election has been 
held for a quarter of a century, so important to the 
people of the state, as the approaching one. Its im¬ 
portance is as much above that of ordinary elections, as 
the Constitution is above the simple laws of our Legis¬ 
lature.' A law may be passed at one session and repeal¬ 
ed the next. It is not so with the Constitution. Its 
provisions are of a more permanent nature. The con¬ 
stitutional regulations by which this state was govern¬ 
ed forty-seven years ago, are the same as those by 
which it is now governed. If the people shall decide 
in favor of a convention to revise the present Constitu¬ 
tion, such revised Constitution may remain unchanged 
for the space of forty-seven years from this time.— 
Plence the importance of every constitutional provis¬ 
ion, and the deep obligation on our people to look well 


to this subject, before they shall be called to decide up¬ 
on it. 

Those who oppose a convention most warmly, admit 
that there are great defects in the present constitution, 
but they think this an inauspicious time. Political ex¬ 
citement i3 too high, partizan influences would enter 
into the convention, &c., &c. This has been answer¬ 
ed, and we thiuk successively, that there is less of par¬ 
tisan feeling after the Presidential campaign than at 
any other time, and that if we are not to take up this 
subject until party feeling shall subside, we must forev¬ 
er abandon the idea of any change in the constitution; 
for while there is intelligence and humanity in the 
land, there will be party distinctions, and differences of 
opinion. If we settle down upon this conclusion, that 
the constitution must remain unchanged and unimpro¬ 
ved—that the danger of reform is greater than the an¬ 
ticipated good, we must also reconcile ourselves to one 
or the other of the following alternatives. We must 
give up the advantages of experience—the lights of 
that knowledge which results from observation and 
trial; and which in practical importance are as far above 
theory, as facts are above fancy; or we must bend and 
evade the parts of the Constitution which are decidedly 
inconsistant with present public interests, to our pur¬ 
pose. Now, whether is it better to break the Consti¬ 
tution or to reform it? Who can estimate the evil re¬ 
sults that must follow, if a habit is contracted, of 
stretching the Constitution to meet every case inconsis¬ 
tant with its provisions? Is there not far more dan¬ 
ger to be apprehended from this, than from its reform? 
We shall not be understood to bring a “railing accusa¬ 
tion” against the present Constitution. We believe it 
was as good as any ever framed, under like circumstan¬ 
ces. But as the garment of a child will not fit the man, 
no more is the Constitution of a State in its infancy 
suited to its more matured condition. There are 
i points which should be set forth in clearness and pre¬ 
cision, that are only mentioned in the general. Take 
for example that of the division of the State into legis¬ 
lative districts. One party claims that according to the 
Constitution, a county can in no case be divided to form 
a district. The other contends that this may be done 
without any violation of the Constitution. From this 
indefiniteness of the Constitution, our Legislature, last 
winter, spent a month in disgraceful confusion, and 
finally left the point unsettled beyond the period of the 
session. The same thing may be acted over again the 
coming winter, and probably will be, unless one party 
or the other shall have a very decided majority. Now 
the Constitution should say in positive words, whether 
a county may or may not be divided, leaving no room 
for cavil. This is but a single example. & There are 
many others. 

With due defference and respect for the opinions of 
others, we would remark, that in some persons, there 
is too high a regard and even reverence for every thing 
which has the sanction of years—for every thing an¬ 
cient. Because years give experience and ability to 
men, they seem to apply the same principle to things, 
and imagine that they are sacred because old. “The 
wisdom of the fathers,” is a theme for demagogues; 
and with assumed gravity they descant upon the acts 
of those who preceded the present generation, as if ao- e 
and experience were theirs alone, and youth and inex¬ 
perience the lot of the men who now live. We have 
no doubt that the men of fifty years ago, looking back 
a half century from that period, had the same feeling. 
They had the same reverence for the doings of their an¬ 
cestors; and the same feeling will exist in the genera¬ 
tion that shall follow the present. The doings^of the 
last Legislature will be looked back to as characterized 
by the “wisdom of their ancestors.” This feeling is 
right. But it is folly in us to give such a reverance to 











301 


THE NEW CONSTITUTION. 


the acts of our ancestors as to cut them off from the 
generous influence of progressive reform. To do so 
would be to throw inexperience away, to deny the 
progressive development and advancement of the age, 
and to settle down upon the conservatism which con¬ 
vulses the government of an intelligent people, because 
it will not advance with the progressive spirit of in¬ 
creasing light and knowledge. Our ancestors would 
have claimed no such privilege for themselves. It is 
not for one generation to legislate for those who shall 
follow them, for the simple reason that they cannot see 
into futurity—that they cannot understand the coming 
circumstances and interests of their children; and it is 
not necessary. The full grown man can provide for 
himself, for he is conversant with all around him, and 
knows his own wants, better than his father could have 
known them half a century ago. 

The matter before the people now is, to decide wheth¬ 
er a Convention shall be called to take into considera¬ 
tion the revision of the Constitution. The present 
Constitution provides that “whenever two-thirds of the 
General Assembly shall think it necessary to amend or 
change this Constitution, they shall recommend to the 
electors at the next election to vote for or against a 
Convention; and if it shall appear that a majority of 
the citizens of the State, voting for Representatives, 
have voted for a Convention, the General Assembly 
shall, at their next session, call a Convention to con¬ 
sist of as many members as there be in the General 
Assembly, to be chosen in the same manner, at the 
same place, and by the same electors that choose the 
General Assembly; who shall meet within three months 
after the said election, for the purpose of revising, 
amending or changing the Constitution.” We have 
given this provision of the Constitution at the request 
of a friend, that all may understand it. 

We have stated our views in favor of a Convention. 
We know there are some who honestly differ with us, 
and we shall be pleased to give them our columns for 
the discussion of this subject. It is a matter of too 
much importance to be acted on, until both sides are 
fairly heard. Come, friends, if you have anything to 
say, let us hear from you. 

Horseherds in the Hungarian Army. 

A recent letter from the seat of war in Hungary de¬ 
scribes, in considerable detail, the formidable auxiliaries 
the Magyar armies have found in the wild population 
scattered over the vast steppes and forests of the inte¬ 
rior, particularly the horseherds, or tenders of the troops 
of wild horses of the plains, the swineherds and fisher¬ 
men. The first named of these are especially dreaded 
by the Austrian troops, on account of the extraordina¬ 
ry weapon they carry and use with deadly skill. It is 
simply the whip, with which they select and catch any 
horse of the herd they wish to tame and oispose of. The 
application of it in war is quite a novelty. It has a 
handlenotmore than two feet in length, while the thong 
measures from 15 to 20; a leaden ball is fixed to theend 
of it, like shot on a fishing line; when thrown it acts 
like a lasso, curling round man or horse, or it strikes 
either to the earth with a crushing blow. The horse¬ 
herds (or Chykosz) are so skillful in the use of this wea¬ 
pon, that at full gallop they will strike an enemy with 
unerring certainty, on any part of the body they please. 
In skirmishes, any isolated foot soldier if he fires his 
musket and misses, is lost before he can attempt to re¬ 
load ; the wild horseman rushes past, and with the sweep 
of his ball-loaded thong, stretches him lifeless on the 
earth by a blow on the head. There are some thous¬ 
ands of these men in the Hungarian armies, and they 
are generally mixed with the light hussars and sent 
against the heavy Austrian cavalry. They often strike 
the officers from their horses with incredible dexterity. 


I The wounds this weapon inflict are described as fright¬ 
ful. Before it was known that these horseherds were 
! serving in the Hungarian ranks, a great number of cui- 
| rassiers were brought into Pesth, wounded in a manner 
the military surgeons could not explain. The injury 
was neither a cut, nor a puncture, nor a gun shot 
1 wound, and the soldiers were for a long time ashamed 
to acknowledge that it was caused by so ignoble a wea- 
1 pon as a whip. Fortunately it can only be used where 
the horseman has ample space; in anything like “close 
order” it would be as dangerous to friends as foes.— 
One of these men was lately taken prisoner at Wiesel- 
bnre, and probably to obtain an exact knowledge of the 
power of his arm, he was ordered to display his skill in 
the camp. 

A stuffed figure was set up, the Austrian officers poin¬ 
ting out the parts he was to strike while in full career. 
Twice he did as directed, but the third time introduc¬ 
ed a startling variation, swinging his whip in a wide 
circle he dashed his horse at a point of the line of sol¬ 
diers round the place of exercise, broke through it, and 
was far on his way to the open field in an instant, un¬ 
touched by the volley of balls sent after him. The 
Swineherds (or kanasij) are generally Serviens; their 
weapon is a small axe, with a rather long handle, call¬ 
ed fnkosch, and they throw it with such dexterity that 
at 80 or 100 paces they rarely miss a man, and the blow 
is almost always fatal, as the Austrian army surgeons 
can testify. The fishermen are employed in construc¬ 
ting bridges in their own manner, on a sort of tub, in a 
style which the Austrians at first ridiculed exceedingly 
—but though rude they were effective, and put togeth¬ 
er in a very short time, and have proved of the greatest 
use in the Hungarian operations. 

Abduction of Hey—His letters, &c. 

The New Orleans Crescent of the 25th publishes 
Rey’s letter to the American Consul, acknowledging 
his abduction and claiming the protection of the United 
States Government, together with the correspondence 
between the Captain-General of Cuba and Col. Camp¬ 
bell, our Consul. Thesume paperalso publishes Rey’s 
declaration before the Captain-General and soldiers.— 
This confession, he now says, was made under the in¬ 
fluence of terror. The confession was that Rey had 
left New Orleans voluntarily. There is a high state of 
excitement in New Orleans, and the papers are filled 
with comments. 


A Heavy Letter. —Eleven dollars and sixty cents 
postage was paid on a letter to the care of Mr. G. W. 
Simmons, of Boston, received by the last mail from 
California, from a young man formerly foreman in the 
Boys’ Cutting Department, at Oak Hall, It was his 
remittance of sixteen ounces of gold dust collected by 
himself at the mines, and remitted home to his mo*her. 

Postage. —The postage on this work is the same as 
on a newspaper. 

tCFBack No’s of this paper can bo furnished to all 
persons subscribing soon for ‘The New Constitution.” 

THE NEW CONSTITUTION. 

BY S. MED ARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ “ “ 10 00 

[UTAH Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
n advance. 

(CP Friends of The New Constitution every where 
are also requested to act as Agents and Correspondents 


















THE NEW CONSTITUTION. 



“power is always stealing from the many to the few.” 


Vol. I. 

Columbus, Ohio, Saturday, September 15,1849. 

No. 20 


Postage. —The postage on this work is the same as 
on a newspaper. _ 


Voting for or against a Convention to amend 
the Constitution, &c. 


0°Back No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 

The Wheeling and Belmont Bridge Case. 

The decision of Judge Grier, of the U.S. Court, is 
one of interest to the people of this state, and we give it, 
together with the argument, in full, in our paper of to¬ 
day. It will be found deeply interesting. 

H^The decision has been the subject of extended re¬ 
mark and of much misrepresentation. 

Great National Railroad Meeting. 

A call appears in the St. Louis papers for a great na¬ 
tional Railroad meeting, to be held in that city on the 
third Monday of October next. The object is a Rail¬ 
road to the Pacific. How many delegates will Colum¬ 
bus send? 

The New Constitution to be submitted to the 
people for approval or rejection. 

The charge has been industriously, yet secretly made 
by the enemies of Constitutional Reform, that if a con¬ 
vention be called to amend the Constitution, that no 
matter how bad a Constitution they make, the people 
will be bound by it. This is not true. 

When the new Constitution for Ohio, is framed, it 
will be published and submitted to the people, to say 
whether it shall govern the state or not. If a majority 
of the voters, vote yea, then it has a binding force on 
the people, but if the majority vote against it, then it 
will have no more of a binding force, than a law al¬ 
ready repealed. 

The present Constitution, under peculiar circumstan¬ 
ces, became the law of the state without a vote for its 
approval or rejection, and it is claimed now to have 
binding force only because the people, for forty-six 
years, have acquiesced. The question as to the right 
of the convention, to frame a Constitution and to give 
it the binding force of a fundamental law, was not 
raised at the time, or a decision against its legality, 


A correspondent of the Ohio State Journal,has asked 
the editors of that sheet certain questions in relation to 
the manner of voting for or against the convention to 
call a new constitution. As the Journal editors seem 
unwilling to answers those questions, we give them 
below with the information asked for: 

“1st, Is each elector bound to vote for or against a 
convention on the same slip of paper or ticket contain¬ 
ing the names of candidates for representatives? 

“2d, If yea, can the judges of the election reject, in 
their final count, a vote cast for a convention, provided 
it appears from the ticket of the elector so voting, that 
he did not vote for Representatives?” 

The joint resolution passed at the last session of tbo 
Legislature, allowing the electors to vote for or against 
a convention, is in these words: 

Resolved by the General Assembly of the State of Ohio, 
(two-thirds of the members of each House of the Gen¬ 
eral Assembly concurring therein,) That it is necessary 
to amend the Constitution of the State of Ohio, aud 
we do hereby recommend to the electors, at the next 
election for members of the General Assembly, to vote 
for or against a convention, agreeably to the provisions 
of the fifth section of the seventh article of the Con¬ 
stitution; and the judges of elections held within each 
and every township of this State, shall receive aud 
transmit with the return of votes given for member* 
of the General Assembly, to the Clerk of the Court of 
Common Pleas within their respective counties, astale- 
ment of all the votes given within their respective 
townships, for and against a Convention. And the 
Clerks of the Courts of Common Pleas in the several 
counties within this State,are directed to include in the 
general abstract of votes given within their respective 
counties for members of the General Assembly, a state¬ 
ment of the number of votes given within their re¬ 
spective counties for and against a Convention to amend 
the Constitution of this State, and returned to their 
respective officers, and forward the same to the office 
of the Secretary of State previously to the next session 
of the General Assembly. 

The 5th Section of Article 7, of the Constitution of 
the State, named in the above, reads as follows: 


would undoubtedly have been had. ,The common 
consent of the people, it is claimed, gave it the full 
force of law. Even the Ohio State Journal, a paper 
strongly opposed to a change of the Constitution, has 
been forced to admit, that a new Constitution, when 
framed, must be submitted to the people, for its appro¬ 
val or rejection. The charge that such is not the fact, 
is only made to frighten the timid from voting fora 
Convention. 


“Sec. 5. That after the year one thousand eight 
hundred and six, whenever two-thirds of the general 
assembly shall think it necessary to amend or change 
this constitution, they shall recommend to the elector*, 
at the next election for members to the general assem¬ 
bly, to vote for oragainsta convention; and if it shall 
appear that a majority of the citizens of the State, vot¬ 
ing for representatives, have voted for a convention, 
the general assembly shall, at their next session, call 
a convention, to consist of as many members as there 
be in the general assembly; to be chosen in the same 






















300 


THE NEW CONSTITUTION. 


manner, at the same place, and by the same electors 
that choose the general assembly; who shall meet with¬ 
in three months after the said election, for the purpose 
of revising, amending or changing the constitution.— 
But no alteration of this constitution shall ever take 
place so as to introduce slavery or involuntary servi¬ 
tude into this State.” 

The resolution of last winter is almost identical in 
language with that passed in Dec. 1818, and under 
which the people of Ohio at the annual election in 1819, 
decided against any alteration of the State Constitution 
at that time. The mode of voting then, was the same 
that should be, and we doubt not will be pursued now, 
and it was this: 

On each tickei was written or printed the words “For 
a convention,” or “against a convention,” eitherat the 
head or the bottom of the ticket. An elector was no 
more bound to vote for a convention or against a con¬ 
vention, than he was bound to vote for a county com¬ 
missioner, auditor or any other officer. The failure so to 
vote did not vitiate the vote for representative, as the 
elector had the right to vote on the convention question 
without voting for a representative, and vice versa, and 
to have his vote counted the same as if his ticked was 
full, and the judges in 1819, had not, neither will they 
have now, any right to reject “a vote cast for a conven¬ 
tion provided it appears from the ticket of the elector 
so voting, that he did not vote for Representative. 

3d, If the judges cannot thus reject, in their count, 
any vote cast for a convention, for the reason stated,; 
and a greater number of votes should be given in the | 
Slate, on the question of calling a convention, than \ 
are cast for Representatives, and a majority of the I 
whole number of votes given on that question are 
against a convention, but a majority of the whole num¬ 
ber cast for Representatives in favor of it, will the gen¬ 
eral Assembly be compelled to call the convention? 

Certainly not! If a majority of the whoio number 
of votes giver, are against the calling of a convention, 
the question will be decided as lost, and the Legisla¬ 
ture will not pass any law on the subject. The clear 
meaning of the words “a majority of the citizens of 
the state voting for Representatives,” is to prevent the 
calling of a convention without an expression of opin¬ 
ion by a number of citizens less than the whole voting. 
Such was the interpretation given to the section in 
1819, and such was no doubt the intention of the 
framers of the constitution. 

The returns are transmitted to the Secretary of State 
with, and included in the abstract of votes given with¬ 
in the respective counties for members of the General 
Assembly, and it will be the.duty of the Secretary of 
State to report to the General Assembly the whole 
number of votes cast in the State, by counties, for 
members of the General Assembly, and the whole 
number of votes cast for and against the Convention, 
and if the number of persons voting for a Convention, 
exceed those voting against it—and if the number of 
votes cast for a Convention, is greater than one half the 
number cast for Representatives, then it will be the 
duty of the Legislature at its next session, to pass a 


law providing for the election of delegates to amend 
the State Constitution. 

Such being the tacts in regard to the voting on this 
question, it behooves the friends of Constitutional re¬ 
form to be on the alert, and to see that every ticket has 
upon it the words, “For a Convention .” Every ticket 
voted, not having these words upon it, counts as a vote 
against the calling of a Convention to amend the state 
Constitution, and on this fact, the opponents of reform 
rely to defeat the measure. They know that if all of 
its friends should vote, that a very large majority 
would cast their suffrages for a Convention, but they 
hope much from carelessness, in the omission to place 
the words upon the tickets, as printed, and that many 
friends of Constitutional reform, in omitting to vote 
for, in reality will vote against a new Constitution. Let 
the friends of the Convention give the candidates for 
the Legislature and for county officers to understand, 
that the omission to have the words “for a Conven¬ 
tion” printed on their tickets, will lose them votes, and 
the evil will be remedied, for candidates, in that case, 
will be particular in seeing to the matter in time. The 
absence of the words necessary to make the vote tell 
in favor of the Convention, should be taken as evi¬ 
dence prima facie that the candidate who gets them 
printed, is lending himself to the defeat of this great 
measure of the day, and he should be treated accord¬ 
ingly. 

HUNGARY. 

“Freedom’s battle once begun, 

Though baffled oft, is ever won.” 

I. 

Alas for Hungary ! prostrate and chained, 

Beneath the feet of despots low she lies— 

She, who flung wide her banner to the skies, 

By conquest gilded and by valor stained ; 

What ! shall her cause no longer be maintained ? 

Must she deserted, grovel in the dust. 

Without one boon from generous Freedom gained ? 

Forbid it, Heaven ! Forbid it, faith and trust 
In virtue, courage, constancy, and all 
That most ennobles men, resolved to win 
Most glorious victory, or, fighting, fall 
In the red midst of battle’s wildest din. 

’Tis not in hearts so brave to quail or yield, 

While the broad land holds one unconquered field. 

II. 

No ! step by step shall she again achieve 
The mighty independence that belongs 
To men impatient of Oppression’s wrongs, 

And resolute to triumph more than grieve 
O’er dark misfortune. She shall nobly heave 

The burden from her breast, and stand once more 
Proudly amid the nations famed of yore, 

And a bright memory to the future leave. 

Kossuth survives—his hero soul still beats 
Invincible, and patriot armies send 
Bold, martial strains from their unsealed retreat, 
Vowing to fight victorious to the end. 

Where glow such hopes, where burn such high de¬ 
sires, 

Nor cloud nor storm can quench fair Freedom’s 
fires ! 

PARK BENJAMIN. 











307 


THE NEW CONSTITUTION. 


The State of Pennsylvania, vs. the Wheeling 
and Belmont Bridge Company and others. 

The State of Pennsylvania, 'j In the Supreme Court 

| of the United States, 
vs. | in vacation. 

Motion for injunction 
The Wheeling and Belmont before Mr. Justice 
Bridge Company and others. J Grier. 

On the sixteenth of August, at the Court Room of 
the Circuit Court of the United States, in the City of 
Philadelphia, before Mr, Justice Grier, one of the 
Judges of the Supreme Court of the United States, 
Mr. Stanton appeared to move for an injunction in be¬ 
half of theStateof Pennsylvania, at the instance of 
her Attorney General, against the Wheeling and Bel¬ 
mont Bridge Company, and their agents, William Otti- 
son and George Crofts. 

Notice of the motion was given on the 28th of July. 
At the same time a copy of the bill was served upon 
the defendants. The bill stated, among other things,— 
“That the Ohio river being one of the navigable wa¬ 
ters leading into the Mississippi, is, and for a long time 
hath been, an ancient navigable public river, and com¬ 
mon highway, free to be navigated by the citizens of 
the state of Pennsylvania, as well as by all other citi¬ 
zens of the United States. That heading at Pittsburgh, 
in the state of Pennsylvania, and running through that 
6tate for the distance of fifty miles, navigable for its 
whole extent from Pittsburgh to its mouth, many citi¬ 
zens of that state long have been, and of right were, and 
still are accustomed to navigate said river, to pass and 
repass along its course and channel, unobstructed, and 
at pleasure, with their steamboats transporting passen¬ 
gers in great numbers, carrying large quantities of 
freight, and conducting a valuable trade and commerce 
between the city of Pittsburgh, in the state of Penn¬ 
sylvania, and the ports of Cincinnati, Louisville, St. 
Lohis, New Orleans, and many other places on the 
Ohio and Mississippi rivers and their branches. 

“That the defendants are erecting a bridge one hun¬ 
dred miles below Pittsburgh, across the channel of the 
Ohio river, between Zane’s island and the main Virginia 
shore or bank at Wheeling. That this bridge will hin¬ 
der and prevent the passage of citizens of the state of 
Pennsylvania along said river under said bridge, with 
their steamboats, as they are commonly accustomed to 
do, and will obstruct navigation of the Ohio river. That 
it will interrupt, hinder, and disturb the citizens of the 
state of Pennsylvania in their lawful use and enjoy¬ 
ment of the Ohio river, as a common highway in pass¬ 
ing and repassing the same, will increase the difficulty, 
hazard, and expense of navigating it with their steam¬ 
boats carrying passengers and freight as they have been 
accustomed, and are now doing, and have right to do; 
and will interrupt, diminish, and greatly disturb the 
trade, commerce, and business of the citizens of Penn¬ 
sylvania over and upon said river, and between the city 
of Pittsburgh, and other ports on the Ohio and Missis¬ 
sippi rivers and their branches; to the great damage 


and common nuisance of the citizens of Pennsylvania, 
as well as of other citizens of the United States, and to 
their irreparable injury.” 

It is also stated that the bridge was erected undercol¬ 
or of an Act of the Virginia General Assembly, which 
provides, “If the said bridge, mentioned in the eighth 
section of this act, shall be so erected as to obstruct 
the navigation of the Ohio river in the usual manner, 
by such steamboats and other crafts, as are now com¬ 
monly accustomed to navigate the same, when the river 
shall be as high as the highest floods heretofore 
known, then, unless upon such obstruction being 
found to exist, such obstruction shall be immedi¬ 
ately removed or remedied, the said last mentioned 
bridge may be treated as a public nuisance, and abated 
accordingly.” That steamboats were accustomed to 
navigate the river requiring aspace of eighty feet above 
the water service, and that the flood of 1832 was 
feet above low water level, usual springfloods being 35 
feet, and that the bridge, was to be only 93^2 Ref above 
low water level at its eastern end, and 62 feet at the 
west end. 

It was also stated, by way of amendment, that the 
State of Pennsylvania owed and possessed certain val¬ 
uable public improvements of canals and railways for 
the transportation of passengers and goods, constructed 
at great expense, for channels of commerce, to connect 
the waters of the Delaware river with the Ohio at 
Pittsburgh, and the waters of Lake Erie with the Ohio 
at Beaver. That from the transportation of passengers 
and goods along these works, she was accustomed to 
receive large tolls and revenue. That these works ter¬ 
minated at, and are constructed with direct refer¬ 
ence to the free navigation of the Ohio river. That 
the goods and passengers transported to and from 
those ports upon her improvements, were accustomed 
1 to arrive and depart in steamboats along the Ohio river; 
and that the Wheeling Bridge would so obstruct navi¬ 
gation of the river as to cut oft' the trade and business 
along the public works of Pennsylvania, impair and 
diminish her tolls and revenue, and render her improve¬ 
ments useless. 

The bill prayed injunction and general relief 

With the bill were filed exhibits, viz: 

1. The act of incorporation by the General Assem¬ 
bly of Virginia, under which defendants claim right to 
erect the bridge. 

The charter contains this clause. 

“If the said bridge mentioned in the eighth section 
of this act, shall be so erected as to obstruct the navi¬ 
gation of the Ohio liver in the usual manner by such 
steamboats, and other crafts as are now commonly ac- 
accustomed to navigate the same when the river shall be 
as high as the highest floods heretofore known, then unless 
upon such obstruction being found to exist, such ob¬ 
struction shall be immediately removed or remedied, 
the said last mentioned bridge may be treated as a pub¬ 
lic nuisance and abated accordingly. 

2. A report of the engineer of the Bridge Company. 

According to this report the bridge is to be construc¬ 
ted as represented in the annexed diagram. The bridge 
is ^presented to be 92 feet at the water’s edge, above 
the low waterline, on the Wheeling side, and on the 
island side 62 feet, deflecting from the water’s edge at 
Wheeling to the Island at the rate of 4 feet in 100. 

The report also states that the flood of 1832, was44j^ 
feet above the low water level. 














THE NEW CONSTITUTION. 


.Oior 


303 



tow IVJTf# 


Explanation. 

The above diagram taken from the Engineer’s report, exhibits, on a reduced scale, the elevation of the Wheel¬ 
ing Bridge. The line A represents the high water mark of 1832. A line drawn from the points bb will repre¬ 
sent the height of water at usual Spring floods, 35 feet. The summit of the eastern tower is 21% feet above 
the western tower.— Engineer’s Report, 9. The average height of St. Louis steamboats is 65 feet The packets 
80 feet high, 60 feet broad. 

The height of river at Wheeling, above low water level, as sworn to by the Wharf Master, is thus stated: 


1838. 

May, 31 feet. 

1844. 

March, 20 a 30 feet. 

1839. 

May, 20 a 30 feet. 

1845. 

March, 35 feet. 

1840. 

February, 38 feet. 

March, 31 feet. 

1846. 

March, 30 feet. 

1841. 

1847. 

Nov. and Dec., 30 a 38 feet. 

1842. 

March, 20 a 30 feet. 

1848. 

30 feet. 

1843. 

March, 20 a 30 feet. 

1849. 

May, 31 feet. 


A supplemental bill was also exhibited by Complain¬ 
ant’s counsel, setting forth that since the preparation of 
the original bill and service of notice, the defendants 
had proceeded with their work, and had stretched iron 
cables across the channel of the river so as to obstruct 
navigation. It prayed that these might be abated, and 
for relief, as in original bill, 

Mr. Cadwallader, for defendants, objected to the sup¬ 
plemental bill being read, on the ground that notice of 
it had not been given, nor copy served. 

Mr. Stanton replied, that notice and service of copy 
was unnecessary. Copy of the original bill was fur¬ 
nished exgratia, being required by no rule. He cited 
the Cherokee case. 

Mr. Justice Grier. The supplemental bill may be 
read. 

The complainant’s counsel then offered to read affi¬ 


davit of the defendants. As yet, we do not know that 
the affidavits will contradict the answer. 

The complainant’s counsel then read affidavits to show 
among other things: 

1. The amount of steamboat trade and commerce of 
the Ohio, between Pittsburgh and the ports of Cincin¬ 
nati, Louisville, St. Louis, New Orleans and other 
places on the Ohio and Mississippi rivers. 

2. That a large portion of the steamboats engaged in 
this trade are owned and navigated in whole or in part 
by citizens of Pennsylvania. 

3. That the principal steamboats engaged in this trade 
require for free passage, from 60 to 80 feet space above 
the water surface, and as now constructed, cannot, on 
high water, pass the bridge at Wheeling. 

4. That the present diameter and height of their 
chimneys has been found by experience to be essential 
to their speed and capacity, and cannot be reduced with- 


davils in support of the bill, to which defendants’ coun- out impairing the fitness of the boats for profitable and 
s;l objected on the ground that they were now ready to - - ■ 

file their answer, and that it could not be contradicted 
by affidavits. 

This objection was overruled on the ground that, 
although the statute required notice to be given to the 
defendants of the application for an injunction, yet 
the proceeding before a single judge was in its nature 
exparte, and the complainant has a right to proceed in 
the usual way, aud the defendants would afterwards be 
permitted to read their answer, which should then have 
its due and legal effect, valeat quantum valeat; that 


the answer not being actually on file, the judge was not 
bound officially to know that there was one, especially 
as the subpoena had not yet issued; and although it is 
the universal practice in the English courts of chan¬ 
cery to dissolve and to refuse to renew an injunction 
which has been granted ex parte on the coming in of 
the answer, provided the answer denies the circum¬ 
stances on which the equity of the bill is founded, and 
not to receive affidavits to contradict the answer, yet 
the judge did not think it proper to receive the answer 
in that state of the proceedings to anticipate the com¬ 
plainant’s case, in a proceeding in its nature ex parte, 
saying, to the counsel, if, when you turn comes to be 
heard, you read your answer, and it is found to deny 
the facts alleged in the bill, we will then decide wheth¬ 
er it shall be received as conclusive, or only, (as is the 
practice in the circuit court in patent cases,) as an affi¬ 


useful trade and commerce. 

5. That their chimneys cannot be lowered so as to 
| pass the bridge at Wheeling on high water, without 
{ changing their construction, at a great expense; and 

the process of lowering and hoisting will always be 
attended with expense, delay and imminent hazard to 
the safety of the boat, its crew and passengers,—chim¬ 
neys being 6 feet in diameter, and over 40 feet above 
the hurricane deck. 

6. That the Pittsburgh packets, and other boats of 
the largest class have been accustomed to navigate the 
river to and from Pittsburgh, at their present height, 
and no boats lower their chimneys except when com¬ 
pelled by the state of water in the river to pass through 
the canal around the falls at Louisville. 

7. That the boats accustomed to lower at Louisville 
are built with reference to passing through the canal, 
and are much smaller in size and capacity than the 
Pittsburgh packets, and other boats accustomed to nav¬ 
igate the rivers in high waters. 

8. That in the opinion of many practical^ men it'is 
impossible to reduce or lower the chimneys of such 
boats as are engaged in the packet trade. ’And that 
the bridge at Wheeling will so obstruct their naviga¬ 
tion at high water, for which they are specially adapt¬ 
ed, as in a great measure to exclude them from busi¬ 
ness and diminish theirvalue—there being seven pack¬ 
ets costing each from thirty to forty thousand dollars. 





































THE NEW CONSTITUTION 


309 


9. That the bridge at Wheeling will so obstruct nav¬ 
igation that a large portion of trade hitherto accus¬ 
tomed to pass and repass to and from Pittsburgh will 
be excluded from that port and other ports of Ohio and 
Pennsylvania above Wheeling. 

10. That in the opinion of competent engineers, 
a bridge might be so erected as not to obstruct naviga¬ 
tion. 

Mr. Stanton, in support of the motion, claimed— 

1. That any unauthorized obstruction to navigation 
of the Ohio, it being a public navigable river and com¬ 
mon highway, is a public nuisance that may be en¬ 
joined by a court of equity having jurisdiction. 

2. That the Wheeling bridge is an unauthorized ob¬ 
struction to navigation of the Ohio river. Being erec¬ 
ted by a private company over a public navigable river 
and common highway, the presumption is that it is a 
nuisance, and the burden is on the defendants to show 
that it is no impediment to navigation. That if the Vir¬ 
ginia Charter authorizes the erection of the bridge affec¬ 
ting as it does navigation of the Ohio, it is a regulation 
of commerce; that it operates to give a preference, by a 
regulation of commerce, to the ports of one state over 
another, and is therefore void on both grounds, being 
against these provisions of the Constitution of the 
United States:—Congress shall have power to regulate 
commerce. Article 1, sec. 88, 4th clause. No prefer¬ 
ence shall be given by any regulation of commerce to 
the ports of one state over those of another. Article 
1, sec. 9, 5th clause. That the bridge now erecting is 
not in compliance with the terms, and is, therefore, un¬ 
authorized by the charter granted by the Virginia Gen¬ 
eral Assembly. Although the charter does not prescribe 
the height of the bridge by specific number of feet, it 
refers to a well ascertained mark, known and recog¬ 
nized by the Company “the highest flood heretofore 
known,” admitted by the Company, to be 44^> feet 
above low water level. It directs the bridge to be erec¬ 
ted so as not to obstruct navigation by steamboats at 
that^ieight. That direction is an imperative condition. 
Drew. luj. 295. The Company cannot enlarge their 
franchise on the ground that this was an extraordinary 
flood, and may never again happen. They must come 
up to the standard prescribed by their charter or lose 
its protection. 

They took the charter cum onere , and as was said by 
Story, J. in Charles River Bridge v. The Warren 
Bridge, 11 Peters, 613—“The moment the charter was 
accepted, the pioprietors were bound to all the obliga¬ 
tions of their contract on their part. The proprietors 
took the charter, and must abide by their choice.” 

3. That free navigation of the Ohio river being a 
right belonging to citizens of Pennsylvania, she may 
sue in the Supreme Court of the United States to re¬ 
strain an infringement of that right by citizens of anoth¬ 
er state, and any Judge of that Court may grant an in¬ 
junction. The party complaining being a State, suo- 
ing citizens of another State, the Supreme Court of 
the United States has original jurisdiction. Cons. Art. 
3. Sec. 7 —Judicial Act, 1787 , Sec. 13—1 Statutes at 
Large, 80. 

In vacation, an injunction may be granted by any 
Judge *f the Supreme Court, judicial Act, Marche, 
179*, 5— Cortckling’s Treatise, 12—1 Statutes at 

Large, 333— Livingston v. Van Ingen, 4 Hall's Ameri¬ 
can Law Journal, 457—2 Pet. U. S. Dig. 457. 

To these points numerous authorities were cited. 

The defendants then fled to the original bill their answer, 
in which it teas set forth. 

That by the statues of Virginia, referred to in the 
bill, tho defendants are the delegates and trustees of 
certain franchises, part of the eminent domain of that 
tale, exercisable within her territory. 


That the sovereignty of Virginia over the place in 
which this erection is to be made, has never been ceded 
or surrendered. That the clause of the ordinance of 
1787, which declared that, 

“The navigable waters leading into the Mississippi 
and St. Lawrence, &c., shall be common highways, 
and forever free to the citizens of the United States, &c., 
was not intended to operate within the reserved terri¬ 
tory and sovereignty of Virginia. 

That a free navigation is not to be understood as one 
free from such partial or incidental obstacles,as the best 
interests of society may render necessary, and does not. 
prevent states from constructing in or over such rivers, 
such beneficial bridges or useful improvements of nav¬ 
igation, as may not materially obstruct them as high¬ 
ways. 

That Congress, in 1806, ordered a road to be con¬ 
structed from Cumberland to the Ohio, and afterwards 
for its continuation from the western bank of Ohio, to 
the Muskingum river and Zanesville, and so on, through 
the states of Ohio, Indiana and Illinois. That this 
road was afterwards surrendered to the states through 
which it passed 

That the passage by ferry between Wheeling aud 
Zane’s island, was found dilatory aud precarious by day 
and ordinarily useless by night, being frequently im¬ 
passable on account of ice, &c 

That a bridge being much desired by the people of 
Ohio and Virginia—acts were passed in 1816 by thoso 
states, authorizing a bridge across the river at Wheel¬ 
ing, but which provided that if such bridge should be 
so constructed as to injure the navigation of the said 
river, it should be treated as a public nuisance, and be 
liable to abatement as other public nuisances. And ten 
years were allowed for the completion of the bridge. 

That by an act of Virginia of 1836, certain facilities 
for the reorganization of the said company were con¬ 
ferred, and the time, by consent of Ohio, extending 
ten years longer—that this company constructed a 
bridge from Zane’s island to the Ohio, or western 
shore. 

That on the 14th March 1847, the legislature of Vir¬ 
ginia passed an act reviving and continuing certain 
parts of the former acts, and providing for the reor¬ 
ganization of the corporation “with power to erect and 
keep a wire suspension toll bridge on and from Zaue’s 
island, to and upon the main Virginia shore or bank at 
the city of Wheeling.” 

That this act had the following proviso—“That if 
the said bridge shall be so erected as to obstruct the 
navigation of the Ohio river in the usual manner by 
such steamboats and other crafts asare now accustomed 
to navigate the same when the river shall be as high as 
the highest flood therein heretofore known, then unless 
upon such obstruction being found to exist, such ob¬ 
struction shall be immediately removed or remedied, 
the said last mentioned bridge may be treated as a pub¬ 
lic nuisance, and abated accordingly.” 

That respondents were organized under this act in 
May, 1847, and an engineer appointed in July, 1847, 
who reported a plan which was published, and exten¬ 
sively circulated, and made contracts for its erection in 
September, 1847. 

That the elevation of the bridge at the highest 
point over the channel is over 933^ feet above low water 
surface. 

That for 18 months past it has been “steadily and 
notoriously progressed with;” that the persons at 
whose suggestion these proceedings are instituted, 
must have known it, and yet while all this expensive 
work was being done, no objections were made, but the 
work quietly permitted to progress, until nearly the 
whole cost of the bridge was expended, the first wires 










310 


THE NEW CONSTITUTION. 


drawn over, and the bridge on the eve cf completion. 

The answer insists on the following grounds of objec¬ 
tion to the proceedings. 

1st. That if the evils imputed to this bridge were 
true, the persons injured might have remedy in the 
courts of Virginia, and her Attorney General is ready 
tojnstitute proceedings by quo warranto or indictment. 

2d. That the complainant has no corporate capacity 
to become a party to a suit in the supreme court, to 
protect or vindicate the rights of her citizens: and 
prays that this part of their answer may stand for a 
demurrer or plea, as well as answer. 

3d. The defendants admit that the citizens of Penn¬ 
sylvania in common with the citizens of the whole 
United States, are entitled to the use of the Ohio as a 
common highway, but claim that their bridge is notan 
obstruction, and is itself a connecting line of a great 
public highway, as important as a means of inter-com- 
munication, as the navigation of the Ohio, and “claim 
the principle of concession and compromise, which en¬ 
ters so largely into the structure of our government.” 
That this bridge will be very beneficial to the people of 
the neighboring states. 

4th. That the state of Pennsylvania herself has set 
the example of authorizing bridges to be constructed 
across this stream no higher than this. 

5th. That the report of certain engineers of the 
U. S. to Congress, in 1848, recommended a wire bridge, 
and gave as their opinion that “by an elevation of 
ninety feet, every imaginable danger of obstructing or 
endangering the navigation would be avoided.” 

Also, That certain reports of committees in Con¬ 
gress recognized the necessity of a bridge at Wheeling, 
and recommended an appropriation, stating that a 
bridge can he erected that will not offer the slightest ob¬ 
struction to the navigation. 

6th. That the objections to the bridge are only to 
the insufficiency of headway for steamboats, and they 
aver that the headway left is amply sufficient; that the 
highest usual rise of the river Ohio does not exceed 
thirty-eight and a half feet, but will not average thirty 
five feet for spring floods, nor much exceed twenty- 
nine feet; that the flood of 1332 was an extraordinary 
flood, which rose forty four and a half feet above low 
water at Wheeling, on the 11th February, 1832; that 
landings and warehouses were under water,and the riv¬ 
er too high for navigation—or if navigated, that boats 
might have passed over Zone’s island. 

7 th. That for all useful purposes the pipes of steam¬ 
boats need not exceed forty-seven feet above the water, 
and if the draft should not be sufficient at that height, 
that blowers might be added. 

That chimneys might have hinges on them so that 
they could be lowered without much inconvenience. 

That the bridge over the canal at Louisville does not 
give a headway of over fifty six feet, and chimneys of 
greater height usually have hinges to accommodate 
themselves to it. and steamboats made with high chim¬ 
neys and without hinges, should couform, “because the 
height of chimneys of steamboats above a certain lim¬ 
it involves secondary considerations of contingent and 
relative expediency, or convenience rather than such as 
are of absolute importance or necessity in connexion 
with the material or indispensable purposes of naviga¬ 
tion.” 

8th. That the bridge will not be an appreciable in¬ 
convenience to boats of the average class, whose height 
they aver, will not average over fifty-two feet, and not 
sixty-five feet as stated in the bill; but it is admitted 
that there are boats whose chimneys are of greater 
height , which is asserted to bs unnecessary; orif nec¬ 
essary, they should be provided with hinges; that these 
high chimneys have been but lately brought into use, 
are of "extravagant and unnecessary ” height, and “got 


up” by commercial rivals who promote these proceed¬ 
ings “in the name of a sovereign state, to destroy a use¬ 
ful and necessary work.” 

9th and lastly. That the bridge will not diminish or 
destroy trade between Pittsburgh and other ports, or do 
irrepariable injury to the citizens of Pennsylvania. 
Affidavits were also read to support the answer. 

Mr. Cadwallader, for defendants, made the following 
points in argument, and cited authorities to sustain 
them:— 

1. The State of Virginia had a right to construct 
this bridge through the agency of the defendants, as 
they were authorized to construct it by their charters. 

2. The plan of construction adopted by the defen¬ 
dants in 1847, and since carried into effect,Jinvolves no 
obstruction of navigation as secured by the federal 
constitution and legislation. 

3. Navigators ought to adapt to the headway' of a 
bridge so constructed such variable appliances as those 
by which the length of chimneys beyond a certain 
length may be regulated. 

4. As the State of Pennsylvania gave her cotempo- 
raneous sanction to a bridge of less headway over the 
same river, she, as complainant, would have had no 
standing in a Court of Equity to complain of its con¬ 
struction if her bill had been filed in proper season. 

5. The, present proceeding is too late, as well in rei- 
erence to the effect of delay on the alleged equity of 
the bill as to the inappropriateness of an injunction to 
restrain a party from doing that which is in a relative 
sense executed. 

6. The case is not between proper parties, or in the 
proper court. The only party entitled in right of sov- 
ereignty to proceed to try the question is the United 
States. If citizens of Pennsylvania were damnified, 
they, and not the State, should have been plaintiff. If 
the proceedings were otherwise proper the State of V ir- 
ginia should be a party. 

4. If the points in question involve subjects of 
known unsettled differences of opinion on the bench, 
which the Court would not decide on an interlocutory 
motion, a single judge will not do so. 

8 The original bill and answeralone are properly be¬ 
fore the judge. If the supplemental bill is to be regar¬ 
ded, an opportunity will be given to make further an¬ 
swer. 

9. The defendants being answered, affidavits will 
not be taken into consideration. If they should be 
considered, time will be given to obtain counter affi¬ 
davits. 

Mr. Stanton, in reply- 

The right of the State of Virginia to construct a 
bridge will not protect the defendants, for she has re¬ 
quired them so to erect their bridge as not to obstruct 
navigation. The plan recommended to Congress was 
rejected, and hence the greater wrong of defendants in 
adopting it, if theirs be the same. The defendants’ 
charter does not compel boats to adapt their headway 
to the bridge, but commands that the bridge be adapted 
to the boats. If Pennsylvania has obstructed naviga¬ 
tion by her bridges, that furnishes no excuse to these 
defendants, as she has not authorized them to do so. 

No laches can be imputed to the State. 

“No length of time will render a nuisance lawful,and 
therefore an acquiescence of twenty years, on the part 
of the public, is an interruption of their rights, will 
not divest those rights nor prevent the community 
from proceeding to abate or prosecutb for the nuisance 
to which they have been subject.” Angell on Water 
Courses, 213. 

Even between individuals or private companies, delay 
while the acts done are only preliminary to the acts 
against which the plaintiff claims relief will not deprive 












THE NEW CONSTITUTION. 


the plaintiff of the benefit of his equity. Drewry on 
Injunction, 294. 1 Railway Cases, 653. 

Tiie charter provides that whenever the bridge shall 
be found to obstruct navigation, it shall be abated as a 
common nuisance. 14 Sec. Charier. 

The State of Virginia is not a necessary party. She 
has nothing to do with the bridge. Bonaparte v. Cam¬ 
den and Amboy Railroad, 1 Baldwin, 205. United 
States t). Osborn, 12 Peters, 205. 

The State of Pennsylvania is properly complainant. 
By virtue of her sovereignty as a State, she is bound to 
protect her citizens in their common rights of trade, 
commerce and navigation. She may do it by forcibly 
abating the nuisance a fortiori, she may prosecute a 
peaceful remedy. Besides, as a mere corporation, she 
is injured in her public works, and on that ground alone 
might sue in this court. There is no unsettled ques¬ 
tion in the case; it is a simple question of nuisance.— 
The charter pronounces the penally of abatement if it 
be a nuisance. 

Nor need there be any question concerning the read¬ 
ing of affidavits against the answer, for the answer ad¬ 
mits all the complainants claim; it confesses the ob¬ 
struction, and the defendants have proved, by their own 
engineer, that he knew before hand in adopting his 
plan that it would obstruct the packets in passing, and 
compel them to lower their chimneys. 

Opinion bv Mr. Justice Grier. 

That the Wheeling Suspension Bridge is not such 
as was authorized by its charter; it will obstruct navi¬ 
gation of the Ohio river, and is a public nuisance. 

That the Bridge Company are bound strictly by 
their charter, and cannot subject navigators to trouble, 
expense, or delay. It is no excuse that the encroach¬ 
ment upon navigation is a small encroachment or a 
little nuisance; nor is the additional cost and expense 
of properly constructing the bridge any excuse. 

That as the State of Virginia has not authorized 
this bridge, she is not a necessary party to this pro¬ 
ceeding. 

That the present application is not too late, be¬ 
cause there was no reason to anticipate that defendants 
would violate their charter. 

That the right of the State of Pennsylvania to 
proceed for an injuction against a nuisance to her citi¬ 
zens without her own territory, is a new question; but 
if she could not on that ground, yet bv reason of the 
injury to her own public works, it is probable she may 
proceed in this Court. 

The defendants are ordered to answer in thirty 
days; the cause will have precedence on the list, and 
on the first day of the next term of the Supreme Court 
of the United States the complainant has leave to move 
for an injunction as prayed for. 

The owner of every boat which may be hindered or 
delayed in the meantime 'from passing along the river 
by the obstruction of the bridge, will have a clear rem¬ 
edy at law to recover damages against the Company, 
and the individuals engaged in its erection. 

If the defendants proceed in the meantime to com¬ 
plete the bridge, they will gain no equity the r eby; and if 
judgement be obtained against them, they will be com¬ 
pelled to abate the nuisance at their own expense. 

By the fifth section of the act of Congress, 7th 
of March, 1793, it is enacted, that writs of ne exeat and 
injunction may be granted by any judge of the Su¬ 
preme Court in cases where they might be granted by 
a Supreme Court or a Circuit Court; and the second 
section of the third article of the Constitution of the 
United States gives original jurisdiction to the Supreme 
Court in cases in which a State shall be a party. 

We shall not attempt to state the many facts brought 
to our notice by the very numerous depositions which 
have been read on both sides, or to determine their rel¬ 


311 

ative credibility it) matters whe.ein they differ. It 
will be sufficient for the purposes of the present inves¬ 
tigation to say, that the following facts are admitted or 
not denied by the answer, and are fully established by 
-he affidavits. 

1st. That the Ohio is a public navigable river and 
common highway, from its head at Pittsburgh to its 
mouth; and the citizens of Pennsylvania, and of the 
United States, have a right to navigate the same, and 
have carried on a valuable trade and commerce on the 
same with steamboats and other vessels. 

2d. That the defendants, a private corporation, are 
constructing a bridge across the same, from Wheeling 
to Zane’s Island. 

3d. That this corporation is forbidden, by the law 
which created it, from erecting their bridge, “so as to 
obstruct the navigation of the Ohio river in the usual 
manner by such steamboats and other crafts as are now 
fin 1847) commonly accustomed to navigate the same, 
when the river shall be as high as the highest flood 
heretofore known,” under the penalty of being treated 
as a common nuisance, and of being abated accord¬ 
ingly. 

4th. That the bridge about to be erected will not 
suffer a large class of steamboats to pass down the usu¬ 
al channel of the river, in the highest flood heretofore 
known, (to wit: that of 1832.) Moreover that the dai¬ 
ly packets from Pittsburgh to Cincinnati could not pass 
under it in the usual high floods of the spring, which 
rise from 30 to 35 feet, unless at considerable loss and 
expense in making hinges, or other contrivances, to 
lower their chimneys,—that these packets generally 
pass at night, and would incur, not only great trouble, 
but risk of property and lives, in thus passing an inclin¬ 
ed plane thirty feet lower at one end than the other. 

Now it is not my intention to give any opinion on 
the points which have been discussed with so much 
learning and ability by the counsel, as to the right of 
Virginia, or any other of the States of the Union, to 
erect bridges over navigable waters, the great highways 
of the commerce of the Union, which are open to all 
the citizens. 

That such bridges have been erected by the authori¬ 
ty of the States heretofore, is well known; and being 
furnished with a drawbridge which permits vessels to 
pass without obstruction at a certain point, have been 
suffered to stand without complaint, notwithstanding 
that the passage along the greater portion of the channel 
lias been obstructed, and the naiigation of the whole 
channel has not been left open and free. 

In these cases when a bridge cannot be erected at all, 
without in some measure affecting the freedom of nav¬ 
igation, it often becomes a matter of necessity that the 
franchise of navigation should be constrained and 
straightened to meetthe exigency, and yield some of its 
rights for the sake of works of great public utility. 
How far the State, which authorises such erections is to 
judge of this necessity, or whether the mere conven¬ 
ience of building a cheaper bridge would authorise 
such an obstruction to navigable waters, are questions 
of very great importance, but which we are notcalled 
upon here to decide, as they do not necessarily arise on 
this motion in the case. 

If the. State of Virginia had authorized the erection 
of a bridge 62 feet high at one end and 93 at the other, 
such as i« now about to be erected, these questions 
might have arisen. But she has not assumed to exer¬ 
cise any such authority over this stream. She has 
authorized a company to erect a toll bridge over the 
river Ohio, if it did not interfere with the navigation. 
She has made provisions in the act of incorporation to 
save this right of navigation free and full as it has ever 
existed, and if these directions had been complied with, 
or were intended to be observed by the company, there 








312 


THE NEW CONSTITUTION. 


would have been no ground of complaint. But the 
company assume that this requisition of their charter 
»9 unreasonable and not binding on them, because such 
a flood as that of 1832 is not likely to occur soon again, 
and if it did, that boats could not run in such a flood. 
This may all be true, but not to the purpose in a ques¬ 
tion of authority. They assume, also, that they have 
a right to compel the navigation to yield to their con¬ 
venience, and because steamboats, in order to enjoy the 
convenience of the Louisville canal, are compelled to 
have machinery to lower their chimneys, that there¬ 
fore the bridge company may compel all boats to un¬ 
dergo the same expense and trouble for the sake of the 

NAVIGATION OF THE CHANNEL. 

They undertake to decide that high chimneys are not 
beneficial, though the experience of others has found 
that the speed of their boats has been greatly improved 
thereby; they allege also that other contrivances might 
be used to supersede their necessity. If a bridge could 
not be built unless by compelling the navigators to 
make this change in their vessels, and the State of Vir¬ 
ginia had authorised a bridge that would require them, 
these allegations might possibly have availed the defen¬ 
dants as a justification or excuse—notwithstanding 
they have proceeded without the leave of Congress. 

But the fact that it would require some thirty thou¬ 
sand dollars more capital to build the bridge of the 
height required by their act of incorporation, and that 
the capital of the company is not sufficient for the pur¬ 
pose, cannot justify these claims of the company or au¬ 
thorize them to compel the navigators of the Ohio to 
incur expenses and undergo trouble and danger to ac¬ 
commodate the small capital of the company, or their 
mere convenience. All grants of exclusive privileges 
being in derogation of public rights, must be construed 
strictly. Those who claim a right to narrow the chan¬ 
nel or obstruct the navigation of a great public high¬ 
way, must be held to strict and clear proof of their au¬ 
thority so to do. 

“An act of Parliament,” says Lord Eldon, “vesting 
in a company power for carrying into effect some pub- 
tie work is a contract of a peculiar character between 
the public and the individuals in whom powers are 
vested by the act.” (1 Swanst. 250.) And in Blake- 
more v. Glamorganshire Canal Co. (1 Mylnc v. Keene, 
164,) the same learned Judge said, “if individuals go 
to Parliament, being satisfied that the railway or canal 
can be made at an expense of say £100,000, closes with 
their application and forms them into a company with 
power to raise money to that amount, that authority is 
given them in full confidence that the sum which they 
have asked and obtained powers to raise will enable 
them to execute the work. There is an agreemant on 
the part of those who satisfy Parliament that they can 
and will do such a work for such a sum of money, and 
upon the faith of that understanding they get the au¬ 
thority to begin the work. But if they deceive Par¬ 
liament, what right have they to complain if courts of 
justice will not allow them to go on with the decep¬ 
tion ?” 

“These acts of Parliament,” says Baron Alderson, 
|2 Young und, Collier, 611), “have been called parlia¬ 
mentary bargains made with each of the land owners. 
Perhaps more correctly they ought to be treated as 
conditional powers given by Parliament to take the 
land of the different proprietors through whose estates 
the works are to proceed. 

“Each landholder, therefore, has a right to have the 
powers strictly and literally carried into effect as regards 
his own land, and has a right also to require that no va¬ 
luation shall be made to his prejudice. ’ 

Trie same principle will certainly apply to those who 
claim franchises from the legislature which are derog¬ 
atory to the public rights of free navigation. The 


Wheeling Bridge Company has contracted with the le¬ 
gislature of Virginia that they can build a bridge over 
the Ohio river with the sum of $200,000, which will 
not obstruct the navigation of the Ohio in the usual 
manner by steam boats, &c., when the river shall be as 
high as the highest flood therein heretofore known.— 
II they cannot perform this contract to the letter they 
cannot allege such inability as a justification for build¬ 
ing a lower bridge than they contracted or were author¬ 
ized to build, or to compel the public to accommodate 
their steamboats to a necessity created by their own 
wrong. Nor can they vary the conditions upon which 
they have obtained a grant of their franchise to suit 
their own convenience or the amount ot their tunds.— 
It is no justification of a purpresture or nuisance to a 
public navigable river, that it is but a small encroach¬ 
ment or a lillle nuisance, and not a total obstruction to 
the navigation, and only at particular seasons, or to 
vessels of a certain class that may get round, under, or 
over it by expenditure of money to accommodate them¬ 
selves to the exigency without any great danger to per¬ 
sons or property. 

The defendants by their answer admit that the bridge 
will obstruct the navigation by s'mie boats. Their own 
witness, the engineer, swears that in adopting the plan 
be knew it would compel the packets “to bend their 
chimnies.” No obstruction being authorised by the 
charter, the bridge is, upon their own showing, clearly 
a public nuisance. 

The objection that the State of Virginia should have 
been made a party cannot be taken at this stage of the 
proceedings. 

Nor is it perceived why the State should be made a 
party to proceedings against a nuisance not erected by 
lier own officers or servants, or in pursuance of any 
authority granted by her. She might well answer : 
“you have no right to call on ine to defend or abate a 
nuisance whose erection I have not authorised. I have 
conferred no power on this corporation to impose con¬ 
ditions on those who navigate the Ohio, as to the con¬ 
struction of their steamboats or to compel them to the 
expensive and perhaps dangerous labor of lowering 
their chimneys in certain stages of water, nor to make 
an inclined plane across the river 30 feet lower at one 
end than at the other. I have recognised the right of 
all the citizens of the United States to navigate the 
river as well at high as at low stages of water, and have 
admonished the compauy that if they infringe upon 
these rights, it will be under the penalty of having 
their bridge abated as a nuisance. ’ 

On such a suggestion, as she might well make, she 
would be entitled to go out of court without further 
answer. 

The objection “that the present proceeding is too 
late, and that plaintiffs are estopped in equity from 
complaining because they did not do it sooner,’’cannot 
be sustained—as the citizens of Pennsylvania had no 
right to presume from the preparations made by the 
company that they intended to erect their bridge in any 
other manner than that authorised by their charter, till 
their acts clearly indicated such an intention. 

Nor do I think that the citizens of the State of Penn¬ 
sylvania are barred from making this complaint, by 
the fact that the Legislature of Pennsylvania at one 
time authorised the erection of bridgesover the mouths 
of the Alleghany and Monongahela at the head of tho 
Ohio river, of no greater height than that now about 
to be erected by the defendants. These erections have 
been entirely abandoned probably for no other reason 
than because they would obstruct the navigation.— 
Such an intention unexecuted cannot serve as a justifi¬ 
cation to others to erect obstructions to the navigation 
of the Ohio, without authority. 

We come now to the objection “that this case is not 







THE NEW CONSTITUTION. 


313 


bet ween proper parties, or in the proper court; that' 
the only party entitled in right of sovereignty to pro- 
ceed to try the question, is the United States ; and if 
citizens ot Pennsylvania were damnified, they and not 
the State should have been plaintiff.” 

This objection certainly presents a question of no 
little difficulty, being without any precedent in point. 
“In case of purpresture the remedy for the crown is 
either by an information of intrusion at the common 
law, or by information at the suit of the Attorney 
General in Equity. In the case of a judgment upon 
an information of intrusion, the erection complained 
of, whether it be a nuisance or not, is abated. But up¬ 
on a decree in equity, if it appear to be a mere pur¬ 
presture without being at the same time a nuisance, the 
court may direct an inquiry to be made whether it is 
most beneficial to the crown to abate the purpresture 
or to suffer the erection to remain and be arrented.— 
But if the purpresture be also a public nuisance, this 
cannot be done ; for the crown cannot sanction a pub¬ 
lic nuisance.” (2 Story, Eq. 251.) 

A court of equity will interfere in cases of nuis¬ 
ance, not only on the information of the attorneygeu- 
erul, but also upon the application of private parties 
directly affected by the nuisance. When private indi¬ 
viduals suffer an injury, quite distinct from that of the 
public in cor.eequence of a public nuisance, they will 
be entitled to an injunction and relief in equity. 

Now, it is no doubt true, that the State of Pennsyl¬ 
vania cannot sue in the supreme court of the United 
States, by her attorney-general, as representing the 
crown, by virtue of her sovereignty. It may well be 
doubted also whether she can come into court, to com¬ 
plain for a nuisance to her citizens erected without her 
territory. The citizens of Pennsylvania are also citi¬ 
zens of the United States, and each one may sue in 
hercourts where he suffers an injury distinct from the 
public in general, in consequence of a public nuisance 
erected without of the limits of Pennsylvania. In the 
case of The City of Georgetown v. The Alexandria 
Canal Company, (12 Peters, 92,; it was decided, that 
the Potomac river was a navigable stream, and part ol 
the jus publicum, and any obstruction to its naviga¬ 
tion would be a public nuisance ; that a court of equi¬ 
ty may take jurisdiction, in cases of public nuisance 
by an information filed by the attorney-general, and i 
any individual wiio has suffered special damage from I 
the erection, may maintain a private action, but that the j 
corporation of the city of Georgetown had no power 
by their charter to protect and vindicate, in a court of 
justice, the rights of the citizens of the town in the en¬ 
joyment of their property, or in removing or prevent¬ 
ing an annoyance to it. 

I am not prepared to say that one of the slates of this j 
onion has no more power to vindicate the right of her 
citizens than a borough corporation. If the states 
were entirely separate and independent, the sovereign 
alone could complain and obtain redress for a nuisance 
without her limits, kept up on a public river, contrary 
to compact or the law of nations. How far a state has 
lost this right by becoming a member of the union, 
which has established courts where the citizens of each 
state, as citizens of the union, may obtain redress for 
such grievances, has not been decided, nor do I think it 
necessary to express any opinion on the point. It is 
true, also, that Congress may be said to have more es¬ 
pecial jurisdiction over the waters of the Potomac, 
within the District of Columbia, than over the other 
public rivers of the Union, and that, therefore, the case 
just quoted is no authority for saying, that the proper j 
proceeding in the present case, would have been by j 
information in the name of the Attorney General : i 
how far the United States may assume to be the trus- | 
tee, and seized with all the rights ot the crown on these ! 


great public high-ways, for the purpose of vindicating 
the rights of the citizens of the whole union, is a ques¬ 
tion, perhaps, not fully settled, but I am disposed to 
concur with my brother McLean, (in Spooner Mc- 
Connel, 1 McLean, 359,) ‘‘that the United State* 
through her law officer might well ask to have this 
nuisance abated,” and that an information through her 
Attorney Genera! in the circuit court would be sus¬ 
tained. 

But assuming that the state of Pennsylvania cannot 
come into this court to complain of a nuisance erected 
without her holders, which is peculiarly injurious to 
her citizens and her commerce, (a doctrine which I am 
not prepared to assert or deny), she complains not only 
of injury to her citizens, but she alleges a peculiar in¬ 
jury to herself in her corporate capacity as a state.— 
She is owner of immense and extensive improvement* 
by canals and railroads, from which she receives a large 
income, which she alleges will be greatly injured by 
the erection of this nuisance. On this ground, if not 
on the other, she may probably be able to support her 
complaint, and give jurisdiction to the supreme court. 

Having thus, in somewhat tedious detail, noticed the 
principal points of law 60 ably discussedbv llielearned 
counsel, I come now to the consideration of the ques¬ 
tion proposed by this motion. Has the complainant 
made out such a case, as will justify me, in assuming 
the responsibility of wielding the power of the whole 
court, in granting the injunction prayed for in this 
preliminary state of the proceedings ? 

“The issuing of an injunction is perhaps the highest, 
most delicate, and dangerous power, which can be con¬ 
fided to any judicial tribunal.” The erroneous exer¬ 
cise of this power may operate to the irretrievable inju¬ 
ry of the party enjoined, and for which he can have no 
legal redress in damages. “It is, therefore, never ex¬ 
ercised ina doubtful case, or in a new one, which does 
not come within the established rules of equity.” 

If a public nuisance is also a specific injury to the 
property of an individual, he has his remedy in equity, 
not because the act complained of is a nuisance, but 
on account of the irremediable injury to his private 
right of property. An injunction will not be granted 
in favor of an individual who claims only a common 
right in a highway in which he can have no private 
property, unless it is accompanied with au obstruction 
or destruction of a private right. No instance can be 
found, (says Lord Brougham, 3 Mylne and Keene, 
169,) of the interposition by injunction in the case of 
merely eventual or contingent nuisance. 

Lord Eldon appeared at one time (Attorney General 
v. Cleaver, 16 Vesey, 238,) to think that there was no 
instance of an injunction to restrain nuisance without 
a trial, but though this cannot be maintained, yet no 
instance can be found where it has been ordered on a 
motion exparte, in case of a private individual, unless 
where he was about to suffer same irremediable injury be¬ 
fore the cause could be brought to a hearing , and for which 
he could have no sufficient remedy by action at law. 

In the application of these principles, the complain¬ 
ant must in this court be considered as a mere corpora¬ 
tion or private person, even supposing she may repre¬ 
sent her own citizens, and must show that unless the 
special injunction be granted before this cause can be 
brought to a hearing, or before she can have an oppor¬ 
tunity of making an application to the court, she will 
suffer some irremediable injury; otherwise, a single 
judge will not be justifiable in exercising this delicate 
and dangerous power which has been confided to the 
court. 

While I will not evade responsibility, when it is clear¬ 
ly my duty to assume it, I will decline the exercise of 
doubtful or dangerous powers, unless in a case of ab¬ 
solute necessity. While a complainant has a right to 











314 


THE NEW CONSTITUTION. 


demand a fearless performance of duty, the defendants 
have an equal right to protest against a rash exercise of 
power. 

The application of the principles I have stated to the 
facts of this case, will result in refusing without pre¬ 
judice an injunction before the sitting of the Supreme 
Court, for the following reasons— 

1st. Because the question of the plaintiff’s right to 
prosecute this suit is new, and involves the jurisdiction 
of the court. For if the state of Pennsylvania is not 
entitled to prosecute such an action, the supreme court 
can have no original jurisdiction in the case. 

2J. The injury threatened is not imminent and cer¬ 
tain, but contingent. It may or may not happen be¬ 
fore the final hearing of this cause, or before this appli¬ 
cation may be renewed before the court. In the mean¬ 
while, this cause may be brought to a final hearing, the 
cause being now at issue, and having preference on the 
list. And on the first Monday of December next, the 
plaintiff will havean opportunity of moving the court 
for an injunction on the bill and answer, when the 
question of jurisdiction can be finally decided. Nor is 
there any evidence to justify the supposition, that in 
the. meantime the income of the Pennsylvania improve¬ 
ments will be materially affected. 

3d. The injury will not be irremediable, if any 
should occur ; as the owner of every boat which may 
be hindered or delayed in the meantime from passing 
along the river by this obstruction, will have a clear 
remedy at law, to recover damages against the company 
and the individuals engaged in its erection. 

4th. If the defendants proceed in the mean lime to 
complete the bridge, they will gain no equity thereby ; 
but if judgment be obtained against them, they will be 
compelled to abate the nuisance at their own expense. 

It is therefore ordered, That said bill and supplemen¬ 
tal bill, answers, and exhibits here read, be filed in Ihe 
Clerk’s Office of the Supreme Court of the United 
States, and that the defendants answer the amendment 
and supplemental bill within thirty days, and that on 
the first day of the next term of tiie Supreme Court of 
the United States, the complainant have leave to move 
for an injunction as prayed for in said original and 
supplemental bills, and that this order and notice be en¬ 
tered by the clerk on the docket of said court. 

Having examined the foregoing report, I find the 
same to be correct. 

_ R. C. GRIER. 

Philadelphia, Sept. 1, 1849. 

From the Darke County Herald. 

The New Constitution. 

Bear in mind, That the people of this State, if they 
desire any change in their present Constitution, must 
vote FOR a Constitution, otherwise their votes will be 
counted against ! 

That, among other wholesome and necessary reforms, 
are the following :— 

1. The election of all State officers by the direct 
vote of the people. 

2. Biennial sessions of our State Legislature. 

3. The prohibition of State Debts beyond a certain 
specified amount, without the direct vote of the people. 

4. The prohibition of banking and all other corpor¬ 
ations with special privileges without the like consent 
of the people. 

5. The division of the State into singl i districts for 
the election of members of the legislature. 

6 . A reform in our judicial system. 

7. A reform in the School Laws. 

Let no one be lukewarm in this great work—the 
prowling wolf is on the walk ! To work, all hands ! 


Written for “The New Constitution.” 

Mr. Editor: —We have 18 Nos. of your periodical 
called “The New Constitution,” and for one lean say, 
and so do others, I have received the value of my 
money and interest :—and penally of the abominable 
Post-office and mail delays and abuses. 

Soil) future should you publish some matters not 
quite as valuable, there will be no loss to your subscri¬ 
bers, of whom you ought to have an “ innumerable 
host” 

Some time in June last,T think the charge was made 
by the opponents of Constitutional reform that it was 
a new fangled matter gotten up for political capital,&c. 
and some came forward with their former statements 
and opinions, &c. 

I herewith transmit an extract of one out of a series 
of communications written by your humble corres¬ 
pondent some five or six years ago, and published in 
the “Seneca Advertiser,” and subsequently, viz. in 
August. 1837, republished in the same paper and in 
Sept, following were in substance adopted as the senti¬ 
ments of the Democratic party of this county, at their 
convention for the nomination of candidates. 

Nor do we stop here; but the Seneca Whig is strenu¬ 
ously advocating the same doctrines, with a z^al and 
ability alike creditable to the head and heart of its gen¬ 
tlemanly Editor. So you may look out for a little 
“Constitutional” thunder from the farmers of “Old 
Seneca.” But to the extract, and should its spirit meet 
your approval, and it find a place in your periodical, I 
may attempt to enlarge in a future No :— 

“First, then, to effect a change and make it perma¬ 
nent, the enlargement of our liberties, and safety from 
local, partial and excessive legislating, must commence 
with the fundamental laws of the land. Our constitu¬ 
tion must be amended so that we may be protected 
from excesses ; our bill of rights must be enlarged.— 
The provisions that present themselves to my mind, 
are :— 

First : That all township, county and State officers 
be elected by the people. 

Second : That no increase of the State debt, or of 
taxation in time of peace be permitted without first 
submitting the question to the people, and having their 
approval at some general election. 

Third : There should be no act of incorporation 
granted to any company, (storage or otherwise) for the 
purposes of trade without a clause making the mem¬ 
bers of the company individually liable to the extent 
that partners in trade of individuals are liable for their 
debts. 

Fourth : A provision against charters for banks. 

Fifth : That courts of law,chancery and probate be 
separated and made distinct tribunals ; and the judges, 
clerks, &c., to be elected by the people ; to hold their 
offices for three years, and made eligible lor re-election 
but three consecutive times. 

Sixth : The Legislature to meet but once in two 
years, subject to be called together at any time by the 
executive,and the presiding officers of the two houses. 

Seventh : The members of the Senate to hold their 
offices for four years ; of the House two. 

Eighth : Mere moral questions never to be made the 
subject of criminal codes ; only such acts made crimes 
as are ‘mala in se,’ wrong in themselves. 

Ninth : A prohibition of the^creation of any new 
I office, (as Attorney General) without the consent of 
the people first expressly had upon the subject of the 
creation of the proposed office. More anon. 

JUNIUS, Jr.” 

Tiffin, O. Sept. 8th, ’49. 









HE NEW CONSTITUTION. 


315 


r l o the friend* of :i New Constitution 
for Ohio. 

Three weeks from Tuesday next, the freemen of 
Ohio will have to decide, at the ballot box, whether 
the Constitution of the state, found by experience to be 
defective and illy suited to the wants of the people and 
the spirit of the age. shall give place to one, better 
■ uited to a Republican government, and which will 
give back to the hands of the people, power wrongful¬ 
ly taken from them. 

If a majority of the freemen voting for Representa¬ 
tives, decide, in accordance with the recommendation 
of the Legislature, to call a Convention, that body will 
meet next summer, and in a session of two weeks can, 
and we doubt not, will give to the people of Ohio, the 
best Constitution of any state in the Union, for the 
members will have before them the Constitutions of the 
different states, and without introducing a single fea¬ 
ture which has not been tried and found to work well, 
they can give us such a Constitution as we remarked 
last week, as will be the model Constitution of the mod¬ 
el Republic of the age. 

To enable the people to obtain this blessing, the 
friends of Constitutional reform must bestir themselves, 
and insist upon every voter casting his ballot for or 
against the calling of a Convention, and, above all 
things they must bear in mind the fact, that, under the 
peculiar reading of the Constifution, every vote put 
into the ballot box, not having the words, written or 
printed upon it, “for a Convention,” will be taken and 
counted as against that measure. The opponents of 
Reform, knowing this fact, will make a secret yet unit¬ 
ed effort, to get as many reformers as possible, to forego 
the privilege of voting on this question, in order that 
their votes may be counted against it, and thus by a si¬ 
lent vote, negative the calling of a Convention to remo¬ 
del the Constitution of the state. 

These facts should be impressed upon the mind of 
every voter, that all may understand the facts, for with¬ 
out this being done, though a large majority of those 
who vote on this question may vote in favor of a Con¬ 
vention, yet still those Vwting against the Convention, 
and those refusing, or neglecting to vote on the ques¬ 
tion at all, may outnumber the friends of Reform, and 
thus the calling of aConvention be defeated. 

The opponents of Constitutional Reform in Ohio 
have not resorted to discussion to make converts, be¬ 
cause they know, and feel, thattiieargument is against 
them,—that, no matter how able in debate they may 
be, on this question they cannothope for success. And 
why? Because experience can be cited to show the 
errors of the present fundamental law of Ohio, and the 
experience of other states can be cited to show that 
every reform sought to b' eng rafted in the new Con¬ 
stitution, has worked well, and been protective of the 
interests of the laboring man. They see and feel that 
the vantage ground is not on their side, and hence they 
seek, by covert means, to do that which they, by their 


silence, acknowledge is best for the state. Those most 
active against the change, will, on examination be found 
to consist of officers elected by the Legislature and ap¬ 
pointed by the courts, and having long terms to serve, 
and who fear to trust their future chances of success 
in the hands of the people. Another class of men, 
more honest than the class we have named, are too 
conservative in their feelings to willingly go for any 
change. They are a clog in the wheels of progresses 
they are a clog on the prosperity of the county or 
towui in which they live, and are ever found opposed to 
improvements, because their fathers had them not.— 
Such men, if it were not for the ridicule that would at¬ 
tach to them, would even now, use the old fashioned 
wooden plough, rather than those of more modern 
date, and would thrash his grain with the flail or tread 
it out with horses, and clean it with a sheet, rather 
than use the threshing machine and fanning mill, be¬ 
cause, forsooth, they like not innovation. 

Both the classes we have described, need watching, 
and the trickery by which they will endeavor to defeat 
the calling of a Convention should be exposed. Let 
all understand that every vote not given in favor of 
the calling of a Convention, is a vote against it, and 
the Convention will be carried by a large majority. 

Genoa, Dei.aware Co., O. Sept. 6, 1849. 

Col. Meoarv, Sir—T have read your “New Consti¬ 
tution” with pleasure to see so many amendments pro¬ 
posed and so ably discussed, besides the matter contain¬ 
ed in them relative to other States and nations, and I 
wish that every man might read them. But still there 
are other things that I thought of while reading the 
Constitution which may have escaped your notice to 
which I wish to call your attention. 

I have reference to Stockholders of incorporated 
companies holding the office of Judge of our Courts. 
I do not intend to go into detail and give all my ob¬ 
jections, but I will mention one. 

The 8th Article and 4th Section of the State Con¬ 
stitution provides that private property ought and shall 
ever be held inviolate but subservient to the public wel¬ 
fare, provided a compensation in money be made to the 
owner. 

Now I hold that a Raiiroad made by an incorporated 
company is not public property ; it belongs to indi¬ 
viduals who require all who use it to pay for the ac¬ 
commodation. 

When a railroad passes through A’s farm and des¬ 
troys his buildings, if A apply for damage, the Court 
may appoint commissioners to view and assess the dam¬ 
age. The Judges being stockholders, who isit presum¬ 
ed, will they appoint commmissioners ? Why they 
will appoint men who will assess a damage, but they 
will also appraise a benefit, and off-set the damage by 
the benefit. Thus turn A’s family out of house and 
home, destroy his barn, fill up his well and leave him a 
beggar without a compensation in money as the Con¬ 
stitution provides- 

Now why is this done. It is because the Judges of 
the court, who appoint the commissioners are stock¬ 
holders in the company. 

The next idea that I would suggest is to divide the 
counties into three districts, so as to elect our county 
commissioners from the three different sections of the 
county ; thereby the wants of all parts of the county 
would be represented. .S 






31G 


THE NEW CONSTITUTION. 


From the Cadiz Sentinel. 

Reasons why the People should vote for a 

Convention to amend the Constitution of 

Ohio. 

Our present Constitution was formed about forty- 
seven years ago. Then our State was nearly ail a wil¬ 
derness, and contained but 65,000 inhabitants. Now, 
her population is over two millions. Her immense ag¬ 
ricultural productions not only supply all the demands 
of her own people, but they are filling up every chan¬ 
nel of commerce by which they can reach our sister 
Stales, or find access to the great markets of the world. 
Trade, manufactures, mining and mechanical industry, 
are yearly adding immense sums to our wealth. In 
short, our condition, in almost every respect, is widely 
different from what it then was, and it will, therefore, 
readily occur to every intelligent mind that many con¬ 
stitutional provisions, necessary and suitable to our 
condition at that time, are not adapted to our condition 
at the present time. Besides, every work of man has 
its imperfections, and this Constitution is not without 
them. While the experience and information acquired 
in the lapse of half a century have enabled us to appre¬ 
ciate its merits and advantages, they have also shown 
Its errors and defects. The points wherein it needs 
amendment, will readily suggest themselves to every 
democrat. The most important are as follows: 

1 st. Our Judiciary system is greatly defective. The 
Constitution requires the Supreme Court to be held 
once every year in each county, limits the judges to 
four, and makes two a quorum. After this tour over 
the State is performed, they aie then compelled to meet 
in Columbus and hold a session to review decisions 
made, and dispose of cases reserved while on the cir¬ 
cuit. A Supreme Court thus organized was suited to 
a new and thinly settled State, and to that only. Liti¬ 
gation has had a corresponding increase with the pop¬ 
ulation and business of our State, and four men, no ' 
matter how great their ability and legal learning, can¬ 
not do justice to the thousands of cases now annually 
brought before them. The important questions in re¬ 
gard to the rights of property, liberty, and life, arising 
among two millions of people, instead of being patient¬ 
ly examined, fully investigated, and fairly decided, are 
hurried through with a reckless, inattentive haste, and 
a remorseless indifference that strike all honest suitors 
with dismay. When the four Judges meet in Colum¬ 
bus to give judgment as a Court of last resort, and set¬ 
tle the law in doubtful cases, the same hurry and neg¬ 
ligence mark their proceedings. Thus the law and the 
legal rights of men are continually changed by that tri¬ 
bunal which was erected for the purpose of making 
them permanent and uniform. 

2d. The right of filling all offices by elections should 
be secured to the people. Every department of the 
public service ought to be occupied with servants cho¬ 
sen by themselves, and responsible to themselves; for, 
if they are capable of choosing a Governor, why are 
they not capable of selecting a Secretary of State, an 
Auditor of State, &c? If they are capable of choosing 
men to make the laws, why are they not capable of 
choosing men to expound and administer the laws?— 
Do not the people of every judicial district know who 
are the most upright and able lawyers therein, better 
than a body of men at a distance? Would they not 
have a greater interest in making a good selection?— 
But the objection is urged that they would be influen¬ 
ced by partizan feelings, and this would be highly im¬ 
proper. flow is it with the Legislature? Does not a 
whig Legislature uniformly appoint whig judges, and 
a democratic Legislature appoint .democratic judges? 
The people, then, could be no worse in this respect 
than the Legislature, and they have motives to do bet¬ 
ter, which the Legislature has not. 


■ 3d. Nearly all local, private and special legislation 
should be prohibited. Three fourths of every session 
of the legislature is spent in devising and enacting such 
laws. Besides the waste of time and money, it is a 
fraud upon the people, for the passage of every law 
promoting sectional or individual interests, is secured 
by the Representative agreeing to vote in favor of 
laws promoting other sectional and individual interests. 
Thus he hopes to be applauded by his Constituents 
and rewarded by his friends for his zeal in their behalf, 
knowing that they will never discover how, to accom¬ 
plish his object, he sold himself to tile support of meas¬ 
ures about which he knew nothing. But such legis¬ 
lation is wrong in principle. “The greatest good to 
the greatest number,” is a maxim by which the jus¬ 
tice and policy of all laws in a republic should be test¬ 
ed, and laws securing peculiar advantages to particular 
sections or a few favored individuals are at war with 
this maxim. 

4th. The legislature should not meet more than once 
in every three years, unless called together by the Gov¬ 
ernor in some emergency. This would be sufficient 
for all legislation intended for the public good. It 
would save the State from the annual expenditure of 
immense sums of mony and greatly lighten the burden 
of taxation. It would prevent those frequent, foolish, 
and useless changes in our laws which tend so much to 
increase legislation, to involve legal proceedings in 
doubt and confusion, and to render the rights of per¬ 
sons and property insecure and uncertain. 

5th. All laws, except those by which the faith of the 
State may be pledged in contracting public debts,should 
be made subject to repeal. J ust so far as the people are 
ruled by laws which t hey cannot change, they are rul¬ 
ed by a despotic power. It is an essential principle of 
Democratic governments that the will of the majority 
should govern at all times, and the majority of this year 
1 has no right to make their present will omnipotent on 
any subject of legislation against the will of all opposing 
majorities for twenty or fifty years to come. For, if in 
adopting any measure whatever, they should be mista¬ 
ken in their view's of public policy, it is manifestly un¬ 
just for them to place their mistakes beyond the reach 
of reform. If tile members of the legislature should 
disregard the general welfare, and pass bad laws from 
bad motives, it is an outrage for such men to have the 
privilege of making enactments for any period, like the 
tyrannical “laws of the Medes and Persians,” unaltera¬ 
ble. 

6 th. Every act, authorizing money to be borrowed 
on the credit of the State, or a public debt to be con¬ 
tracted, should be submitted to a direct vote of the peo¬ 
ple for their approval, before becoming a law. It seems 
to be the tendency of men in all our legislative bodies, 
to become dazzled with new schemes of public im¬ 
provement, or interested in projects affording chances 
for private speculation, and, at once to vote for run¬ 
ning the State in debt to carry them on, without re¬ 
garding, as they ought to do, the burden they are bind¬ 
ing upon the shoulders of the people. Our own pub¬ 
lic debt now amounts to $20,000,000, or ten dollars to 
every man, woman and child, within the State, and the 
interest, too, is constantly accumulating. What a tax! 
and party politicians on all sides acknowledge and 
proclaim that the greater portion of this vast sum has 
been wasted by extravagauce, or expended on useless 
public works, charging the evil, however, on their ad¬ 
versaries. But let the fanners and mechanics reflect 
that this money must be paid “by the sweat of their 
brows.” All our sister States have shared the same 
fate with us, and some of them are laboring under a 
more grievous oppression. In some the public debt 
amounts to more than twenty dollars for every man, 
woman and child therein. All experience, then, proves 







THE NEW CONSTITUTION. 


317 


that if we desire, certainly, to avoid the gulf of bank¬ 
ruptcy and repudiation into which others have rushed, 
and to keep the faith of our great State untarnished, 
we must no longer trust our agents in the Legislature 
to borrow money or contract debts for us. We must 
take our own business, in this matter, more immedi¬ 
ately under our own control. 


From the Mansfield Shield and Banner. 

The Convention Question. 

“The court of common pleas of each county, shall 
have jurisdiction of all probate and testamentory mat¬ 
ters, granting administrations, the appointment of 
guardians, and such other cases as shall be prescribed 
by law.”— Art. 3, Section 5, Constitution of Ohio. 

Probate cases often give rise to very nice and ex¬ 
ceedingly important legal questions, to the determina¬ 
tion of which a set of judges unacquainted with law 
are wholly incompetent—questions involving large es¬ 
tates and the entire fortunes of parties. The same may 
be said of questions arising on application for the allow¬ 
ance of injunctions in chancery and for the appoint¬ 
ment of receivers. Cases arising upon habeas corpus 
too, often require a well informed lawyer for their pro¬ 
per decision. The associate judges are legally qualifi¬ 
ed to pass on any or all such questions, but, intellect¬ 
ually, they are generally incompetent. Again, an old 
man—one of the pioneers of this county—has been ly¬ 
ing in our county jail for the last five or six months, 
under an indictment for a capital offence ; the bill of 
rights guarrantees to him a speedy trial; he has been 
anxious and ready for trial, but could not have it, sim¬ 
ply for the reason that our court has been intellectually 
incompetent. 

Now, these are additional reasons why one good as¬ 
sociate judge would be greatly preferable to three such 
as we must have under the present system. But I may 
be asked, why is it that the legislature, in which the 
appointment of judges is vested, do not appoint asso¬ 
ciate judges who are learned in the law, and thus rem¬ 
edy the evil complained of ? I answer—because men 
learned in the law will not and cannot afford to accept 
the office ; and they cannot afford to accept the office 
because the public cannot atl'ord to pay so many as 
three judges in each county a sufficient salary to in¬ 
duce a good lawyer to forego the practice of his profes¬ 
sion by the acceptance of a place on the bench. But, 
of this subject more hereafter. 

Probate business, under our present system, is very 
imperfectly done, and at great public inconvenience.— 
If a will is to be proved, ietters of administration ap¬ 
plied for, or a guardian to be appointed, in vacation, 
the person interested must ride over the county in 
three different directions to notify the judges, before his 
business can be done. Would it not be far better to 
have one judge of probate, or surrogate, (the name is 
a matter of indifference) whose office should be at the 
seat of justice, and whose court should be always open 
for the transaction of business of this kind 1 Again 
from the multiplicity of other business always pending 
in the common pleas, the estates of deceased persons 
are either never settled or settled in a manner so ex¬ 
ceedingly loose as to leave room for the commission of 
numerous frauds upon estates, whose beneficiaries are, 
in a majority of cases, widows and children incapable 
of attending to and vindicating their own rights. 

My plan then is—to have one judge of probate in 
each county, whose duty it shall be to take the proof of 
wills, grant letters of administration, appoint guard¬ 
ians, and supervise the settlement of estates of deceased 
persons; whose office shall be at the seat of justice, 
and at all times, except during the session of the com¬ 


mon pleas, open for business ; and who shall be his 
own clerk and keep full records as now provided for by 
law ; and who, moreover, shall be sole associate judge 
of the common pleas, and competent for all legal pur¬ 
poses to hold such court in the absence of the president 
judge. 

But, in order to secure the services of such a judge 
as the public interest requires, it will be necessary to 
provide such a salary and amount of compensation as 
will induce our best men and soundest lawyers to aspiro 
to the place ;—and can this be done without an increasa 
of the public burden ?—and if so, how ? I answer, it 
can—ana in this way. 

I have examined the books of the Treasurer of the 
county and the journals of the common pleas, and find 
that for the last six years the average amount paid 
per annum to the three associate judges out of the 
county treasury, is $480. The average amount for the 
same period, paid to them per annum, by the parties in 
probate cases, at what are known as “called courts,” 
is, as nearly as can be conveniently ascertained, about 
$120 —which, added to the above amount received 
from the county treasury, makes up the sum of $600. 
Now add to this the fees which, under the present sys¬ 
tem, are paid to master commissioners of the court, 
and the clerk of common pleas in probate cases, and 
you have a compensation of about $1000 per annum— 
a sum—not extravagant—but sufficient to secure the 
services, in each county, of men in every way qualifi¬ 
ed for the intelligent discharge of the functions apper¬ 
taining to the office, with no increase of charges eith¬ 
er on the public treasury or on private parties, while 
the character of the court is elevated, and the public 
convenience promoted. 

To the plan above proposed, I can now anticipate 
but one objection ; which is—that when the bench is 
full, there being an even number of judges, there can 
be no decision whenever the president and his associate 
happen to be divided in opinion. This objection, it 
will be perceived, lies with equal force against the 
court as at present constituted ; because, when the 
bench is full, there is now an even number of judges. 
Nevertheless, admitting its inconvenience, I would ob¬ 
viate the objection by a proviso to this effect—that on 
all occasions of disagreement in opinion between the 
president and associate judge, the opinion of the presi¬ 
dent shall prevail, and in such cases, he alone shall 
sign and seal bills of exception, and be thus responsi¬ 
ble for error, if any be committed. J. B. 


Slave Trade in Brazil. 

The slave trade, from all accounts, is carried on al¬ 
most as extensively as ever, between Brazil and Africa. 
The dealers in Brazil first send a vessel with goods, 
which the traders in Africa use in buying slaves, or 
“black diamonds,” as they are called. Small crafts 
are used, and a vessel of fifty tons often carries as many 
as 450 slaves at from $60 to $80 each. A Baltimore 
built clipper, the Henry Clay, is said to have made 
eleven voyages to Bahia (whero there are a dozen ves¬ 
sels engaged in the business) in four years, and cleared 
$400,000. The traffic is illegal, but the Brazilian gov¬ 
ernment winks at this abuse of the laws. The goods 
sent out to purchase slaves with are generally of Brit¬ 
ish manufacture, and composed of munitions of war, 
rum, and things of like character. 

Formerly, by treaty with Great Britain, France and 
the United States, Brazilian vessels engaged in the 
trade were lawful prizes, but that treaty expired some 
two years since, and has noi been renewed. The En¬ 
glish are charged with taking slaves into Rio de Jane- 
rio, and apprenticing them out for a term of years, at so 
many pounds per head. 








THE NEW CONSTITUTION 



Repeal of the English Navigation Laws. 

As the repeal of the English navigation laws which 
takes effect from and after the first of January, 1S50, is 
calculated to produce an important change in our com¬ 
mercial relations with that country, it is desirable that 
the question should be rightly understood by the Amer¬ 
ican public. 

Hitherto England has maintained the most restrictive 
maritime regulations. To the strictness and severity of 
her navigation laws she is mainly indebted for the vast¬ 
ness and greatness of her shipping. Up to the present 
period she has maintained those laws inviolate. In the 
first famine year in Ireland, 1846, when America with a 
noble generosity sent to the poor country her ships la¬ 
den with corn—a bill was introduced into the English 
House of Commons for a temporary relaxation of the 
navigation laws. Though the effect of the suspension 
at that time of these laws would have been to havesaved 
the lives of thousands of the famishing people, yet this 
bill was opposed by the leading men of both parlies and 
defeated by an overwhelming majority. The profits of 
English merchants and shipowners were held to be of 
higher importance than the lives of the Irish people! 

For the sudden change which has lately taken place, 
in the policy of the British government, we a re quite 
at a loss to account. We can only suppose that it has 
been ina great measure produced by the representations 
of Mr. Bancroft. In November 1847, he wrote to Lord 
Palmerston by direction of the Cabinet, in the follow¬ 
ing language: 

“Universal reciprocity in the widest sense is held by 
the American Government as the only throughly ap¬ 
propriate basis for intercourse between two great na¬ 
tions. The prohibition of (he indirect trade has but 
restrained enterprise; it has done good to neither coun¬ 
try. To abrogate it would at once set free dormant 
commercial wealth, without injuring any one. Should 
Her Majesty’s Government entertain similar views, the 
undersigned is prepaired, on the part of the American 
Government, to propose that British ships may trade 
from any port in the world to any port in the United 
Stales; and be received, protected, and in respect to 
charges and duties, treated like American ships; if reci¬ 
procally, Americans ships may in like manner trade 
from any port in the world to any port under the do¬ 
minion of Her Britannic Majesty.” 

The leading features of the change are as follows: 
According to the present regulations no articles except 
of American growth and manufacture can be shipped 
for England, unless i.i a British bottom. This restric¬ 
tion is now removed, and from the period when the 
new act shall come into operation, an American or any 
other vessel can take articles from any port in the 
world to the British islands. 

The deep sea fisheries are to be thrown open to all 
foreign vessels. This is an important matter for us 
who are so largely engaged in that trade. Our wha¬ 
ling vessels number 700—and give employment.to 20,- 
000 seamen. The produce is calculated to amount to 
$6,000,000 annually. The great advantages of the new 
regulation will be that our vessels can go direct to Eng¬ 
land, instead of us asat present, being obliged when la¬ 
den with oil to come home here, land, and the oil be 
shipped from this country to England. 

The English wasting trade, and the fisheries on the 
home-banks are still to be reserved for English vessels 
exclusively. 

According to the old laws a vessel inorderto be con¬ 
sidered British, and be duly registered, and entitled to 
the privileges of a British vessel should be built in Eng¬ 
land. Now, however, the shipowner may procure his 
vessel wherever he pleases. 

Power is given to the colonial legislature to throw 


I 




open this coast trade,—subject, however, if we mistake 
not, to the sanction of the home government. 

These are 1 he chief provisions of the new English 
law, and it will be seen that as they stand they are all 
highly favorable to us. There is a clause however, in 
the bill which provides that the Queenand cabinet have 
power to impose counteracting duties on the shipping 
of any foreign nation which does not meet on equal 
terms the free policy of her modified laws. 

[ Pittsburgh Mercury. 

From the Hartford Times. 

Great Increase of Immigration. 

The stream of immigration to this country from Eu¬ 
rope increases steadily and rapidly with each succeed¬ 
ing year. Last year the number of immigrants into 
all parts of the United States was about 250,000 ; this 
year it will probably reach 300,000. This Is a very 
large number, and represents an amount of emigration 
wholly unprecedented in any other country or at any 
previous period in the history of the world. Ii is 
equal, in fact, to the whole natural increase of popula¬ 
tion in Great Britain and Ireland, which is generally 
computed at 1,000 per day, though this is doubtless an 
exaggerated estimate. The value of this immense im¬ 
migration to our country is almost incalculable. It 
brings to us precisely what we most want. It brings 
a supply of labor to our public works—our railroads, 
canals, and factories, which otherwise could only be 
carried on at greatly enhanced rates of wages. We 
have a boundless extent of uncultivated land, which is 
only waiting r or hands to yield bountifully all that is 
needful for the wants of man. It is well remarked by 
the great political economist, Say, that every healthy 
and able-bodied person forms a material addition to the 
solid capital of a country. Taking them even at the 
lowest average of slave property, these 300,000 emi¬ 
grants bring an accession of capital to this country of 
at least $i5,000,000 in a single year, in the value of 
their labor, independently of the money brought by 
them, which also amounts to a very considerable sum. 
But besides their value as laborers, these emigrants 
have another claim upon our consideration. Most of 
them are fugitives from wretchedness and tyranny at 
home, and seek the great Republic for their asylum. 
Let us therefore take them kindly by the hand and 
treat them like brothers. It is a more benificent meth¬ 
od than war, or pestilence, of relieving Europe of her 
surplus population, and while it benefits the old world 
it tends in a still greater degree to give power and opu¬ 
lence to the new. These emigrants are very happily 
transferred from an exhausted field, where there is a 
want of work, to another where there is a want of 
workers ; and this annual infusion of stout and able 
hands among the drone bees of our national hive is a 
circumstance the importance of which cannot well be 
over-rated. 

The arrivals of emigrants at the port of New York 
alone, during seven months of each of the past six 
years, have been as follows : 

1844. 1845. 1840. 1847. 1848. 1849. 
January, 662 1,298 1,019 4,427 7,871 8,248 

February, 727 450 571 3,360 3,560 8,890 

March, 712 2,677 3,770 2,095 4,396 9,649 

April, 3,372 5,283 6,256 21,412 14,531 19,934 

May, 5,388 10,662 16,722 27,643 32,870 37,406 

June, 14,498 15,150 18,596 25,255 13,047 29,078 

July, 9,401 13,117 13,226 17,926 24,622 30,098 

34,655 48,560 60,220 105,118110,404143222 

The increase in the present year is, it will be per¬ 
ceived, 32,818 over the number arriving in the same 
time of last year. And the number arriving in seven 
















THE NEW CONSTITUTION. 


319 


months of the present year is more than four-fold the 
number who arrived in an equal time of 1844. 

Of the 143,222 immigrants who arrived in the first 
seven months of the present year, 101,220 were born 
in Great Britain and Ireland, or nearly 70 per cent.; 
being an increase in the proportion over the previous 
year of four percent.; and of the remaining 42,002, 
there were 34,142 who were born in Germany, or 
nearly 24 per cent., being a decrease in the proportion 
since last year of 4)^ per cent. In brief, the compari¬ 
son shows thus : 

7 months of 1848, from Great Britain 67 per cent. 

“ “ 1849, “ “ 71 “ 

“ “ 1848, from Germany 28)^ “ 

“ “ 1849, “ ** 24 ~ “ 

From the Baltimore Sun. 

British Freedom. 

The liberty so much boasted in England, exemplifies 
at once in anamusingand humiliating way the shrewd¬ 
ness and the imperiousness of government policy.— 
Talk to an Englishman, and he expresses the most in¬ 
nocent confidence in the liberal principles of British 
rule. He will tell you of Magna Charta, of the glori¬ 
ous Constitution, and the magnanimous concessions of 
the throne to the popular demand. And he believes it 
all. Yet strange to say, that there is not a motion of 
his hand or foot towards the accomplishment of any of 
the ordinary purposes of life, but is under the direct 
surveillance of the government, of course with but the 
simple view of collecting the taxes. 

Now, under the present system of government in 
England, every Englishman is presumed to understand 
that taxes are indispensable to its support, and conse¬ 
quently to his security. The glory of England has | 
been an expensive acquisition, and interest becomes 
due annually upon the original purchase. The throne J 
of England is decidedly a costly affair, but the Queen j 
must live and so must Prince Albert, and all the rest of | 
the royal menege. Every man, woman and child, in 
England, therefore knows, or oughtto know, that mon¬ 
ey is essential to the vitality of Britain as she is. The 
sun could hardly afford to rise upon the cross of St. 
George at less than fifty millions sterling per annum ; 
and a deficit no doubt imparts an added lugubriousness 
to his aspect in the imagination of every true loyalist, 
whenever such a melancholy event is announced to the 
“gentlemen of the House of Commons'’ from the 
liege lady of the throne. Taxation is, as a consequence 
of all this, a constituent part of the political atmos¬ 
phere breathed by the people of England—it is literally 
essential to the vitality of the system. Disturb its 
equilibrium and you introduce a cause of disease as 
speedy and fatal as cholera itself, and unless encounter¬ 
ed by the most stringent and stimulating remedies, a 
case of collapse would be inevitable. It matters not 
whether the remedy be allopatic, homoeopathic or 
quackopathic—each has been tried in the case of Eng¬ 
land, and with about equal success. Hitherto the col¬ 
lapse has only threatened the body corporate, and chal¬ 
lenged the skill of the Doctors—of Laws ; though it is 
not to be denied that the “blue stage” has occasionally 
developed itself. The prodromes are always prevalent, 
and the utmost vigilance is indispensable to safety. 

Taxation pays for this vigilance, and here again it 
performs the important function of discharging the 
bills of the political doctorhood ; and who with anat¬ 
om of loyalty in his composition would refuse to pay 
for that ? Then it follows, as naturally as B follows 
A, that there must be modes and measures for the col¬ 
lection of taxes ; and then, as conveniently as C fol¬ 
lows A and B comes in a complete system of espion¬ 
age with a most insinuating despotism in reserve. 


An instance in point is presented in the late action 
of the government with reference to the Nation News¬ 
paper in Dublin. Newspapers constitute a very con¬ 
venient source of revenue. Every publisher delights 
in the largest privilege here. He will do his best to pay 
the government the highest possible amount, because 
the more he pays, the more subscribers he has. He 
would be sadly annoyed if the government were to 
withdraw its patronage—would’nt he ? To be sure 
he would if the privilege of paying for the stamps was 
the means of getting subscribers. But the fact is, the 
government in his case is only a partner in his business 
by the right of might, that it may the better exercise 
its authority over the political force of the editorial 
mind. The pen may speak the truth, so far as the 
government can conscientiously approve ; beyond this 
there is reason to fear that the aphorism which good 
citizens applaud in the mouth of Richelieu, might 
prove true under the very nose of the British throne ; 
and it would not be quite agreeable to le petit nez re¬ 
trousse just now, for Englishmen to demonstrate the 
fact, that “the pen is mightier than the sword.” That 
will do in practice very well for the transatlantic re¬ 
publican fellows ; but the theory is quite sufficient, 
and that only amongst the fictions of a play and the li¬ 
cense of poetry for the subjects of empire. 

The sword is mighty, mightier, mightiest in Eng¬ 
land, and in all nations in which the people are ruled 
by others than them: elves. The pen is a very pretty 
weapon with which to pick a quarrel when a strip of 
territory is in demand, but the sword is the thing with 
which to obtain it. What were an expedition to the 
Punjaub without it ? Even a mass meeting upon 
Ivennington common provokes it. And Irish patriot¬ 
ism draw's it rampant from the scabbard. But an Irish 
newspaper, in which the pen invokes the spirit of lib¬ 
erty, must not be permitted to see the light. In such 
an issue the government of England, with a disinter¬ 
estednessworthy of a better cause, magnanimously re¬ 
signs even a share of the profits, and cuts down the pen 
with a single blow of the sword. 

Tyrannical Exactions on the Cubans. 

By the following, from LaVerdad,the Spanish pa¬ 
per in New York, it appears that the Cubans really 
deserve almost as much sympathy as the Hungarians. 
No Government scarce ever made more tyrannical ex¬ 
actions. We copy some of them : 

Little less than a lourth part more of that which is 
wrung from the number of 600,000 free inhabitants, 
suffices to sustain all the expenses of the government 
of these United States, in which are counted more 
than 20 millions of inhabitants, and which, with little 
more than half the number of soldiers that we support 
in Cuba, have more than enough for the protection 
and garrison of their boundaries and forts. 

Flourand many other articles of first necessity for 
the sustenance of the industrial and poorer classes, are 
charged with a duty varying from 50 to 260 per cent, 
of the article, such as rice, salt, fish, Indian meal, live 
pigs to be slaughtered, &c. &.c. Salt fish, on which 
we find a charge of 33 per cent, only in the tariff', 
when imported in foreign vessels, pays 66 per cent., 
and the same thing happens with other articles enu¬ 
merated and numerous others of the first necessity. 

Our farmers have to pay 2)^ per cent, on sugar aud 
10 per cent, on their other harvests, when gathered, 
the same as all engaged in raising liv.e stock, for all 
their cattle, exclusive of the charges arising from ex¬ 
portation. 

Every inhabitant is compelled to ask for a license 
and pay for the same even in case he wants to go the 
distance of a single mile from tho place of his resi¬ 
dence. 










THE mw CONSTITUTION. 


:V20 


He cannot remove his residence from one house in¬ 
to auother, without giving notice previously of his in¬ 
tention to the authorities, uuderthe penalty of a heavy 
tine. 

He is not permitted to lodge in his house for a sin¬ 
gle night, any person either native, or foreigner, be 
the same his friend or a member of his family, without 
giving the same information, also under the penalty of 
a like punishment. 

He may not have in his house any company or 
amusement of any sort, if he does not solicit, obtain 
and pay for a license C$2,59) or he must submit to be 
mulcted for an infraction of the regulations. 

He pays 6 to 6% per cent, of the value of any slave, 
or any property, in town or country, that he may sell, 
besides all other charges of notaries, of registration, of 
•tamped paper, &c. 

There is stamped paper, the use of which is enforced 
by the government, and sold by it at the price of $8 
every sheet, and it is necessary on a solemn oath to 
prove one’s poverty, in order to be admitted to the 
use of cheaper paper, a sheet of which costs six cents. 

Some months ago an order was received by the Cap¬ 
tain General of the Island, prohibiting parents from 
sending their children to the United States for purpo¬ 
ses of education; and such parents are now driven to 
the expedient of proving ill health or feign it for their 
children, in order to obtain passports for them. 

In the whole Island of Cuba a most brutal spirit of 
despotism is strikingly prevalent in all officials of the 
government, from the Captain-General down to the 
most abject of his hirelings, without even excepting 
muncipal and other local authorities. 

In Matanzas, Cardenas Guines, Mad ruga and other 
places, the most revolting scenes of torture, gallows, 
butcheries and infernal machinations were enacted in 
tile year 1845, under pretence of suppressing a conspi¬ 
racy among the negroes. 

In the year 1845, different Regidoresand other mem¬ 
bers of the corporation of Matanzas were severely chas¬ 
tised for having presumed to present a respectful re¬ 
monstrance to the Royal Pretorial Audiencia at Ha¬ 
vana, complaining of the Government officials, &c. 

Another article contains the following. The edi¬ 
tor is recording events which have transpired since 
1827. 

“More than a million of African savages, imported 
into the Island of Cuba, insurrections of slaves, and 
tortures, gibbets, and slaughter to punish and subdue 
them, new fetters added to those which oppressed 
Cuba, arbitrary and cruel imprisonments, atrocious, 
unrelenting persecutions, banishments, sentences of 
death, executions, all, all that there is most contrary 
and repugnant to humanity.” 

Reform — The Prospect Brightens. —From almost ev¬ 
ery section of Maryland we receive the glad tidings 
that the prospect for having a Convention to revise the 
State Constitution is brightening. The Centreville 
Advertiser recapitulates the pledged tickets for the Le¬ 
gislature of both parties in different counties, and 
■ays : [Balt. Sun. 

“Not only are Democrats laboring zealously in the 
good cause, but the Whigs are coming up to the rescue 
like men—they are determined to look no longer to the 
Legislature for that thorough, searching reform which 
is so essential. 

“The signs of the times are indeed cheering ; and 
we really believe that two thirds of the members of 
the next House of Delegates will be Reformers—not 
Legislative Reformers, for they are no reformers at all 
—but those favorable to calling a Convention.” 


Amendments to the Constitution. 

It will be recollected that tlie following amendment 
to the Constitution of this State, has passed through 
two successive Legislatures, and is to be submitted to 
the approval or rejection of the people at the next 
election : 

“The Legislature of this State for the year eighteen 
hundred and fifty shall provide by law for the election by 
the people, of the following officers, viz : Judges of the 
Supreme Court, who shall be inelligible to any other than 
a judicial office during the term for which they arc elected, 
and for one year thereafter ; Auditor General, Stats 
Treasurer, Secretary of State, Attorney General, Super¬ 
intendent of Public Instinotion, and Prosecuting Attor¬ 
neys ;—and the said judges are prohibited from receiving 
any fees of office or other compensation than their salaries 
for any civil duties performed by them.''’ 

We are decidedly in favor of this amendment and 
hope it will be ratified by the people and made a part of 
the Constitution of the State. The experience of the 
last two years at Lansing, shows that it is important 
for the public interests that the State officers, now in 
the appointment of the Governor, should be freed from 
their responsibility to him, and be submitted to the test 
of a popular selection and approval, and thus feel a di¬ 
rect responsibility to the people. [ Detroit Free Press. 

Slavery in the Portugese Colonies.-Oii the 25th of 
June a bill was favorably reported, by a committee to 
whom the matter had been referred, to the Cnamber of 
Peers at Lisbon, containing the following provisions : 
The children of slaves, born after the date of the pas¬ 
sage of the bill, shall be free from the moment of their 
birth; all slaves who enter any territory or ship of Por¬ 
tugal, afti-r the passage of the bill, shall be free, but if 
any slaves enter a Portuguese ship they shall beheld 
amenable to the laws of the country while the ship is 
in port; if carried out of port they shall be free, but the 
persons who enticed or carried them away shall be re¬ 
sponsible for their value. Slaves accompanying for¬ 
eign embassi s may be held as slaves while the embas¬ 
sy remains, but will be set free if they remain in Por¬ 
tuguese territory after the embassy has left. The 
transportation of slaves from Portuguese ports is strict¬ 
ly prohibited. 

All slaves who are the property of the state are de¬ 
clared free on the passage of the law,and others becom¬ 
ing so are free immediately’ thereupon. Every person 
is considered free unless he call be legally proved to be 
a slave. In all ultra marine Portuguese colonies slaves 
must be registered,or they will be accounted free. Slaves 
may at any time be emaciated at a price fixed by arbi¬ 
trators, one half of whom shall be appointed by the mas¬ 
ter, and the other by the civil authorities. These pro¬ 
visions are sufficiently significant of the public senti¬ 
ment on the subject of slavery in Portugal. 

OMtis not what we earn, but what we save, 
that makes us rich. It is not what we eat, but what 
we digest, that makes us fat. It is not what we read, 
but what we remember, that makes us learned. All 
this is very simple, but it is worth remembering. 


THE NEW CONS i. 1TUTI0N. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ “ “ 10 00 

O’ All Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
n advance. 

ETFriends of The New Constitution every whe*» 
are also requested to act as Agents and Correspondents 
t 















“power is always stealing from the many to the few.” 


Vol. I. Columbus, Ohio, Saturday, September 22,1849. jVo .91 


The Single District System. 

We commend to the reader the able argument of 
Stanley Matthews, which we copy from the Cincinnati 
Enquirer, on this subject. It shows, clearly and con¬ 
clusively that, under the present Constitution of Ohio, 
the power to divide counties for the election of mem¬ 
bers of the Legislature, does not exist. The article 
was written as an argument on the Hamilton county 
question, raised by the Apportionment law, and in it, 
the writer, seems to admit, for the sake of illustrating 
his argument, on that question, that senators can be 
elected by a portion of a county, an admission, which 
when tested by the language of the Constitution—the 
action of the Convention and the concurrent action on 
the different apportionment bills, up to winter before 
last, has no foundation in fact, and cannot be sustained. 

Many of the friends of Constitutional Reform, favor 
the single district system of electing Senators and Rep¬ 
resentatives. The article of Mr. Matthews shows 
most clearly that, this can alone be done by a change 
of the Constitution, and to those of our readers, if any 
there be, who think different, we ask for the article, an 
an attentive perusal. 

Friends of a new Constitution to your Posts!! 

The enemies of Constitutional Reform are at work 
to defeat the calling of a Convention to give Ohio a new 
Constitution, worthy her people, resources and station 
at the head of the great Northwestcolumn. They view 
the movement of the masses in favor of enlarged lib¬ 
erty, with as much alarm, as did the honest down east- 
er the appliances of steam to propel vessels, for he ar¬ 
gued, the Lord has made wind for that very purpose, 
and it is flying in His face, and reversing His decrees, 
to make ships go by your tarnel hot water ! 

The Fathers of our stale, unwilling to carry their 
untried experiment of man’s capability for self govern¬ 
ment to the full length which we now would carry it, 
prudently vested a large portion of the power in the 
hands of the Legislature. Since that time, experience 
hath shown the fallacy of such fears as operated on the 
members of the Convention, which framed the State 
Constitution for Ohio, and the people have shown 
themselves a safer depository of powei than those into 
whose hands it was entrusted, and yet, the conserva¬ 
tive spirit of the land, continually attempting to arrest 
the car of progress, argue that to change the constitu¬ 
tion now, it to fly in the face of the fathers of the state, 
and to proclaim ourselves wiser than they ! ! And are 


we not wiser ? We have all the experience in govern¬ 
ment that they had, and near half a century beside.— 
As well might a man be accused of disrespect to the 
memory of his father, who would pull down the log 
cabin and erect a substantial mansion in its stead, bet¬ 
ter suited to the wants of his family, as to accuse those 
who wish to amend the errors of the present organic 
law ol the state, of disrespect to the memory of th* 
men who gave Ohio a Constitution and changed 111 * 
territorial into a slate government in 1802. 

\ et such is the argument—we came near saying, 
the only argument advanced against the change, and 
we would not have been far wrong, had we so charac¬ 
terized it. 

To secure the certain good, which will arise from a 
curtailment of the Legislative power,—the election of 
all state and county officers by the people, as well as 
the other reforms demanded by experience, the friends 
of Constitutional reform must bestir themselves and 
devote a portion of their time, to a refutation of the 
calumnies with which its opponents hope to defeat th# 
measure. Tales absurd and ridiculous—falsehoods, 
“thick as leaves in Vallombrosia,” will be resorted to, 
in order to create a doubt and to prevent men from vot¬ 
ing on this question, for they who vote for Representa¬ 
tives to the Legislature, and do not vote on the ques¬ 
tion of calling a Convention, in reality, from the pecu¬ 
liar wording of the Constitution, vote against th« 
proposition. This fact is well known to the enemies 
of Reform, and on this loop in the Constitution they 
hang their hope of defeating the measure. This fact 
should be explained, and the people made to under¬ 
stand that other important fact, that even, if the Con¬ 
vention when it meets, should not adopt such a Consti¬ 
tution as the people need, or if they should engraft up¬ 
on it any proposition obnoxious to the feelings of th* 
people—or if any provision should be deemed subver¬ 
sive of popular liberty, wrong or unjust, that the Con¬ 
stitution can be rejected, for it never will, and never 
can become the supreme law of the state, until it pas¬ 
ses the ordeal of the popular will through the ballot 
boxes—until a majority of the voters, first accept it, at 
the annual election. This fact known ,—for fact it u 
will at once overthrow, the strongest objection yet- 
raised to voting for a Convention to remodel the stat* 
Constitution. Until a new Constitution is ratified by 
the votes of the people, the present Constitution wiM 
remain in as full and binding force, as now. 

















322 


THE NEW CONSTITUTION. 


Written for the New Constitution. 

Homestead Exemption. 

This is a question of deep moment to the great mass 
•f the citizens of this State—not only to the poor 
man, but to those who are now seemingly well-to-do 
in the world—for such know not how soon their 
wealth may take wings and fly away, and they, like 
thousands of their fellow men, stripped of every means 
to provide for their dependent families—thrown home¬ 
less upon the world. 

The Almighty never intended that man should de¬ 
prive his fellow man of a portion of the earth which He 
gave to all. As well might he deprive his fellow 
trom drinkingat the pure fountain, as to deny him the 
right to a sufficient portion of the soil to sustain life. 

Look at the monarchies of the old world. There 
you see the degradation of the human family, mainly 
brought about by the land monopolists, who make 
“hewers of wood and drawers of water” of the millions 
who sweat and groan under their heavy burdens, until 
fife’s wearv pilgrimage is passed, when their children 
take up the yoke in turn. That same craven spirit 
which moves men to oppress their fellow men there, is 
«arried out in our midst, only not to so great an extent. 
There the ownership of land by the poor, is considered 
not in accordance with a monarchical government, be¬ 
cause its tendency is to take the power from the few 
und place it in the hands of the many, a thing which 
the aristocracy would most avoid. 

This anti-republican feeling is not entirely extinct 
in many of our people, and when such a thing as 
homestead exemption from execution fordebt, is broach¬ 
ed, they hold up their hands in horror at such “ Agra¬ 
rianism, ” as they are pleased to style it. The aboli¬ 
tion of imprisonment for debt, was but a step in civili¬ 
zation. The same humane reasons which called for it, 
now demand homestead exemption. The advocates for 
the abolishment of that barbarous code, held that it 
was not right—neither would it pay the debt—to im¬ 
prison a man because he owed another. His impris¬ 
onment effectually prevented him from using any 
means to discharge his obligations. So it is with the 
man who depends upon his few acres of land to provide 
his family with the necessaries of life. If per chance 
he falls in debt to some Shylock, (and where is the 
poor man that is not surrounded by them?) a suit is 
commenced against him—cost is made—he is compell¬ 
ed to fee a lawyer—the dread of its disastrous termina¬ 
tion disheartens him;—and after dragging through 
three or four terms of court, he is finally driven from 
his home—that home made doubly dear through its 
hallowed associations of his youth, or made so from 
the fact of its having been the birth-place of his children. 

And this is done to answer the ends of Justice! 
Forbid it heaven! And while this poor man is denied 
a shelter, and means to bring up his family, in all prob¬ 
ability his lordly creditor is rolling in wealth—“feast¬ 
ing sumpteously.” 

It is now in the power of the laboring man to right 
this wrong, and if he does not do it, he has no one to 
blame but himself, for of all questions now before the 
people of Ohio, this is the most important— a measure 
that will work the greatest good to the greatest number. 

We want no such miserable abortion of an exemp¬ 
tion law as passed the House last winter. We want it 
to be what its name purports—a Homestead Exemption 
—irrespective of precious debts, or debts to come —pro¬ 
vided it does not conflict with liens already voluntarily 
given. A creditor might just as well have demanded 
that his debtor should remain in jail after the passage of 
the law abolishing imprisonment for debt, until it was 
kis good pleasure to release him, because he had con¬ 
tracted the debt before its passage, as to say that no 


man should hold real estate in the face of his debts 
contracted previous to the passage of the Homestead 
Exemption act. And we have heard no one advoca- 
■ ting such an unfair provision in the bill, save those 
who availed themselves of the benefit of the Aristo¬ 
crat’s Bankrupt Law of ’41, or at least were its warm¬ 
est supporters. We have had enough legislation for 
the rich —now let us have some for the poor. 

A WORKING MAN. 


From “the District School Journal.” 
Government Machinery anti Self-Education. 

Dear Sir : During six months’ residence at the heart 
of our nation, two great facts have been very strongly 
presented to my mind, as holding to each other most in¬ 
timate and important relations—I mean Civil Govern¬ 
ment and Self-Education. Facts will best illustrate. 
On leaving New York for a visit to Virginia, availing 
myself, for the purpose, of your proffered and gener¬ 
ous hospitality, I took with me, as you know, a large 
quantity of the products of young hands in that com¬ 
mercial metropolis. A portion of tnose products were 
scattered in the “Old Dominion” by your hands and 
mine, which proved to be good seed sown in good 
ground, having already brought forth fruit abundant¬ 
ly. Your letter of acknowledgment to the New York 
schools, with some directions to teachers added by 8. 
W. Seton, the agent of those schools, and by him, in 
elegant style, put into the form of a “circular,” for 
general distribution, has been scattered broadcast over 
every section of every State in the Union, principally 
by “Government machinery,” both State and national. 
The common mode of operation was, for members of 
Congress to send copies to the members of the State 
Legislatures, also to public journals in their respective 
districts, with others to school superintendents, teach¬ 
ers, and other education functionaries. With the cir¬ 
cular were sent, in many cases, specimens from the 
New York schools, acknowledged in your kind aud 
patriotic letter, occasioningand principally constituting 
it. The Government machinery thus operating fur¬ 
nished most of the State superintendents of schools 
with the products of young hands, and to a great extent 
of “Self-Education,” some of the best specimens of 
this hand and handy-work having been produced on the 
domestic board, as you can bear testimony as a visible 
witness in your own family. The fruits of school 
instruction and of self-education, thus furnished to 
Government functionaries of schools in different States, 
have, as they inform me, been used most successfully 
as seeds of knowledge and incentives to assiduous cul¬ 
ture, in the various fields of labor under their respec¬ 
tive supervision. Surely such leaven, placed by such 
hands, in such measure, and in such movable and mov¬ 
ing materia], must leaven the whole lump. 

Another mode of the workings of Government ma¬ 
chinery for self-education deserves notice. A member 
of Congress sends to the several members of the State 
Legislature in his Congressional district specimens of 
writing, drawing, and other products of young hands, 
delightfully employed around a family board. These 
specimens, thus received through the hands of their 
Congressional representative, are made the occasion by 
their State legislators of meetings in their respective 
legislative districts for exhibition and distribution, at 
the same time inviting a reciprocating action from the 
receivers, in the same great republican enterprise. The 
only reply necessary for those who should say that Na¬ 
tional and State legislators would not do the work pro¬ 
posed is, that they have done it, and that many not yet 
having had the opportunity have cheerfully offered 
their services for the work. 

Another branch of Government machinery which 









THE NEW) CONSTITUTION. 


323 


has done education work partially, and will most cer¬ 
tainly do it generally and effectually, is the post office 
—making the 17,000 postmasters in our nation virtu¬ 
ally and prominently education agents, especially pro¬ 
moters of self-instruction. Under the provisions of 
the present post office laws, many postmasters have 
sent and received, to and from distant States of our 
Union, the products of self-instruction. Many more 
could and would do it, if they should have opportuni¬ 
ties. Under a more enlightened post office arrange¬ 
ment. which we are certain to have, probably before 
the close of another session of Congress, almost any¬ 
thing, as the products of young hands and minds, can 
he sent by this most powerful piece of Government ma¬ 
chinery, capable of performing the functions of intel¬ 
lectual and moral veins and arteries for our whole na¬ 
tion, from Maine to New Mexico, and from Florida to 
California. “A cent an ounce ” system, which would 
afford a money-making operition to the Department, 
would furnish, both to the schools and families of our 
nation, facilities and inducements for intellectual, mo¬ 
ral, and patriotic correspondence, by which, in the lan¬ 
guage of the “circular” referred to, “young voices 
would be heard in affectionate greetings, and in broth¬ 
erly and sisterly love, from the broad and beautiful 
Hudson on the north to the banks of the Rio Grande 
on the south; from the shores of the Atlantic on the 
east to the waters of the Pacific on the west;” and thus 
by young bands an offering rendered,a most auspicious 
omen presented, and a sure guarantee given, that, amid 
the storms of partisan excitement and political passions, 
would be preserved, undimmed and untarnished, our 
Union, '‘one and indissoluble.” 

A most important feature of self-education, admira¬ 
bly fitted for the workings of Government machinery, 
has, within a few weeks past, been most strongly and 
strikingly developed in our national city. It is the 
principle of a mechanic making his own tools, a chem¬ 
ist his own apparatus, or pupils their own instruments 
of instruction. In the great work of self-instruction 
this principle is applicable to an extent which few ap¬ 
prehend, producing results which none can calculate. 
As a single case, not less than two thousand, probably 
three thousand, missesand lads in this city have, with¬ 
in a few weeks past, collected, arranged, and labelled, 
bv their own hands, cabinets of Geology, showing the 
elements and structure of the world, and of course an 
appropriate elementary lesson to every person in the 
world—a case of preparing their own instruments, not 
only important, but essential to any substantial knowl¬ 
edge of thesubject. Instruments for practical mensu¬ 
ration, illustrating the ratio of increase, the various 
combinations and relations of cubes and other mathe¬ 
matical solids, more complete than ever before witness¬ 
ed by me, have been made, and are now in progress, in 
great numbers, by young hands directed by young 
minds in this city; and that too, as an amusement most 
eagerly sought for, producing, as one of the most im¬ 
portant results, habits of productive industry, under 
the guidance of minds familiar with principles ensur¬ 
ing success, avoiding almost certainly abortive efforts. 

To some extent globes have been made by self- 
instructors, and for one mode of instruction in geogra¬ 
phy. They can be made any where, by any persons 
who should provide themselves with prints for covering 
them; securing the aid of a turner, perhaps, for pre¬ 
paring the balls to be covered. By very simple ar¬ 
rangements, under a system of co-operation and recip¬ 
rocation by school functionaries, and through the 
schools in all parts of the country, both cheaper and 
better school apparatus can be prepared on the very 
spot where it is to be used, and by the hands of the very 
pupils needing its use, than is now to be obtained from 


any place at any price. In proof of the correctness of 
such a statement, I can mention that an instrumeiit for 
illustrating practical mensuration, and the elements of 
crystal-lography, and of mechanism generally, has re¬ 
cently been made in this city, entirely by the hand of 
a girl ten years old, which I would not exchange for 
two like one on the same subject recently procured 
from France at the cost of six dollars. 

I am also able to state, that for establishing such a 
system of a cooperation and reciprocation among 
schools and school agents, measures are in vigorous op¬ 
eration, bringing to their aid not only the Government 
functionaries of our nation, but foreign ministers and 
other public functionaries from other nations, who 
bring to it active, spirited efforts, under large, enlight¬ 
ened views, which leave no doubt of success. 

Perhaps, in justice alike to myself and the public, I 
ought to improve this occasion to say, that “Hol¬ 
brook’s Apparatus,” purporting to come from Hol¬ 
brook &. Co., of Ohio, is by the agency of a deposed 
Methodist preacher, and that I have in it no direction, in¬ 
terest, or responsibility whatever. Sucha notice seems 
to be especially called for by the fact, that almost every 
device has been resorted to by venders to have it under¬ 
stood to be mine, and that in numerous cases coming 
to my knowledge schools procuring it under such rep¬ 
resentations and belief have soon found it so defective 
and erroneous as to throw it aside, as causing the sad 
evil of giving erroneous first impressions, especially so 
in the part styled “Geological Cabinet.” 

With thousands of kind recollections, I remain, my 
dear sir, your greatly obliged friend. 

J03IAII HOLBROOK. 

S. S. Randall, Esq. 


Distrust of the People. 

We will tell it at home, though we should be asham¬ 
ed to say it abroad, that certain leading men, and lead¬ 
ing journals too, in Ohio, while professing to believe in 
the capacity of the people for self-government, are 
afraid to trust lhem with the privilege of choosing del¬ 
egates to a convention to amend the State constitution. 
They do not express their fears openly, but covertly, 
and in a way calculated to show that they have no con¬ 
fidence that the people will do right. When asked the 
direct question, whether a convention should be held, 
or not. they doubt, hesitate, and answer evasively, that 
some trifling amendments should be made in the con¬ 
stitution, but that it should not be made a party ques¬ 
tion ; that to meddle with the constitution is a very 
serious matter ; that the people should take time to 
consider ; thatthere is likely to be too much party ex¬ 
citement to permit the altering of the constitution to 
be done with the necessary calmness and deliberation, 
&c., &c. 

Now, it is easy to see that men who talk in this 
style, although they may really desire, as they say, 
that some trifling amendments should be made in the 
constitution, are yet afraid to trust the people with the 
power of making any amendments at all. Tiie talk 
about too much political excitement is all gammon.— 
Everybody knows that the present interval between 
the heat and broil of two presidential elections, is the 
very best time for calling a convention to amend our 
State constitution. 

Every man who, if he votes at all at the coming 
election, refuses to vote himself and discourages others 
from voting for a convention, shows that he has no 
confidence in one article of his political creed, viz : 
that the people have the ability to govern themselves. 
Let the people mark every such man as a secret foe, 
more to be dreaded than an open enemy. 

[People’s Platform. 








n-34 


THE MEW CONSTITUTION. 


From the Toledo (Free Soil) Republican. 

State Convention. 

The voters this fall have to decide whether a Con¬ 
vention shall be called to amend the Constitution.— 
Those who desire it, will upon their ballots for Repre¬ 
sentative write “For a Convention,” and those who 
are opposed need not insert, “Against a Convention.” 
The Constitution reads, “If it shall appear that a ma¬ 
jority of the citizens of the State voting for Represen¬ 
tatives, have voted for a Convention , the General As¬ 
sembly shall at their next session call a Convention.” 

The advocates fora Convention desire: 

1st. All officers to be elected by the people—to take 
from the Legislature all patronage. 

2d. Prohibit the Legislature from increasing the pub¬ 
lic debt. 

3d. Quick and prompt redress of wrongs by the ju¬ 
diciary. 

4th. To provide against monopolies in banking and 
other private corporations. 

5th. To provide for equal taxation upon all species 
of property. 

6 th. To secure the Homestead. 

7th. To provide a complete system of Education. 

The opponents have only to keep silence, and their 
silence is opposition. The democratic press through¬ 
out the State have advocated a Convention. The dem¬ 
ocratic members of the last General Assembly voted 
for it, and not a single democratic convention, county 
or district, that has not passed resolutions in favor. 

Governor Bebb had independence enough to allude 
to this subject in his last message, and so much of it 
as related to amending the Constitution was referred to 
Messrs. Pennington, (whig,) Leiter and Norris, (dem¬ 
ocrats.) Mr. Pennington made a minority report. It 
is an able, strong whig document. He says “it is not 
a party question.’' But, however adroitly drawn is 
his report, he does not disguise that there are among 
the advocates for a Convention,a “formidable number” 
opposed “to the principles of corporations and bank 
charters.” “Again,” he says, “it is said that the Con¬ 
stitution is objectionable because it is too general in its 
provisions.” He “regards this as its greatest virtue.” 
Yes, a Constitution which demands a strict construc¬ 
tion, is by no means a favorite with statesmen of Mr. 
Pennington’s creed—it must bear to be construed at 
least in favor of their monopoly legislation—and he 
adds, “a Constitution that would limit the Legislature 
or dictate to it measures of policy, would be not only 
unwise, but in nine cases out of ten, conflict with the 
best interests of the people.” It needs no further at¬ 
tempt to prove that Mr. Pennington in his able minor¬ 
ity report, gives the acknowledged whig views. One 
more extract must suffice: 

“We should not rush headlong upon the wild sea of 
experiment; we should not lose sight of those great 
conservative principles that are indispensable to the 
perpetuity of republican liberty. 

“If a new Constitution is necessary, let us wait until 
the going down of the sun of political strife—till the 
cessation of party acrimony, and above all, until the 
voice of an intelligent and sovereign people ask it 
at our hands; let them be the arbiters of their own 
interest and their own welfare. 

“While this Constitution lasts, we have the promise 
of a bright and glorious future before us. Let the fiend 
of party strife strike it down, blot it from the pages of 
our history and undertake to build another upon its 
rains, and the evils which are now imaginary, will be 

REAL. 

“The last plank of safety to that policy which has 
made the State what it is, will have passed from under 
us, aud radicalism, the most ultra, and most destruc¬ 


tive to the welfare of all, will stalk abroad. To save 
us from such ends, let us cling to this good old Consti¬ 
tution, with the love our fathers bore lor it, as the only 
sheet anchor of our hope and our safe destiny.” 

It has been said that Mr. Pennington as well as most 
of the whig press claims that this “is not a party ques¬ 
tion .” Every whig is however proud to own the gen¬ 
uineness of the whig doctrines embodied in that “mi¬ 
nority report .” When the bill providing for a conven¬ 
tion was before the General Assembly whigs only op 
posed it and continued to oppose it until they found 
that their course would give the Democratic party a 
popular advantage. Then a few of the whig members 
voted “to adopt ” a resolution providing for a conven¬ 
tion. 

But it was left for the whigs of Lucas and Henry 
counties to divulge the secret of the change. Was it 
dislike and hatred of the officers; elected last winter by 
the General Assembly ? Was it because the great state 
of Ohio elected an anti-Slavery Senator to hold in check 
this pro-Slavery President ? Was it because the Gen¬ 
eral Assembly was so corrupted by Free Soil members 
as that they elected Salmon P. Chase ? Here is their 
reason: 

“Resolved , That the extreme corruption manifested 
in our state Legislature last session and the utter dis¬ 
regard of the wishes of the people which was there ex¬ 
hibited in the elections made by the General Assembly 
imperatively requires that a change should be made in 
our state constitution by which all state and county 
officers shall be elected directly by the people.”— Whig 
District Resolution of Sept. 1, at Maumee. 

No other reason than the “ corrupt elections" last win¬ 
ter. If the wisdom of the whig party had controled 
the last General Assembly—and elected Thomas Ew¬ 
ing, if the Free Soil members could have been corrupt¬ 
ed to vote with them for Mr. Ewing—would the resolu¬ 
tions for a convention have been passed ? Truly “this 
is r.ot a party question." The high and noble views of 
the whig party are not consulted—but when driven to 
the support of the measure—they go at it in a virtu- 
perous manner and descend to the direct abuse of Ham¬ 
lin, Spaulding, Caldwell, aud Salmon P. Chase, and 
make personal issues decide the fate of a constitution .— 
Are the intelligent statesmen and voters of the whig 
party to be induced to meddle with “the last plank of 
safety to that policy which has made the Stute what it is "— 
by thus abusing individuals ? 

It is to be hoped that the whig press and politicians 
will continue to advocate this measure in the manner 
they have commenced, “and,” (as says Mr. Penning¬ 
ton) rush headlong upon the wild sea of experiment” 
fanning the flames af “party acrimony” and then thev 
will have rendered themselves too obnoxious to find 
places in the Convention. In that convention the peo¬ 
ple will delegate none of the authors of “party acrimo¬ 
ny.” “This is not a party question.” “If anew con¬ 
stitution is necessary (says Mr. Pennington) let us wait 
until the going down of the sun of political strife.”— 
Yes this is what they want—“a no party Convention.” 
The people are beginning to understand what a no-par¬ 
ty President is—and they will be very likely to think a 
no-party Convention will be similar. 

We are as much opposed to ultra partyism as it is 
possible for Mr. Pennington or his whig friends to be, 
but for such no-partyism as is exemplified in their 
practice we have not, we confess, a particle of sympa¬ 
thy. **** 

OH t said that the Erie Railroad is now earning at 
the rate of one hundred and seventy thousand dollars 
per month, and it is expected that the month of Sep- 
ember will show increased receipts. 










THE NEW CONSTITUTION. 


325 


Written for “The New Constitution.” 
Friends of Constitutional Reform Arouse! 

Mr. Editor :—Although unaccustomed to writing 
for public prints ; and notwithstanding prudence 
might now dictate silence on my part ; yet with your 
permission, I wish to say a few things through your 
columns, on the necessity of the friends of the new 
Constitution arousing to the importance of the meas¬ 
ure. 

Freemen of Ohio, the Ides of October are upon you ! 
A few more days and a ou will be called upon to exer¬ 
cise the highest prerogative a freeman can enjoy—the 
privilege of voting ! Friends of the new Constitution 
—friends of equality of political rights, are you ready 
for the contest ? If not, arouse, arouse. The enemies 
of this measure are stealthily though steadily at work, 
and unless you put forth corresponding efforts—through 
your apathy—through your neglect the present fceted 
constitution, defective in all its parts as it is, may be 
rivited upon us. Will you not then awake to the im¬ 
portance of the crisis and do vour part in carrying out 
the great measure sought to be accomplished ? 

Mechanics., Farmers, Laboring men, I appeal to you. 
Are you content longer to remain bowed to dust, hew¬ 
ers of wood and drawers of water for those fatners on 
the spoils of honest men, who solely on account of 
their wealth, are allowed, by Legislative enactments to 
deprive you of your rights ? Or will you not arouse 
in your majesty, assert your rights and claim for your¬ 
selves and your children the blessings and privileges 
your Creator designed you to enjoy ? Remember, pro¬ 
ducers, that you are kept down, are scorned with con¬ 
tempt and derision by the very men for whom your 
sweat, and toil, and drudgery has amassed their all.— 
Remember that you have but to resolve that you will 
have your rights and they are obtained. While you 
perhaps are poor, are compelled to pay taxes on every 
dollars worth of property you possess the bankers of 
our state are allowed to escape with merely paying a 
tax on the profits they derive from their business !— 
Is this right—is it just ? If not, then let me urge up¬ 
on you the great necessity of renewing your zeal in fa¬ 
vor of Constitutional reform. 

Young men, I have a word to say with you. You 
are just starting in life,and perhaps for the first time you 
are about to exercise the greatest privilege a freeman can 
boast—the right of suffrage. You may be poor, ano 
if so, have seen the young men of the privileged class 
enjoying immunities you are deprived of on account of 
your poverty—your misfortune has, by law, been 
made acrime.and will you by a want of zeal,aid in the 
perpetuity of such a state of things ? I hope not.— 
As on you depends in a great measure, the prosperity 
of our noble state, as you are her main stay, I would 
earnestly exhort you to con the matter well and with 
all your ardor labor for this, to the young men of Ohio, 
greatest of all measures now agitating the public 
mind. 

Old men, I doubt not experience has demonstrated to 
you, time and again, the axiom that “the world is gov¬ 
erned too much,”—by the inequality of our laws, you 
have been crushed to the earth in earlier days—you 
have been robbed of rights guarantied you by nature, 
and right, and will you not now endeavor to aid in the 
glorious work of wresting from the usurper the ill-got¬ 
ten power they have obtained, and leave for yonr pos¬ 
terity the richest of all legacies—equality of political 
rights ? 

Let all, the old, the middle aged and the young wake 
up—there is not an hour to lose. Combined wealth is 
diligently laboring with a zeal worthy a better cause, to 
defeat the new Constitution, and will you sit idly by i 
and not attempt to thwart them in their designs ? 11 


trust not;—but hope that you will put your shoulders 
to the wheel and aid in this glorious undertaking. See 
your neighbor. Tell him of the importance of his 
working for the cause. Point out to him the gross, 
the damning injustice of our present constitution.— 
Exhort him to be early at the polls. See the lukewarm, 
visit the wavering. Reason with the opponents of the 
measure. Show them wherein the Constitution needs 
remodeling, and be sure you vote yourselves for the 
measure, and victory—complete, glorious and brilliant, 
will crown your labors. 

Whigs, Democrats, Free Soilers, let me urge you to 
lay aside your party bias on this occasion and rush as 
one man to the standard of right, and of the oppressed. 
Your consciences will approve you, the friends of free¬ 
dom every where will thank you and your state will 
advance to the position she should occupy and her citi¬ 
zens be contented and happy. To work, then—nor 
stop until victory perches upon your banners. 

_ ' ROLANDO. 

The Commercial Emporium—Its Progress. 

The report of the Secretary of the Treasury on the 
warehousing system embraces some curious informa¬ 
tion in relation to the growth and progress of New 
York. The Hudson river was discovered in 1609. In 
1612, New Amsterdam, now New York, was founded 
by the Dutch. In 1644 the first city hall was erected, 
and the same year the place was taken by the British. 
In 1673 it was retaken by the Dutch, and during the 
year the first coast rider commenced his trips to and 
irom Boston once in three weeks. In 1674, the British 
retook the place. Until 1676, the ferry boats passed 
up Broad street, to Garden street, now Exchange Place. 
In 1688, the assessors valued the whole properly of the 
city at $350,000. In 1699, the population of the city 
was 6,000. In 1774, it was 22,750. In 1836, the pop¬ 
ulation was 300,000. 

In 1811 there wasagreat fire in Chatham street,and 
in 1835, on the 16th of December, the great fire—loss 
twenty millions dollars. In 1791, the exports from 
New York to foreign ports, amounted to $2,505,465. 

A talented English author declares that in 1832, the 
value of the merchandise laded and unladed in New 
York, was estimated at $100,000,000 to $120,000,000; 
and that in that year the number of vessels in the port, 
in the busy season of the year, varied from 500 to 750, 
exclusive of fifty steam packets; that the number of 
arrivals from foreign ports amounted, in 1832, to 1,- 
808, and the coasting arrivals were then between 4,000 
aud 5,000; and that the total value of the imports into 
the United States in the year ending 30th September, 
1832, was$101,029,266, ofwhich no less than $53,214,- 
402, or more than one-half of the whole, were impor¬ 
ted into New York. 

The same author remarks, that the customs revenue 
on the goods paying duties imported into the city, 
amounted in 1832, to $13,000,000, while the total cus¬ 
toms revenue of the United States seldom exceeded 
$22,000,000; that the value of the exports from New 
York, for the year ending 30th of September, 1832, 
amounted to $26,000,945, being between one-third and 
one-fourth part of the total exports from the United 
States for that year; that the tonnage of New York 
was then greater than than of Liverpool, or any other 
city, with the exception of London; that the register¬ 
ed tonnage belonging to the port, on the last day of 
December, 1831, amounted to 122,458 tons, and the 
enrolled and licensed tonnage to 163,980 tons, making 
a grand total of 286,438 tons, being between one-fifth 
and one-sixth of thewhole tonnageof the UnitedStates! 

In 1805, the city taxes amounted to $127,946. In 
1832, they amounted to $1,085,130. So much for the 
progress of the Commercial Emporium. 










326 


THE NEW CONSTITUTION. 


From the Hillsborough Gazette. 
Important Investigation—Slave Case—State of 

of Ohio, vs. T. Cogzell and others—Kidnapp¬ 
ing. 

The citizens of our town have been much interested 
in a trial held in an examining court, before Wm. Keys, 
Esq., within a few days past. A certain man by name 
of T. Cogzell, from Memphis, Tennessee, in company 
with two others, citizens of Clermont county, in this 
State, on the 6th of September instant, seized a black 
woman, named Mary, whom the Tennesseean claimed 
as an escaping slave. His claim to herservices as a 
slave, rested on a paper purporting to be a bill of sale 
from a former owner in Memphis, not sufficiently au¬ 
thenticated. This paper certified that he had bought 
siad slave for $.'350, that she was a slave for life,—was 
of sound body and mind, &.C., which transaction took 
place in April last. 

This woman was found at the house of Mr. James 
Sloane, near Mourertown, in this county,—was seized 
by these persons in the house of Mr. Sloane, and dragg¬ 
ed out some distance towards the road, with the inten¬ 
tion, as was believed, of transporting her out of the 
State, as a slave. Before they got to the road, how¬ 
ever, they were met by Mr. Sloane, and told they must 
not remove Mary from his premises without first es¬ 
tablishing their claim, by a fair investigation before 
proper authority; and if found by a fair trial to be his 
slave, no impediment would be by him put in the way 
of her removal. Altercation of this kind lasted for 
perhaps, a half hour, he still holding the woman fast by 
the arm. In the meantime, Mr. II. P. Sloane and sev¬ 
eral other members of the family, together with seve¬ 
ral neighbors, were collected to the place. While thus 
engaged, a warrant from Esq. Long was obtained, up¬ 
on the oath of H. P. Sloane, and the parties were ar 
rested Wf >n a charge of seizing a free black person 

.med Mary Elizabeth Munroe—keeping her in re- 
0 ,faint and confinement, with intention to transport 
her out of the State of Ohio. They were brought to 
Hillsborough, as we understood at their own request 
as they wished to abtain counsel. The warrants was 
therefore returned to Esq. Keys. 

Upon examining and comparing the testimony, it 
was found that Mary was the slave of Cogzell, purchas¬ 
ed as stated in the bill of sale, in April last,—that he, 
Iter said master, sent her with a lady Mrs. Philpot, who 
was in ill health, to Ohio, on a visit to her brother, a 
Mr. Hammett, one of the accused, who resided in 
Clermont county, Ohio, where she intended to stay for 
a time. 

The slave Mary, was put aboard of a steamboat at 
Memphis, with tiiis lady, Mrs. P., by her said master, 
and by him, ordered to wait on her carefully,—to go 
with her to Ohio. They landed at Cincinnati,—stayed 
there a short time,—from thence, proceeded to Clermont 
to her brother, Mr. Hammett’s. The proof was direct 
that Cogzell had acknowledged that he purchased Mary 
on purpose to proceed with Mrs. P. to Ohio to wait on 
her. It was also proven that they had acknowledged 
their intention of seizing Mary, and by force, taking 
her into a slave State. While residing in Clermont, 
some person informed Mary that she was free ; that 
her master having sent her to a free State, had thereby 
emancipated her. So she resolved to put the matter to 
the proof, and accordingly on the 5th of July, left the 
service of Mrs. P., and was, by some one, taken to Mr. 
Sloane’s, where she remained till seized by these claim¬ 
ants. The black woman, Mary, was admitted to testify 
as a witness in this case, perhaps the first case of tile 
kind in Highland, since the repeal of the black laws. 
Her testimony was calm, clear and deliberate—without 
confusion or hesitation, and fully corroborated by the 


testimony of others. So far as we have heard, her 
story was* believed to be perfectly truthful—no con¬ 
cealment or apparent evasion. 

Messrs. Barrere and Sloane conducted the prosecu¬ 
tion on behalf of the State, and Messrs. Thompson and 
McDowell on behalf of the Defendants. The case was 
conducted with great ability on both sides—many 
reported cases involving the same, or similar principles, 
were referred to and applied with a force and ingenuity 
not often surpassed. The discussion of the questions 
involved in this controversy, opens a wide field for the 
display of eloquence, and on this occasion it was well 
occupied. The trial, altogether, lasted more two full 
days. 

The parties accused, were held to bail for their ap¬ 
pearance at our next Court of Common Pleas, in a pen¬ 
alty of $500 each, where we may expect a still more 
thorough investigation of the case. 

Investigations simiiar to this, have created the great¬ 
est excitement in many portions of the country ; but 
our people, though deeply interested, were perfectly 
calm and collected, all willing and desious that a thor¬ 
ough investigation should be dispassionately had ; and 
anxious that justice should be done and the laws of 
the country maintained. Good sense in all that. ‘‘Let 
justice be done though the heavens fall.” 

Be on your Guard. 

Let every voter see too it on election day that his 
ticket has on it the word, “For a Convention.” Re¬ 
member that every vote that is not cast for a conven¬ 
tion is in effect cast against it. You can take no neu¬ 
tral position. You cannot vote without voting either 
for or against a convention. If you vote a ticket that 
has on it neither the words, “For a Convention,” nor 
the words, “Against a Convention,”—a ticket that in 
fact is entirely blank on the subject, you will vole 
against a Convention. Remember this and govern 
yourselves accordingly. 

It is probable that no tickets, or at least very few, 
will be circulated with the words, “Against a Conven¬ 
tion” upon them. But the opponents of anew consti¬ 
tution, and those who secretly have no faith in the ca¬ 
pacity of the people for self-government, will circulate 
tickets entirely blank on the subject of a convention, 
pretending, good patriotic souls ! that they wish to 
leave the matter wholly to the unbiassed choice of the 
people who can write on the tickets either for or against 
a convention as they please. These men know very 
well that thousands will vote whatever ticket is put in 
to their hands by those in whom they have confidence, 
and that thousands more who feel favorable to a new 
constitution, can be easily persuaded by the “knowing 
ones” that by voting a ticket which says nothing about 
a convention, they will at least not vote against a con¬ 
vention. This LIE will be told, and in this and simi¬ 
lar ways the foes of popular government of whom ev¬ 
en the State of Ohio is full, the upholders of monopo¬ 
lies, and the oppressors of the laboring class, hope to 
defeat the call for a convention. They will succeed 
unless the people awake, and do their duty manfully. 

[People's Platform. 

“They never fail who die 
In a great cause : The block may soak their gore ; 
Their heads may sodden in the sun ; their limbs 
Be strung to city gates and castle walls— 

But still their spirit walks abroad. Though years 
Elapse, and others share as dark a doom, 

They but augment the deep and sweeping thoughts 
Which overpower all others, and conduct 
The world at last to freedom.” 






THE NEW CONSTITUTION. 


From the Democratic Review. 

Radicalism. 

I here are many terms in use, which convey to dif¬ 
ferent minds ideas widely variant from each other.— 
The import of the term is too often mistaken for the 
truth that it contains. The attempt to compress every 
great idea within the meaning of a solitary word—to 
tiefine, by a single sentence, that which needs volumes 
to be. fully expressed—to represent, by an imperfect 
symbol, what cannot be perfectly comprehended but by 
the most persevering study and reflection, has led to 
the erroneous conclusions with reference to grave and 
highly important subjects. The term which we have 
selected as the basis of some observations, has shared 
this melancholy fate. 

It is our design to notice some erroneous views of 
Radicalism—to state, as far as possible, within a limi¬ 
ted space, what is its real import—and to trace its 
workings in the history of the American Government. 

A class of superficial thinkers have consideredit as 
something mysterious—theoretical in the extreme— 
having no connexion with the affairs of practical life. 
They give it a place among the thousand isms, that 
spring from the brains of visionary speculators—and 
attach to it a like importance. The reasonings of this 
class are so shallow, and their influence so limited, that 
it would be like a childish and useless task to endeavor 
to convince them of their errors. The great mass of 
mankind will acknowledge, that whatever is manifested 
in action, must first be developed in thought—that 
thought must be perfected in reflection before it can 
be exhibited to the world in its true light. Speculation 
must open the way for theory—and theory will demon¬ 
strate its correctness or futility when applied to prac¬ 
tice. Philosophers must invent e’er mechanics can ap¬ 
ply. Thus it is with Radicalism. The statesman in 
his closet developes those mighty ideas that are to con¬ 
trol the masses of mankind and decide the destinies ef 
nations. The radical thoughts of the reformer become 
the rallying cry to his followers—what is theory to 
him becomes action among them. The plans of the 
general are not more certainly decisive of the move¬ 
ments of his soldiers, the method of atlaek, and the 
evsnts of battle, than the ideas of leading statesmen, 
be they radical or otherwise, are decisive of the action 
of the people and the policy of nations. 

Dismissing, then, this class of thinkers, as too feeble 
to be hurtful, we find another portion of the communi¬ 
ty, whose views of Radicalism are of the most distorted 
•haracter. We refer to those most commonly styled 
•ons-rvative. They are often men of well stored 
minds, and extensive influence. But their habits of 
thought, their tastes, their imaginations, all unite to 
fasten their connection to the must and fragments of 
by-gone years. The crumbling ruin, supported by the 
faithful ivy, instead of teaching them a useful lesson, 
becomes an object of pious adoration. Pondering over 
books, written time out of date, they catch glances of 
all the inspired wisdom that is not erased. From the 
alcoves of ancient cathedrals they hear the loud swel¬ 
ling tones of the organ, and imagine that Heaven is 
breathing in the music of the past. They love to lin¬ 
ger amid the tombs of departed empires—and, copying 
their inscriptions, blazon them forth as suitable consti¬ 
tutions for young and vigorous republicans. They 
love the past with a fondness so devoted, that they wiil 
embrace even the corrupting forms that lie enclosed 
within its sepulchres. To them the death-knells of an¬ 
tiquity, sound sweeter than the alarm bells of revolu¬ 
tion. Disgusted with the present, actual condition of 
things, they hover around the past with feelings of mel¬ 
ancholy, and gaze into the future with the gloominess , 
®f despair. 


327 

We can well imagine the views that men of this 
stamp will entertain of Radicalism. Instead of regar¬ 
ding it with indifference, like the other class, they will 
see a horrid monster, whose mission it is to trample 
down and destroy. Tell them that Radicalism is but 
the hand that shapes and moulds old institutions to suit 
the present and future use, and they will point you to 
the past for the monuments of a wisdom that needs no 
improvement. 

They will maintain that every radical movement 
must necessarily be a destroying one; and, if a destroy¬ 
ing one, of course lead to the desolation of all that, is 
fair and venerable in the works of past ages. Its ten¬ 
dency is to break up the established order of things, 
and therefore it must be an evil. Besides, when it has 
once commenced its work, no one can tell how soon it 
will cease its devastations, nor measure the extent of 
the injuries that it will inflict upon society. Every 
cloud that skirts along the political horizon, contains 
within its bosom the thunders that shake, and the light¬ 
nings that shiver the fair structures of antiquity. Ev¬ 
ery gale that sweeps through the political atmosphere, 
bears the dread malaria that is to poison the life-blood 
of the State. They regard Radicalism as the foe to 
law, to order, to safety and permanency. They judge 
of it, not by the truths of history, or the teachings of 
reason, but contend against it because, it little harmoni¬ 
zes with the fondness for old associations—they dread 
that which their imaginations have invested with direst 
horrors. 

Of the two elements that are constantly at work up¬ 
on the political institutions of a nation, the class we 
have just noticed represents the conservative element 
— the tendercy of which, is to keep the affairs of Stats 
in a condition of perpetual fixedness—to be stationary 
rather than advance—to bu'Td unseemly additions upon 
old and decayed tenements, rather than erect, new and 
elegant specimens of political architecture.jo7" c best_ 
qualification of a statesman fitted for' this school qij 
politics, is to be a thorough antiquarian; he mustavoi;,, 
experimenting, as it leads to rashness; he must shun 
new theories, as they will pave the way for the over¬ 
throw of old practices. If any new improvement is 
loudly demanded, caution, almost approaching to timid¬ 
ity, will be the governing principle in the change.— 
The festering loathsome sores upon the body politic, 
must be approached with a caution similar to that with 
which they would dress the wo><nds of an aged father. 
Such is the manner in which the conservative element 
operates upon the minds of its votaries. In their anx¬ 
iety to become pure conservatives, they often make 
decided retrogrades. 

Directly opposed to this is the radical element— 
which may be defined as that which is constantly mod¬ 
ifying, changing, reforming, and improving the institu¬ 
tions of society. Imagination and fond recollection 
are laid aside when it views the stiuctures of antiqui¬ 
ty, and the “cut bono” becomes a subject of zealous in¬ 
quiry. The principle, that because a thing exists it 
should continue, is not a doctrine known in the creed 
of the radicalist. Wherever abuses need removing, ho 
is ready to apply the remedy. From the pages of the 
past, he draws the profitable lessons of experience.— 
And, instead of pining over the follies of modern inno¬ 
vations, as contrasted with the hoary glories of th® 
“olden time,” he erects on the ruins of departed em¬ 
pires the beacon light, which is to point out to futur® 
nations the shoals and breakers that have proved fatal to 
those that have preceded them. It is his pleasure to 
remodel whatever is capable of renovation—it is his 
mission to destroy, utterly, what time and decay have 
combined to render worthless for present purposes.— 
He advances boldly and fearlessly to the work of r®- 











THE NEW CONSTITUTION 


:v>s 


form—while the hand of innovation clears the moss- 
covered rubbish from his pathway. Progress his aim, 
and “onward” his motto, he heeds not the alarming 
cries of his conservative brethren. They have warm 
ed their hearts at the smouldering ruins of the past, 
while his is gleaming with bright hopes for the future. 

Whether the changes are effected by the mysterious 
influences of the pen, or by the sudden convulsions of 
the revolution, the same element is working in its beau¬ 
ty and power. Because a change is gradual, we are in¬ 
clined to regard it as far from being radical. Whereas, 
it is one of the noblest features of Radicalism, that it 
often accomplishes its purposes in a quiet, silent man¬ 
ner. Peaceably it prepares the way, before it deals out 
its bold, effective blows. Necessity—urgent and press¬ 
ing necessity—alone causes it to mount the war horse 
of revolution, and sport amid conflict and carnage. 
The arm of a Brutus would never have driven the fatal 
dagger to the heart of his friend, had not the principle 
of liberty been constantly growing in the affections of 
the Roman people. The bold genius of Napoleon 
wou'd never have formed the project of levelling the 
thrones of Europe, unless the tyranny of the Bour¬ 
bons had fired the people with an insupportable hatred 
to royal power. The British Parliament would never 
have h-en dispersed by a commoner, were it not that 
the writings of England’s gifted sons had prepared her 
people to applaud such a bold undertaking. Thus we 
see causes which have been operating for centuries, si¬ 
lently but constantly manifesting themselves in sudden 
and startling effects. The spirit of Radicalism is al¬ 
ways abroad on its mighty mission; no field so distant, 
hut that it will some day experience the benefit of its 
labors. It will always find statesmen, over whose 
minds it can breathe the spirit of its truth and glory. 
It will always find hands ready, promptly and faithfully 
to execute its designs. The present years are bearing 
witness to the long continued labors of this element, in 
reforming and remodeling the political condition of the 
world. We hear of crushing thrones—the flights of 
monarchs—and the confusion of a whole continent in 
political anarchy, as if some sudden, unexpected acts 
had produced these remarkable changes; forgetting 
that this element of Radicalism, sometimes suppressed, 
but never extinct, has been working with constant force 
upon the mind" of Europe, since the days of former 
Revolutions. The slumbering fires are now breaking 
forth from their secret caverns, to pour the lava of their 
wrath upon crowned heads, lolling in security, and 
royal seats become venerable amid the terrors of op¬ 
pression. 

But no nation has ever existed where the fruits of 
its labors have been so signal and beneficial as our own. 
From the very commencement, we have been a radic¬ 
al, progressive people. The country was settled by 
many, who left without^regret the pomp and pagean¬ 
try of kingly power. They came to a laud where the 
wild luxuriance of nature, “speaking in her thousand 
tongues,” reminded them of tile freedom it was theirs 
to acquire. They found a place for sowing abetter 
civilization than the world had yet known. In sever¬ 
ing the bonds that linked them to the parent country, 
they but yielded obedience to the great radical princi¬ 
ples impressed upon their minds. New ideas and new 
associations all tended to the same direction. Liberty 
became real—built her choicest temples, and lighted 
her holiest fires among them. The revolution—with 
its numberless instances of daring bravery, devoted 
patviotisir, and patient endurance—with its thrilling 
incidents of contest and victory—brought home to 
Americans rewards too rich to be estimated, and open¬ 
ed to mankind higher hopes than had e’er been pictured 
in the wildest fancies. It was the result of the strong 


radical principles that had emanated from the pens of 
a Jefferson and an Adams, and been impressed on the 
minds of the people by the eloquence of an Otis and a 
Henry. 

No sooner had thesmoke of the contest cleared away, 
than the question of organizing a government, suited 
to the wants of this young people, was agitated. Here, 
the favorite doctrines of the two classes of politicians 
manifested themselves. One class was in favor of lol- 
lowingthe plan of the English government, with some 
important modifications, while the other was for estab¬ 
lishing a new and untried form of government. file 
former were distrustful of new theories, and looked up¬ 
on the experiment as one of danger. The latter, in¬ 
spired with a love for the gre.at principles embodied in 
the Declaration of Independence, determined to exhib¬ 
it to the world the sincerity of their professions. They 
understood the. high duties that Heaven had given them 
to perform; and they labored with an earnestness wor¬ 
thy of their cause. But conservatism, though foiled, 
was by no means crushed; for it soon rose to superior 
influence in the cabinet of Washington, and gave tone 
to the administration of his successor. But the same 
man, whose confidence in the integrity of the people 
knew no bounds—and who bad interwoven in the tex¬ 
ture of his inmost soul the fundamental truths of liber¬ 
ty and equality—was the chosen champion to seize 
them from the hands of weak friends and designing 
foes The administration of Thomas Jefferson was a 
complete specimen of pure, unadulterated Radicalism. 
We see the abuses that had crept into our system torn 
out without mercy. We see reforms boldly planned 
and faithfully executed. The purchase of a large tract 
of foreign territory, whose proximity rendered its pos¬ 
session necessary to the enjoyment of our own resour¬ 
ces, was effected amid the moanings of political croak¬ 
ers, and the fears of hapless conservatives. 

The war of 1812 again brought these two element* 
in collision. The feelings that each entertained to¬ 
ward the old country were wrought up to their highest 
extreme The fears of the one and the boldness of the 
other were strongly exhibited. The conservative dread¬ 
ed the provocation of Great Britain—the radicalisl de¬ 
termined to maintain his rights at all hazards. He saw 
the principles that he cherished in imminent danger— 
and no means were too violent that would ensure their 
safety. At the close of the war the radical party was 
so powerful, that it met with no serious opposition du¬ 
ring the administration of Monroo. 

For a time the dividing lines of the two political par¬ 
ties were lost; but the greater portion of the bold, rad¬ 
ical party, that had upheld Jefferson and Madison, soon 
rallied to the support of Andrew Jackson. His plain, 
republican habits, his bitter hatred of oppression, his 
inflexible courage in contending with wrong, recom¬ 
mended him to that party whose principles needed 
promptness and determination to promote their success. 
His was a noble task—and well did he perform his pari. 
Did a monied monster threaten to overawe by its pow¬ 
er the votes of the people, and the authority of the gov¬ 
ernment?—with an alacrity that caused even friends 
to tremble, he at once, and forever, put an end to its 
dangerous existence. Was a single member of the 
confederacy, by sowing the seeds of disaffection among 
the rest, and bidding defiance to the laws, and endan¬ 
gering the stability of the Union?—The mail, above all 
others best suited for the occasion, fills the chair of 
State; and with an earnestness that sent a thrill of 
gladness to the hearts of his countrymen, he proclaims: 
“The Union—it shall be preserved.” 

Little do w* realize how great the debt we owe to 
those two able champions of Radicalism—Thomas Jef¬ 
ferson and Andrew Jackson. Tne former was the 
great expounder of these truths which a sound philos- 







THE NEW CONSTITUTION. 


329 


ophy had revealed to his mind, and a warm philanthro¬ 
py made dear to his heart; the latter was the instru¬ 
ment selected to battle with their most terrible foes. 
Jefferson ttie more calmly—Jackson the more sternly 
—both of them effectively, gave to conservatism blows 
from which it can never recover. The convincing 
logic ef the one, the clear earnestness of the other, have 
given the principles of Radicalism so strong a hold up¬ 
on the affections of the American people, that time can 
never obliterate them. They have shown their fitness 
for all our wants—they have made it clear, that no oth¬ 
er principles harmonize with the theory of our govern¬ 
ment. They taught us to guard with jealousy this 
rich birthright—to purge it from corruption—to pre¬ 
serve it from decay. 

The administration that has just closed, has left on 
record other triumphs of the great radical doctrines 
that have been gradually acquiring a strong pre-emi¬ 
nence. The acquisition of the wealthy country bor¬ 
dering on tiie Pacific, where is destined to arise the 
Tyre of modern times—the restoration of the currency 
to its constitutional standard--the bursting of thosa 
shackles that have confined our trade within too nar- 
iow limits, are measures that render it one of the most 
remarkable in the history of this nation. 

We have to mourn that the steady march of the 
country in Radicalism has been arrested, and human 
progress thrown far in arrear, through the treason of 
the Van Buren faction. Through the unparalleled in¬ 
gratitude of those who had received most from the 
country at the hands of radicals, conservatism is rein¬ 
stated in the government, and popular progress retar¬ 
ded for at least a quarter of a century. 

The only consolation left us, is, that this change has 
not been effected by any conviction in the minds of 
the people that the measures of the preceding admin¬ 
istration deserved repudiation. Argument had no voice 
in the contest. Traitors betrayed the country into the 
hands of an old soldier, who surrounds himself with a 
cabinet of the toughest conservatives ; he commits 
himself to them as an irresponsible agent, so complete¬ 
ly, as to be but a solicitor of office for his friends, and 
most frequently an unsuccessful one. And thus is 
most fully illustrated that maxim cf royal apologists— 
that “whatever wrong the kingcommits is solely attrib¬ 
utable to the folly or wickedness of his advisers.”— 
They are not the Cabinet of the President —he is mere¬ 
ly the President of his Cabinet. His administration 
has been conservative in the extreme; but we fear he 
may become somewhat radical towards the measures of 
his predecessor. 

The New Constitution. 

Friends of the New Constitution we warn you to be 
on the lookout,—every means fair and foul will be re¬ 
sorted to in order to defeat this measure, but if the peo¬ 
ple are true to themselves and the best interests of the 
State, they will in a mass deposite their ballots “ Fora 
Convention,” and thus show the enemies of Reform that 
their schemes of wickedness and treachery must soon 
be exposed, and that their future plans of operation 
must speedily have an end. Again we advise the 
friends of the measure to be on their guard from this 
time until the election day arrives. [Eaton Dem. 

New Orleans Mint. 

The coinage of the New Orleans Mint, for the quar¬ 
ter ending August 31st, is stated in full in the Delta of 
the 2d inst. The aggregates were as follows: 

Total Coinage for June, July and August. 

No. pieces of Gold,.219,000. .$255,000 

No. pieces or Silver,.980,000.. 490,000 

Total,.$745,000 


The objection that the people did not petition. 

One. of the arguments against a new Canstitution 
for Ohi6 is, that the people did not petition the Legis¬ 
lature to pass a joint resolution to allow them the priv¬ 
ilege of voting for or against the call of a Convention, 
and hence it is argued, the people are satisfied with the 
present Constitution. They who argue thus, forget 
the fact, that the question has been agitated for some 
years, and that its agitation increased the number of its 
friends, and that the number of members of the Legis¬ 
lature, in favor of the measure, has increased each ses¬ 
sion, until more than two thirds of the whole number 
elected, responding to the wishes of the people, voted 
for the law. 

The question was discussed in the counties and in 
neighborhoods—and in a manner more forcible than by 
petition, for an active man can get hundreds of peti¬ 
tions for almost any object, the members were made ac¬ 
quainted with the feeling in favor of a new Constitu¬ 
tion, from the constituents themselves, uninfluenced by 
cajolement. The feeling came from the fixed belief 
that the present Constitution was unsuited to the wants 
of the state, and those who so believed, took the most 
effectual way of securing a change for the betterl 

Since the passage of the joint resolution of last win¬ 
ter, committees of townships, of counties and of dis¬ 
tricts have spoken out on this subject, and in its favor, 
while scarcely a solitary convention has so far dared 
to fly in the face of public sentiment, as to resolve 
against it. 

The different propositions to amend have been freely 
discussed, and public sentiment, with a unanimity 
which has scarcely a parallel, has already settled down 
in favor of the great and leading changes, tlpon mi¬ 
nor points, there is, as there always will be, a difference 
of opinion, but upon the quention of electing all state 
and county officers by the people—of a reform in the 
Judiciary and of providing in the Constitution that no 
state debt shall hereafter be created, except by a vote of 
the people, there is no division of sentiment among the 
friends of Constitutional Reform, and we miss our 
guess much, if they do not constitute four fifths of the 
voting population of the state. 

Though in a large majority, the friends of Reform 
may, by supineness and lethargy on the day of the elec¬ 
tion, fail to carry the measure, yet we hazard but lit¬ 
tle in saying, that with a full vote of the people on this 
question, an overwhelming majority will be found “For 
a Convention,” and if that measure be carried, it will 
be productive of the greatest good to the people of all 
parties in the state. 

Bear it in Mind, 

That every man who casts a ballot at the coming elec¬ 
tion, and neglects to vote on the question of a Conven¬ 
tion for a New Constitution, will be counted as 
AGAINST the Convention—therefore, every friend 
of Reform must vote so. 

Keep this in mind—tell it to your neighbor—so 
that no friend of Reform shall oppose Reform by neg¬ 
lecting to vote either way. [Kenton Herald. 












330 


THE NEW CONSTITUTION. 


Idle Tales to make the Timid vote against 

a Convention to amend the State Constitu¬ 
tion. 

The question of a new Constitution for Ohio, is one 
that interests all alike. The tax payer is interested, be¬ 
cause it is his interest to prevent an increase of the 
public debt, without a vote of the people being first 
had, and to reduce the cost of carrying on the Govern¬ 
ment. The patriot is interested, because power has 
been taken from the many and vested in the hands of 
the few, and to reclaim and to give back to the people, 
where of right it belongs, the power to elect all State 
and county officers, will add strength to the Govern¬ 
ment, by making the Legislature what it should be— 
the law making power of the Government, instead of 
being, as it now is, the dispenser of the patronage of 
office; and hence it is, that all are alike interested in 
giving to Ohio a new Constitution worthy of her high 
standing and ot the age in which the lot of the present 
generation has been cast. 

There are those, however, who for sinister motives, 
attempt to create distrust among the people. To the 
free soilcr, they argue that the intention is to make 
Ohio a slave State, and to those who are opposed to the 
longer continuance of a black population in our State, 
the cry is, that the intention is to give the negro the 
right of suffrage The men who argue thus, do so, not 
from a belief that either tale has foundation in fact, but 
that they may deter the timid from doing tneir duty by 
voting for a Convention to remodel the State Constitu¬ 
tion. 

Of all the propositions, that of making Ohio a slave 
State, is the most ridiculous. Out of the 2,000,000 of 
souls which now inhabit it, not 500 would wish so to do, 
even if the people bad the power, which by the bye, 
those who believe in the binding effect of the Ordi¬ 
nance of 1787, must deny, for that instrument declares 
that slavery shall never become a domestic institution, 
within the country covered by its provisions. 

But little removed from this objection, is that of giv¬ 
ing negroes the right of suffrage. No one, in his so¬ 
ber moments believes a Constitution, with such provis¬ 
ion embodied in it, would be accepted by the people, 
and until their votes sanction the new Constitution, it 
never can become the law of the land. 

Objections, such as those of which are here spoken, 
are but the idle tales, raised by designisg men to scare 
the timid and to get them to vote against the Conven¬ 
tion, or what would suit their views equally well, not 
to vote at all on the question, and thus defeat the meas¬ 
ure. Knowing them to be false, they are put into cir¬ 
culation, and we envy not the man who would thus 
deliberately falsify the fact, for such an object. 

Slaves in California. — A correspondent of the 
Newark Advertiser, writes fromColluma: “Dr. Frank¬ 
lin, who came up with us in the Oregon, returns to 
bring out his slaves across the Isthmus. He gives them 
their freedom, doubtless based upon their laboring for 
him for a certain period.” 


From the Canada correspondent of the Ohio Statesman. 
Annexation of the Ri'itisll North Americau 
Provinces. 

Col. Medary. —My Dear Sir: The people of Lower 
Canada, as it regards their political creeds, differ mate¬ 
rially from the inhabitants of any other portion of Brit¬ 
ish America. The Lower Canadians are the descend¬ 
ants of conquered Frenchmen. They never owed any 
allegiance to the British Government, and they have 
no sensitive or fine feelings of British loyalty to oblite¬ 
rate from their mind, if they should ever be called upon 
to lend their influence in effecting an amicable separa¬ 
tion from the parent country, and in fact they are nei¬ 
ther Frenchmen nor Englishmen, but are Canadians 
by birth, education and interest; and what makes it 
still better, they are strongly attached to the principles 
of pure democracy, as understood by the friends of free¬ 
dom on this side of the line of 45*. The Lower Cana¬ 
dians of French origin, have long been, and are a uni¬ 
ted people.—They have been opposed to British tyran¬ 
ny ever since they were Colonists, and because they 
chose to baffle a tory faction in attempting to forge the 
chains of oporession that were intended to crush their 
liberties, did the British Government, through the act 
of Union, strip them from possessing a due share in the 
legislation of the country. 

By remaining true to their political integrity, the 
French Canadians clearly hold the ballance of power 
in the Legislature, and after seven years practical ex¬ 
perience, the fact has become fully established that a 
government cannot be organized upon the principles of 
the now well understood Canadian constitution, with¬ 
out placir.gthe power of that government in their hands. 
The high tory or British party, would annihilate the 
honest Canadians if they could find any pretext for doing 
it,and as the liberals of Upper Canada and their brethern 
of Lower Canada, have so completely fraternized in 
all matters of practical Legislation, that the tories have 
abandoned in dispair of ever again coming into power. 
As the last shift, the hue and cry has been raised iu 
favour of British Colonial protection to their manufac¬ 
turing interests, and a general confederate government 
embodying the five provinces, something after the style 
of the confederacy of the United States. The inhab¬ 
itants of New Fouhdland, New Brunswick,NovaScotia, 
Prince Edwards Island and Cape Breton, are nearly 
equally divided in political sentiments. The liberals 
are fast gaining the ascendency, and yet it is thought 
by uniting them with the Canadians, that the Lower 
Canadian Republicans will be powerless as a party. 

England is too tenacious of her own interests to al¬ 
low the colonists to enact a heavy protective tariff, thus 
virtually shutting their manufactures out of their own 
possessions. Already the Canadians have repealed 
their discriminating tariff', and now we turn around 
and ask permission to tax British manufactures from 
twenty to thirty per cent, in order that we may be¬ 
come a manufacturingas well as an agricultural people! 
The British government have spent too many millions 
of her treasure to retain those colonies, to allow them¬ 
selves to be placed in such a humiliating position. It 
wouldbe better that the colonies be given up to self 
government, than to suffer such disgrace at their hands. 
The whole scheme of protection, as well as the con¬ 
federacy, will turn out to be a bubble that will bust be¬ 
fore six months. The Upper and Lower provinces, or 
those that are situated on the Atlantic coast, and thow 







THE NEW CONSTITUTION. 


on the St. Lawrence, are so geographically located that 
nothing short of a chain of railroads that would cost 
some $50,000,000, would ever effect an amalgamation 
of interests by which a confederate government could 
be established upon principles that would be found sat¬ 
isfactory to the masses of the people. 

The agricultural and other resources of those prov¬ 
inces are not sufficiently rich and abundant to warrant 
such an expenditure, nor are the inhabitants sufficient¬ 
ly intelligent and enterprising to leave their plows, to 
turn their attention to the building of railroads, and the 
establishing of manufactures, if even such a course 
were .desirable. The plain, plodding system that has 
characterized the inhabitants of the lower Colonies, es¬ 
pecially, will have to be perpetuated so long as they re¬ 
main appendages of the British Crown. 

Even the liberals of Nova Scotia and New Brunswick 
have only imperfect notions of what really constitute 
civil and religious freedom. They are principally de¬ 
scendants of those of the old Colonists who attached 
themselves to the interests of Great Britain, during the 
memorable struggle for Independence, which resulted 
in the establishment of your great Republic. I regret, 
to say that they have never given evidence to the world 
that they either desire, or are worthy of the high and 
glorious appellation of North American freemen. When 
their brethren, the liberals of Upper and Lower Canada 
turned out in open arms, in 1837 to obtain their Consti¬ 
tutional rights from their proud and arbitrary transat¬ 
lantic masters, the so-called liberals of Nova Scotia and 
New Brunswick, in their legislative capacity, instead 
of exhibiting feelings of sympathy for the thousands of 
incarcerated and persecuted Canadians, who filled the 
Prisons to overflowing, and the rattling of whose chains 
ia the dungeons,brought forth the hearty sympathies of 
the Democracy of the bordering States, I say, whilst 
the prisons and the gallows were made the unhappy in¬ 
struments by which the Canadians atoned for the of¬ 
fence of taking high, and somewhat unconstitutional 
grounds against f helr Royal task masters, the liberals 
of NovaScotia and New Brunswick, on the floor of 
their Legislative Halls, condemned in the strongest 
terms the Rebellion, and offered the mother country 
every assistance to quell any further outbreaks! 

The great liberal leader of Nova Scotia, in 1841, 
made a journey through Canada, whilst the United 
Legislature was holding its first session; he-mixed free¬ 
ly with the leading politicians of both parties, travelled 
through the country and visited its principal cities, 
towns and villages, made himself acquainted with the 
agricultural resources of Canada West, and returned 
home by the way of New York, Connecticut and Mas¬ 
sachusetts. In pening an account of his journeyings 
through the United States, he made bold to confess that 
there was something radically wrong in the Colonies, 
and that he thought it probable that the day was not far 
distant when great changes would be effected ir. the po¬ 
litical condition of British America. Although he did 
not clearly express himself in favor of annexation, the 
reader could clearly understand that he was dissatisfied 
with the condition of the Colonists, and that he envied 
the prosperity and happiness of the American people. 

I have neither the time nor the disposition to further 
follow up this subject. It is one that .pains me as a 
friend and I trust consistent advocate of freedom and 
human progression, as I know too well the selfishness, 
ignorance and panderings that characterize the so-call¬ 
ed liberals of British America. There are honorable 
exceptions tothis rule, but I have watched their pro¬ 
gress whilst in power, and I have carefully scanned 
their conduct when in the minority, and I am bold to 
say that up to this time, they have never shown that 
they possess the ability or stamina to successfully gov¬ 


oo i 
.)0 I 


ern themselves upon the broad and liberal principles of 
Democracy, as understood and practised in the several 
States of the Union. 

An influence, however, is daily accomplishing that 
which no other agency could so speedily and effectual¬ 
ly bring about. Those Colonies have plunged them¬ 
selves, nationally and commercially, into debt, the in¬ 
terest and principal of which will have to be paid, and 
besides, the people are naturally opposed to high taxa¬ 
tion, which, as heavy creditors cannot be avoided. 

Taxation therefore must be the order of the day.— 
The officers and hangers on of the government have to 
be paid high salaries, and the interest of the national 
debt must be promptly met, whether the country is able 
to bear such burdens or not. Emigration which form¬ 
erly was a great source of wealth, and the hundreds of 
thousands that now cross the Atlantic to find a home 
in the new world, instead of settling in British America 
as they once were in the habit of doing, now seek an 
asylum in the United States. Instead of receiving a 
new and constantly increasing acquisition to our pres¬ 
ent sparce population, our young men and maidens are 
migrating by tens of thousands to Wisconsin, Iowa, 
Illinois, Michigan, Ohio and other new States of the 
Union, and hundreds of farms are for sale,and there are 
but few buyers in the market, simply because the great 
mass of the community are dissatisfied with their pres¬ 
ent political condition. They do not yet like to frankly 
own that they are politically dissatisfied, but yet they 
are frank to confess that there is a something which 
they cannot well explain, hanging over their destinies 
which cripples their energies, and hurries the talents 
of their young men, and which prevents general im¬ 
provement and the full development cf the resources 
of their country. In short, they say, that as colonists 
they never expect to attain mediocrity, but by becom¬ 
ing annexed to Republican America, they will havesome 
hope of attaining to the full stature of manhood,and be*H 
possession of the inestimable blessing of civil and re¬ 
ligious liberty, together with a cheap, simple, free and 
strong government. 

Our bone and sinews, and our bona fide wealth, are 
rapidly leaving us to fill up your vast western territo¬ 
ries; our best mechanics are leaving our towns and vil¬ 
lages to populate your western cities, and this draining 
process will doubtless be continued from year to year 
in an increased ratio, causing to some degree an in¬ 
crease of prosperity oil your side of the lakes, whilst 
on our side it leaves our towns and cities partially de¬ 
populated, it dispirits those that are left behind, 
and causes them to long with feelings that language 
cannot well depict, for the blessings they fancy would 
follow in quick succession, if their country could be 
made an appendage to the American Union. As colo¬ 
nists, we are doomed to be poor—our country has 
reached its maximum greatness, unless a radical change 
can be effected. Property, and every description of 
real estate, will increase in value very slowly, and it 
matters not whether whigs, radicals, or tories, are in 
power, the fact will stand unaltered and unchangeable, 
that the elements of our real greatness are not and 
cannot be developed so long as the people have no con¬ 
fidence in themselves. Happiness and general prosper¬ 
ity are two principles that are so closely blended to¬ 
gether, that I hold that the one cannot exist among an 
intelligent nation of freemen without the other; and 
after many years close observation of men and things, I 
am bold to declare that neither British America, nor 
the old Spanish provinces of Mexico, need ever expect 
to become happy and prosperous countries until they 
engraft on their systems of government the same en¬ 
lightened and liberal principles of State policy, as ara 
adopted by the several States of the Union. I also 






332 


THE NEW CONSTITUTION. 


firmly believe that so strong will this conviction be¬ 
come on the minds of the inhabitants of those coun¬ 
tries, that they will severally not only be anxious to 
become acquainted with the peculiar features of your 
States and General Government, but that in less than 
ten years they will b« knocking at the doors of Con¬ 
gress for admission into the Union. 

I have now brought this subject to a close If occa¬ 
sion should require it, I may at some future period re¬ 
sume my pen in favor of a measure, that on this side of 
the chain of lakes is daily becoming more and more 
pregnant with interest and importance. I have fur¬ 
nished your readers with a plain, unvarnished recital of 
the actual state of political parties in these colonies, and 
I have shown when and ly whom, and also the instru¬ 
ments by which, the important interest of annexation 
will be consummated. 

A BRITISH CANADIAN. 


From the St. Claresville Gazette. 

State Convention. 

Are the people aware of the fact, that the last Leg¬ 
islature passed a law for the purpose of testing whether 
we shall have a CONVENTION to amend the State 
Constitution, or not? This is an important question, 
and must be decided at the next election. Every one 
who intends to vote for a convention, should say so on 
his ballot. 

He who is in favor of giving the people power. 

He who would have all our public officers elected by 
ballot. 

He who would prevent an increase of State debt. 

He who would disarm Legislators of undue power. 

He who would have a cheap, safe and wise Judici¬ 
ary. 

He who is in favor of equal taxation. 

He who would rid us of the curse thatbefals Hamil¬ 
ton county, in her representation, by divided and un- 
constututional county lines, which lead to anarchy and 
revolution. 

He who desires republican progress, and equal rights; 
no retrogade course of laws, no political inequality, or 
abject slavery. 

He who is in favor of reform, retrenchment, a prop¬ 
er revenue, and equality of burdens, lopping off all un¬ 
necessary expenditures of money, extinguishing the 
public debt, punishing frauds, and preventing extrava¬ 
gance. 

He who would compel our rulers to act correctly and 
do justice, to vindicate an injured people in a conten¬ 
tion for their rights, which are often shamefully denied 
or traitorously withheld. 

He who would be taxed by the law-making power, 
and not by junto or irresponsible brood of stock gamb¬ 
lers—should 

Vote for a Convention. 

Democrats, are you ready for the question? Ye 
honest vvhigs of Ohio, dare ye not throw off party 
shackles, and act with freedom; and demand that polit¬ 
ical equality and justice, and right, shall be our proud 
prerogative? Did not our falhers'Win for us these in¬ 
estimable blessings, and stiall we heedlessly reject the 
heaven descended boon,—privileges that no other peo¬ 
ple can enjoy? Remember, that a government may, 
by unlimited powers, and where election is separated 
from representation, become a despotism. Every 
honest man wishes to pursue his occupation, and to en¬ 
joy the fruitsof his labors, and the produce of his prop¬ 
erty, in peace and safety, and with the least possible 
expense. When these things are accomplished, all the 
objects for which government ought to be established, 
are answered. 


Huron and Erie Counties. 

At a mass Convention of the Democratic party of 
Huron and Erie counties, held at Norwalk, on Satur¬ 
day the 15th instant, the following preamble and reso¬ 
lutions wereadopted : 

Whereas, The Constitution of this State was framed 
for a small population, and experience has shown that 
it is unsuited to the present condition of the State ; 
and whereas, the progress of public sentiment and the 
increased knowledge of the principles of government, 
demand a corresponding change in the fundamental 
law ; therefore, 

Resolved , That a Convention should be called to 
frame a new Constitution for the state of Ohio ; and 
that we recommend to all friends of constitutional re¬ 
form to encourage in every way the discussion of pro¬ 
posed amendments to the constitution,as the best means 
of ensuring the adoption of proper reforms. 

Resolved, That, among other matters necessary to se¬ 
cure good government and the rights of the people, 
a new Constitution should provide for the following : 

1. The cheap, prompt, and certain administration of 
justice. 

2. The adequate education of all the youth of the 
State. 

3. The Drohibiting of State debts beyond an amount 
to be specified by the new Constitution, except in the 
case of an actual invasion or for the payment of ex¬ 
isting debts. 

4. The prohibition of banking corporations except 
by the special consent of a majority of the people. 

5. The division of the State for representation in 
both branches of the legislature into single districts 
equal in number to the number of senators and repre¬ 
sentatives respectively, upon some fair and equitable 
plan, to be fixed upon by the Convention. 

6 The election of all State and County officers by 
the people. 

The New Constitution. 

It is now pretty certain that there is to be but little 
active opposition to calling a Convention to adopt a new 
Constitution, and if those in its favor do not neglect to 
vote, the measure will succeed. We regard it as of 
the highest importance to the welfare of the State, that 
the Convention be called and a Constitution adopted, 
the leading characteristic of which shall be restraint 
upon legislation. Ohio we consider now in a favora¬ 
ble condition to make an advance in government that 
shall make her a beacon light to her sister States. 

The new Constitution should prohibit the increase 
or the creation of State debt, except by a vote of the 
people. Such a provision would have saved the people 
the enormous taxes which they are now compelled to 
pay without receiving any corresponding benefit. Let 
us learn wisdom by experience. 

It should provide for the election of all officers by 
the people. If the people are capable of choosing a 
Governor or a President, they are at least equallvcapa- 
ble of electing a judge or a county clerk. To deny 
the right, or expediency in the one case, is to do it in 
the other. There is not a single argument that can be 
urged in favor of the election of any public servant by 
the people, that will not apply with equal force to the 
election of all. 

The abolition of all unnecessary forms in judiciary 
proceedings, and adequate provisions for the prompt ad¬ 
ministration of justice, by a system that can be com¬ 
prehended by all, and in which decisions shall be made 
to turn upon the merits of the case rather than tech¬ 
nicalities, is another point of great importance. 

We often hear it stated that the present Constitution 
is “good enough,” that “we have prospered under it,” 










THE NEW CONSTITUTION. 


333 


&c., and therefore it should not be changed. We an¬ 
swer this by pointing to the State debt. If the Legis¬ 
lature had been without the power to create that debt, 
except by the consent of the people, the corrupt sys¬ 
tem of log-rolling and profligate expenditure which 
produced it, would have been avoided, and the people 
of Ohio spared the enormous burthens under which 
they now labor, and for which they must continue for 
years to be taxed. [Sandusky Mirror. 

Fear of Innovation. 

Some ever look at constitutions with sanctimonious 
reverence, and deem them like the ark of the covenant, 
too sacred to be touched. [TTiowias Jefferson. 

At the presant time, Ohio presents many striking ex¬ 
amples of the truth of the above. Whilst all admit the 
necessity of a change in the present constitution, 
many are induced, through fear of innnovation to op¬ 
pose the remodeling of that instrument. To all such, 
we would acdress the following from the pen of the 
same immortal statesman and patriot, from which we 
have quoted tha foregoing: 

“It is not only the right, hut the duty of those now 
on the stage of action, to change the laws and con¬ 
stitutions of government to keep pace with the progress 
of knowledge, the light of science, amelioration ot the 
condition of society. Nothing is to be considered un¬ 
changeable but the alienable rights of man. Can one 
generation bind another, and all others, in succession? 
1 think not. The Creator has made the earth for the 
LIVING, not the DEAD." 

Such is the language of the revered Sage of Mouticel- 
lo, the great Apostle of Liberty. 

[ Guern. Jeffersonian. 


Taxation in Ireland. 


The following extract from a letter of an Irish farm¬ 
er to Lord John Russel, shows the oppressive system 
of taxation which the Irish farmer has to bear. This 
letter is from Wm. Leader, of Rasnalee, county o f 
Cork. Mr. L. is a landlord in fee, cultivating, with 
the aid of an experienced Scotch farmer, 240 arable 
Irish acres, exclusive of 40 acres of young wood. The 
ground is in the best condition, but the poor rates eat 
up all the profits. He says : 

“I have not derived one shilling of income from it 
for the last year, all being swallowed up in the follow¬ 
ing rates and taxes: 


Two county rates, 

Poor rates, made 27th Nov-, 1847, 
at 3s., 

Poor rates, made 18th March, 1848, 
at 6s., 

Poor rates, made 26th Sept., 1848, 
at 2s. 6d., 

Quit rent, 

Road rale of 2}£d per lb., 

Tithes, 

In all, 

Or, £1 Os. 19^d an acre< 


poor rate paid for a bolting mill on this land—a species 
of property free trade has rendered all but valueless ; 
and, if added, it would raise the rates to £1 5s 5J^d 
fn acre. Owing to the failure of the wheat crop, and 
the low prices of cattle, and every other agricultural 
commodity, I did not make this rent off my land, and 
I am now at a positive loss. Thus, my lord, you may 
perceive that it does not require an encumbered estate 
to ruin its owner in Ireland. A fee simple, unincum¬ 
bered, well cultivated one, as mine, without a pauper 
on it, can, under the present laws, effectually do it.” 


£39 

15 

10 

51 

9 

0 

102 

18 

0 

42 

17 

6 

2 

18 

9 

4 

11 

5 % 

6 

0 

0 

£250 10 6% 

included £45 


THE SINGLE DISTRICT SYSTEM. 


The Hamilton County Controversy. 

To the Editor of the Cincinnati Enquirer: 

The unfortunate controversy arising out of the Ap¬ 
portionment Law, has assumed a most prominent part 
in the politics of the State. The question as it arise* 
on the actual facts of the case, seems to me a very 
simple one, and yet not very well understood. The real 
difficulty has arisen from the fact that the passsions of 
parties, and not the reason of men, have been relied 
upon for its solution. 

The principal question generally argued is; whether 
or not the Legislature has the constitutional authority 
to apportion a Representative or Representatives to the 
population of any territorial district less than a county. 
This is a question well worth arguing. Very much 
may be, and has been, said on both sides of it. My 
conviction is very strong against the existence of any 
such authority. But however men may differ upon 
this point, it is not the real question involved in the 
Hamilton county controversy. 

A very slight examination of the terms of the law, 
will convince the people of this- The Legislature did 
not undertake to apportion any Representative or Rep¬ 
resentatives to a district less than a county. The At¬ 
torney General advised it, that it had the power to do so, 
but it never acted upon that opinion. So far from doing 
that, it apportioned to Hamiltion county, eutireand unde- 
vided, five Representatives and two Senators. For the 
purpose of election, it is true, it divides this apportion¬ 
ment district, the entire county, into two election dis¬ 
tricts, one consisting of the first eight wards of the 
city of Cincinnati, the other embracing all the rest of 
the city and county. It prescribes that two of the five 
Representatives and one of the two Senators, which it 
had previously apportioned to the whole county, should 
be elected by the voters in the First District alone, and 
that the other three Representatives and one Senator, 
also apportioned to the whole county, should be elected 
by the voters resident in the Second District alone. If 
the Legislature had apportioned to the first eight wards 
of Cincinnati, two Representatives and one Senator, and 
to the remaining wards and the rest of the county, 
three Representatives and one Senator, then the ques¬ 
tion would have properly arisen, whether in apportion¬ 
ing the members of the Legislature, it had the right, 
under the constitution, to divide a county. As it is, 
this question does not really arise in the case. 

The question which actually does arise, is this: Can 
the Legislature, after having apportioned to a county 
its proportional number of Senators and Representa- 
tiues, lawfully declare that the whole or any number 
of those Senators and Representatives shall be elected 
by any other constituency than the entire number of 
legal voters who compose the county? 

That questiou was decided by the last House of Rep¬ 
resentatives in the negative. Its judgment, I think, 
will be approved by the enlightened convictions of all 
candid persons. 

The Constitution, it will be observed, speaks only of 
apportioning. It authorizes the Legislature, every four 
years, to apportion Senators and Representatives, not to 
exceed thirty-six of the former and seventy-two of the 
latter, among the several counties, and there it stops. 
And when the Legislature has done this, all that the 
Constitution authorizes or allows, there it must stop too. 
The Constitution everywhere assumes thatall the Rep- 
to a particular county or coun- 
the legal voters resident in that 
district, and by none other. It takes for granted, as the 
natural and appropriate order of things, thatapporlion- 
ment districts are the election districts, and the 


; resentatives apportioned 
; ties, shall be elected 











THE NEW CONSTITUTION. 



only election districts. The present Apportionment 
Law itself, in every other instance, except that of Ham¬ 
ilton County, acts upon the same presumption, and 
even where more than one Representative is apportion¬ 
ed to any given district, does not think it necessary to 
prescribes an election district, nor to specify any thing 
about the mode of election. 

This is tacitly admitted by all, or nearly all, who 
have argued on the other side. They admit it by the 
very mode of their argument. They think all that is 
incumbent upon them to prove, is the constitutional 
power of the Legislature to divide a comity into appor¬ 
tionment districts. From this it follows, they think, 
without argument, that it has the power to divide it into 
election districts. The logic of the inference consists in 
the identity of apportionment and election districts. 
They take it for granted that the present law actually 
divides Hamilton County into apportionment districts, 
which is not true. The conclusiveness of what I say, 
appears beyond quection from the very nature of the 
Act of Apportionment. What is the nature of that 
act? What is it that the Legislature does, when it ap¬ 
portions the State for the members of the General As¬ 
sembly 1 Everybody will admit, on reflection, that it 
merely fixes the number of members of which the Gen¬ 
eral Assembly for four vears to come shall consist, and 
prescribes by what particular portion of the whole peo¬ 
ple of the State each number shall be elected. It de¬ 
clares that the Legislature shall consist of thirty, six Sen¬ 
ators and seventy-two Representatives, and that the 
legal votors of Cuyhoga County shall be entitled to 
elect and send one of these Representatives, and one of 
these Senators; and that those of Lorin shall be entitled 
to elect and send another Representative, and so on. 

This is what it does, when it apportions one Repre¬ 
sentative and one Senator to Cuyahoga county, and 
one Representative to Lorain county. Bv the yery 
terms, then, of the only possible definition, thatcan be 
given to the word “apportion,” it followsthat any terri¬ 
torial district to which any Representatives are appor¬ 
tioned, is also their election district, by the suffrages of 
whose legal voters, they are entitled to sit as members 
of the General Assembly. The apportionment district 
and the election district are one and the same—iden¬ 
tical—coincident—inseperable. If the term “appor¬ 
tion” does not mean this, then it does not mean any¬ 
thing at all. 

It is said, however, that the idea of apportionment is 
perfectly satisfied, if all of those who constitute the 
several election districts, into which an apportionment 
district is divided, just make up together that entire ap¬ 
portionment district. So far from perfectly satisfying 
it, it perfectly nullifies it. The creation of election 
districts is a new and different apportionment altogeth¬ 
er. Each election district is itself a new apportionment 
district. By apportioning five Representatives and two i 
Senators to Hamilton county, the law gives to that 
county—that is, to all the legal voters of the county 
taken collectively, considered as one electoral body—the 
right of electing that number of Senators and Repre¬ 
sentatives. By subsequently ordering that two of 
those Representatives and one'of these Senators shall 
be elected by but a part of the county, and the remain¬ 
ing Representatives and Senator by another part alone, 
it attempts something inconsistent with, and contradic¬ 
tory to its previous declaration The two cannot stand 
together. 

If it be asked which of these contradictory declara¬ 
tions shall stand, and which shall yield, I answer, 
that which is expressed in constitutional language 
should stand, and that which is inconsistent with it 
should yield. The Constitution uses the word “appor¬ 
tion,” and when the Legislature apportioned to Hamil¬ 


ton county five Representatives and two Senators, it 
enacted a constitutional provision in constitutional 
terms. Anything subsequent to it, and inconsistent 
with it, especially as we are told, that an apnarlionment 
once made, can never be altered. Every lawyer must 
admit the truth of this principle in the construction of 
statutes, as every man of sense will the validity of its 
present application. You must reject one or the other 
of the provisions. They are contradictory and cannot 
be construed together. If you reject the first, which 
apportions to Hamilton county five Representatives and 
two Senators, then there are no members to be elected 
from that county, and the provisions relative to election 
districts fails for want of a subject. The whole section 
thus fulls to the ground, the most populous county in 
the State is left without a representation, the General 
Assembly is deprived of its legal number of members, 
and in consequence there is no legal apportionment for 
any part of the State. If you reject the second pro¬ 
vision, relative to election districts, you have left a dis¬ 
tinct, clear, reasonable, efficient and constitutional pro¬ 
vision, giving to Hamilton county her proportional rep¬ 
resentation, in precisely the language authorized by the 
Constitution, and in which the representation of every 
other county in the State is described in the very same 
law. 

To maintain the consistency of these two provisions, 
it must be shown that the Legislature has the power to 
create districts for the election of the several mem¬ 
bers of the General Assembly, different from those to 
which they are apportioned. This I have already 
shown impossible and absurd from the very nature of 
the case. It is, however, broadly and unmistakeablv 
contended for. The admission of its truth involves con¬ 
sequences the most monsterous and absurd. It rests 
in the Legislature, the power of saying by whom the 
Representatives apportioned to any county may be 
elected. If it can provide that part of those apportion¬ 
ed to Hamilton County may be elected by a portion of 
the voters of the county, what is there to prevent its 
declaring that a portion of the voters may elect the 
whole number of Representatives? If it be said that 
each voter is entitled to vote for ai least one Represen¬ 
tative, still, bj this system of election districts, the 
choice of four of the five Representatives might have 
been given to a single ward or township of the coun¬ 
ty, or to any less division, while all the rest of the 
county might be limited to one. If this former be ad¬ 
mitted, it also follows that the Legislature may appor¬ 
tion to Hamilton County five Representatives and two 
Senators, and to Cuyahoga County, one Representa¬ 
tive and one Senator, and provide, in strict accordance 
with the Constitution, so interpreted, that the Senators 
and Representatives apportioned to Hamilton County 
shall be elected by the voting inhabitants of Cuyahoga 
county, and that those apportioned to the latter, shall be 
elected by the voters in the former. It might declare 
that the whole number of members, the thirty-six Sena- 
torsand seventy two Representatives, apportioned among 
the several counties, according to their enumerated pop¬ 
ulations, shall be elected by all the voters in the State 
as a single district, by general ticket. Probably this is 
what is meant by being in favor of single districts! 
Can a principle which legitimately admits such out¬ 
rageous conclusions, be otherwise than untrue and ab¬ 
surd? 

Those who argue, upon the other side, claim great 
credit as the exclusive friends of “law and order,” and 
denouce their opponents as subverters of the law, and 
enemies ol the peace and dignity of the State. In 
these times of the execrated triumph of French, Aus- 
| trian and Russian despots in Europe, who fight under 
! the same watchwords, I have no special ambition to be 






THE NEW CONSTITUTION. 


OOK 

ooO 


considered the friend of any other law than that founded 
upon eternal justice, nor of any order, except that based 
upon established liberty. It does not seem to occur to 
these gentlemen either, that usurpation may sometimes 
be nicknamed law, and that resistance to a statute 
may be necessary to vindicate the Constitution. In 
their eyes,it is a venial thing for a Senate and House 
of Representatives to violate that instrument, but for 
the latter to set aside the illegality is monstrous insur- 
bordination and anarchy. These canting gentry, how¬ 
ever, are not so much shocked when some wealthy 
land holder in Cincinnati resists thepajment of a pa¬ 
ving tax, levied by ordinance of Common Council, 
on the ground of its illegality, and appeals to the 
judicial tribunals to justify his treason to the law of the 
city. They then recognize the truth, that a peaceful 
resistance to any law on the ground of its invalidity, is 
the only means provided in our Government, by which 
the question can be decided and the remedy applied. 

It will be observed, however, that the claim which I 
defend, is a claim not in contempt of, but under the Ap¬ 
portionment Law. For the sake of the argument, it 
admits the law to be constitutional and valid. It is 
based upon an interpretation of that law, which seeks 
to uphold it, to make it consistent with itself, conforma¬ 
ble to the Constitution, all the previous legislation of 
the State and judicial precedents. The question is re¬ 
duced to one of the proper construction of a law, admit¬ 
ted to be valid and constitutional, and not of its consti¬ 
tutional existence. 

How is the question to be tried? There are some ig¬ 
norant enough to believe that it cannot be tried at all— 
who assert that an unconstitutional law is as valid and 
effective as one that is constitutional—and that there is 
no remedy for its injustice but its repeal. This is no 
remedy at all, for a repeal acts for the future, not the 
past. It does not atone for injuries already inflicted, 
but only prevents their repetition. 

It is a fundamental maxim of our law, that whenev¬ 
er there is a light, there, is a remedy. If every voter of 
Hamilton Ooonty has a constitutional right to vote for 
the whole number, of Senators and Representatives ap¬ 
portioned to that County, there must be some process 
and tribunal by which that right may be ascertained 
and vindicated. If those candidates for the General 
Assembly, who have received in that County a majori¬ 
ty of the whole number of votes cast by the legal vo¬ 
ters thereof for those offices are entitled to sit in the 
respective branches of that body, to which they claim 
to have been elected, there must be some process and 
tribunal by which this right may be declared and enfor¬ 
ced.. 

A necessary part of the process, by which any tribu¬ 
nal can be reached, is offering a vote for the whole num¬ 
ber of members in the first case; and in the second the 
reception by certain candidates of those, votes through¬ 
out the. county. Yet this is what is called setting the 
law atdefiance; asif a man’s rights could be practically 
called in question, until he offers to exercise them, and 
as if the assertion of those rights peaceably, through 
the appropriate channel, was treason to the State! 

Now I contend that the Constitution has provided 
plain and simple methods by which these rights, if they 
exist, may be definitely ascertained and settled. 

The right of the citizen to his vote, if rejected or not 
counted, may be vindicated in a civil suit for damages 
against the Judges of the elections, commenced in the 
Court of the county, with the privilege of a writ of er¬ 
ror to the Supreme Court. 

The right of the member elect to his seat, must be 
decided by the House to which he claims to have been 
elected, oil a cont^t properly brought before it. For 
his purpose, each House is made exclusive judge of 


the qualifications of its own members. It is admitted 
that in the determination of such controversies, it acts 
judicially'. It is in fact a special judicial tribunal, with 
plenary powers as such, and constitutes, in this class 
of cases, a part of the regular judicial department of 
the Governmentas much as the Supreme Court in Bank 
or the Senate in cases of impeachment. 

It is asserted by some, I know, who profess to be 
something more than mere pettifoggers, that neither 
branch of the Legislature has aright to decide anything 
but the mere fact, as to which of the parties has receiv¬ 
ed the highest number of legal votes, and cannot prop¬ 
erly pass upon the constitutionality of any law. 

This is mere nonsense. It may become necessary, 
inorder to decide the fact, as to the preponderance of 
legal votes, to decide previously the question as to the 
validity of some portion of the law under which the 
election was held. Indeed, in this very case, the only 
thing in dispute is, as to what constitutes a legal vote in 
Hamilton county, and this depends altogether upon the 
validity of that part of the Apportionment Law, which, 
it is claimed, divides the county into two election dis¬ 
tricts. 

It seems to be supposed by some, who ought to know 
better, that the Supreme Court of the State of Ohio is 
created a special and sole tribunal for the determination 
of all Constitutional questions. The Supreme Court, 
as such,has no more authority to decide such questions 
than I have. It has no authority for that purpose at 
all. It has that power, necessarily and accidentally, 
by virtue of being a judicial bodg, and has it to the same 
extent that all other judicial bodies have, and no far¬ 
ther. The pettiest magistrate in the State has the same 
power and to the same extent, and for the same rea¬ 
sons. 

It is the business of a Court of Justice, and of any 
man, or body of men, acting judicially, to decide the 
case in hand, by the application of the law to the facts. 
To do this, it must ascertain the facts by evidence, and 
determine the principles of law applicable to them.— 
If a particular statute, applicable to the case, is incon¬ 
sistent with itself, it must, if possible, put a judicial 
construction upon it and decide what was, in fact, ttye 
intention of the Legislature. If it is inconsistent with 
some other statute, upon the same subject, it must re¬ 
concile them by construction, or declare which is the 
law of the case. If it is inconsistent with the Consti¬ 
tution of the State, which is the fundamental law, par¬ 
amount to all others, and which it is sworn to support, 
it must declare the Constitution to be the law, and the 
statute, so far as it conflicts with it, no law. This 
power does not flow from any express authority con¬ 
ferred upon it to decide Constitutional questions, but 
merely from its character and duty as a judicial body, 
bound to ascertain and pronounce the verdict of the law 
upon the. admitted or proven facts. If in the case of 
contests in regard to its membership, either branch of 
the General Assembly cannot decide upon thevalidity 
or construction of any statute, under which either party 
claims, it i? because it has no right to decide any ques¬ 
tion of law in the case, and therefore has no judicial 
power. But nine out of ten of such cases are mixed 
questions of law and fact, in which it is absolutely ne¬ 
cessary to determine both the one and the other. If it 
has the right to determine any question of law, it must 
base its decision upon the same grounds and principles 
as any other Court of Justice, bound by the very char¬ 
acter of its existence, to ascend, if need be, to the very 
highest record of law known to the State—the Consti¬ 
tution. There can be no doubt, however, that each 
House has, in the cases of its own members, full judi¬ 
cial power, for it could not be said to be the exclusive 
judge of their qualifications as members, unless it had 
the power to decide for itself every question of law a* 









I 


336 


THE NEW CONSTITUTION. 


well as fact, where determination was involved in the 
question of membership. 

In the case as I have argued it, however, no ques¬ 
tion of the Constitutionality of the law necessarily ari¬ 
ses. It becames simply a question as to its proper con¬ 
struction. 

A new question will arise, next winter, as to who is 
the properly elected Senator from Hamilton County. 
This will be for the decision of the Senate. But its 
settlement ought to be governed by the same princi¬ 
ples, wnich I have urged with respect to Representa¬ 
tives. I am perfectly willing to admit the right of 
the Legislature to apportion one Senator to one part 
of Hamilton County, and another to the remainder. 
And those persons, respectively, who receive, under such 
an apportionment, the highest number of votes in each of 
the districts, to which they are severally appointed, are 
the Constitutionally elected members. But the Legis¬ 
lature cannot apportion a Senator to one district and de¬ 
clare that he shall be elested by another. It cannot ap¬ 
portion a Senator to Hamilton County and then provi¬ 
so that he shall be elected by Anderson Township or 
the first eight Wards of the City of Cincinnati. The 
provision for election is inconsistent with the Appor¬ 
tionment and must fall.—This is the case under the 
present Apportionment Law, 

Believing that these views will command the assent 
of the enlightened and reflecting portion of the commu¬ 
nity, 1 remain, 

Very truly, your friend, 

STANLEY MATTHEWS. 


Family Emigration to California. 

The success which has attended those of our fel¬ 
low-citizens who were in California at the time of 
the discovery of the golden resources of that distant 
country, is destined to draw not only Individuals, but 
whole families from their homes in New England to 
take up their abode upon the shores of the Pacific.— 
We have heard recently of several families who are 
preparing to remove thither. A letter was received 
in this city a few days ago from a Cape Cod captain 
who sailed from Boston some three or four years since, 
and who, since that time, has been engaged in trading 
between California and Oregon, requesting his own 
family, the family cf a brother, and also a sister re¬ 
cently married, to take passage as soon as the necessary 
arrangements can be made, and join him in California. 
We learn that his friends have concluded to go, and 
are now making the necessary arrangements. They 
are having a vessel built which will be ready for sea 
about the middle of October, at which time they ex¬ 
pect to start. The brother who is now in California is 
engaged mostly in navigation, owning the whole or 
part of several vessels trading upon the coast, and 
writes that he pays his captains four hundred dollars 
per month. The two brothers who intend to go out 
are both sea captains, and will doubtless find a ready 
demand for their services in California. The influence 
of this emigration by families upon the future charac¬ 
ter of the society in California, will be most salutary. 

[Boston Traveller. 


The San Francisco Rioters.— A letter from a San 
Francisco correspondent, published in the Baltimore 
Sun stated that the San Fracisco rioters who had been 
sentenced to imprisonment are to be brought to the Uni¬ 
ted States and confined in the penitentiary of the Dis¬ 
trict of Columbia. A nice question may arise as to the 
authority of the California courts to use the prisons of 
the District. At any rate, it is not a little curious that 
they should be obliged to seud 5’000 miles to find a jail 
f»r the punishment of their criminals. 


An Error claimed to be in the Joint Reso¬ 
lution for a Vote on the Convention 10 
amend the Constitution, which turns out 
to be no Error at all! 

The Ohio State Journal, in an editorial article inti¬ 
mates that the “Joint Resolution” which passed the 
Legislature last winter, authorizing the people of the 
state to vote for or against a Convention to amend the 
Constitution, contains a fatal error, the voters being 
authorized to vote for or against a Constitution, instead 
of a Convention to amend the Constitution. By refer¬ 
ence to the statutes, or to the Joint Resolution, as pub¬ 
lished by us in the first No. of The New Constitution, 
on page 11, and which is certified as correct by the Sec¬ 
retary of State, it will be seen that no such error exists 
Even if the error did exist, the remainder of the Reso¬ 
lution, and the Section of the Constitution quoted, so 
clearly shows the intention of the Legislature, that the 
error would be of no consequence. But there is 
no such error in the resolution, as it passed the Legis¬ 
lature—or as it was enrolled and signed—or as it was 
deposited in the office of the Secretary of State, and 
published with the laws. It is nearly identical in lan¬ 
guage with that passed in 1818, and under which the 
vote of 1819 was had. 

The New Constitution. 

We believe if the friends of a new Constitution in 
this county will but act and do their duly, we will give 
at least 1000 majority .—Hocking Co. Sentinel. 

Good for Hockingcounty! She talks right. A thou¬ 
sand majority in Hocking, fora new Constitution, will 
make quaking in certain quarters. Send them on 
greeting to the other counties. 

Remember ! 

That, by the peculiar wording of the Constitution, 
every vote not given in favor of a Convention to amend 
the Constitution will be deemed and taken as a vot* 
against it. 

Bear in Mind, 

That to vote for a Conuention to amend the Consti¬ 
tution, the words, “For a Convention,” must be 
printed, or written, on the head, or at the foot of the 
Ticket voted. 

Postage. —The poslage on this work is the same as 
on a newspaper. 

O’Back No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

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O’ All Post Masters are authorized to receive subs- 
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In advance. 

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are also requested to act as Agents dnd Correspondent* 


















Postage. —The postage on this work is the same as 
on a newspaper. 

HTBack No’s of this paper can be furnished to till 
persons subscribing soon for ‘The New Constitution.” 

The Correspondence between Secretary Clay¬ 
ton and the French Minister. 

We devote no inconsiderable portion of our paper 
to-day to the correspondence between Mr. Clayton, 
Secretary of State, and the French Minister, in rela¬ 
tion to the difficulties between the two countries. Al¬ 
though at the first blush it may be deemed out of place 
iu a publication of this kind, yet as we ^ave devoted 
no inconsiderable share of our work to the discussion of 
national affairs, a correspondence which may lead to a 
war with our “ancient ally,” cannot, we think, be 
deemed by our subscribers, unfit for publication in the 
New Constitution, where it can be preserved for future 
reference. 

Tight Breaking Forth! 

Within a few days, we have received evidence, that 
the new Constitution is gaining strength, and that if 
proper exertion be used on the day of the election, that 
the majority will be an overwhelming one. The party 
hacks who opposed the change, for fear of losing their 
offices, finding the people, irrespective of party, are de¬ 
termined to vote for a Convention, in alarm are begin¬ 
ning to protest that they were always in favor of it. 

See that every ticket has the words, “For a Conven¬ 
tion,” on it, and at the election next fall, or at the 
spring election thereafter, the people will by their votes 
accept the best Constitution of any State in the Union. 
Press on to victory ! 

Remember, 

That on Tuesday week, all who vote for members of 
the Legislature and for county officers, and do not vote 
“for a Convention,” to amend the Constitution, will 
have their votes counted against it. 

Remember, That if you decide against a new Con¬ 
stitution at the election on Tuesday week, that the 
present Constitution, with all its imperfections will re¬ 
main the law of the land for many years. 

Remember, Thatif a Convention be called and a new 
Constitution be framed, that it must be submitted to 
klie people for their acceptance or rejection before it be¬ 
comes the law of the land, so that iu no contingency 
can we fail of bettering the present. 

Remember these things as you deposit your ballot! 


The Convention in a Nut shell. 

The voters of Ohio, in favor of the Republican doc¬ 
trine of electing all officers by the people, will vote on 
Tuesday the 9th instant, “lor a Convention” to amend 
the present Constitution. 

Those who prefer that this power, which legitimate¬ 
ly belongs to the people, should continue to be vested 
in the Legislature, will vote against the Convention. 

The voters of Ohio, in favor of taking from the Le¬ 
gislature the power to increase the state debt, and with 
it, an increase of the taxes of the people, without their 
consent, will vote for a Convention. 

Those who think it right that the Legislature should 
continue to roll up a heavy state debt, until Ohio is 
driven to bankruptcy, and that the people who are 
taxed to pay the interest, should have no voice in 
checking Legislative squandering of the public money, 
will vote against a Convention. 

The voters of Ohio who wish to see the j udicial sys¬ 
tem of the State reformed, so that justice shall no longer 
be a heavy tax on the people, will vote for a Conven¬ 
tion. 

Those who believe that the present system, by which 
the tax-payer has to foot a heavy bill, iu the cost of 
courts, for the benefit of those who claim to be not pre¬ 
pared to go to trial, will vote against a Convention. 

Those who wish to put a stop to the disorganizing 
scenes of last winter, by which the legislative lialla 
were turned into a bear garden for conspirators against 
the public peace to exhibit their gladiatorial skill, will 
vote for a Convention to amend the Constitution. 

Those who wish to see the scenes of last winter re¬ 
enacted, and the State House, at the commencement of 
each session, filled with members intent on breaking 
down the law making power of the State Government, 
will vote nay on the question of calling a Convention. 

The friends of progress—of constitutional reform— 
of order and of law—the friends of our noble State 
and of her interests, will vote to give her a Constitution 
worthy of her high standing and of the progressive 
spirit ot the age. 

Those opposed to progress—those opposed to right 
being triumphant over wrong—those who wish the 
present dilapitated Constitution, with all its acknowl¬ 
edged errors, to continue the supreme law of the State, 
will so vote as to prevent its being changed. 

Voters of Ohio ! Remember these things, and rate 
accordingly. 















S3S 


THE NEW CONSTITUTION 


The Election Day. 

The election day, it has been well said, is the holi¬ 
day of freemen. On that day, the people resume the 
power of the government, and pass upon the deeds of 
those entrusted witli office, and upon the great princi¬ 
ples which are to govern and carried into practice It is 
a day, whicli should be set apart to be devoted to the 
country, and no man should see it arrive without being 
prepared, by careful communing with his neighbors 
and with his own mind, to exercise the elective fran¬ 
chise. 

If common elections are of so much importance, 
and none will gainsay what we have said, how much 
more so is the one approaching, when the voters of 
Ohio will be, called upon to say, whether the Constitu¬ 
tion of their state shall remain as it is, and as it has 
been for seven and forty years, or whether it shall be | 
pruned of its bad bad features, by the engraftment of, 
those principles upon it, which the experience of other 
states have shown to be wise and salutary. 

On Tuesday week, this power passes into the hands 
of the people. The Legislature of the state, by an 
overwhelming majority of the whole number of mem¬ 
bers elected, has said that the Constitution of the state 
needs revision, and they call upon the people by their 
votes to approve or disapprove of the calling of a Con¬ 
vention for this purpose. To effect it, a majority of 
all the votes cast for Representatives is necessary, and 
by the peculiar wording of the Constitution of the state, 
the} 7 whose names stand recorded on the poll book, and 
do not vote at all on this great question, are counted as 
voting against the change—as in favor of the present 
Constitution, imperfect as it is. 

The reforms urged by the friends of a new Constitu¬ 
tion are few r in number and simple in their provision, 
yet if adopted, they will be mighty in their effect.— ! 
They propose to take from the Legislature the election 
of all officers, Auditor, Secretary, and Treasurer of 
State—Commissioners of the Cauai Fund—Members 
*f the Board of Public Works, &c. and to vest their 
election in the hands of the people. From the Courts, 
in like manner, it is proposed to take ttie election of 
Clerk, and to elect that officer as the Sheriff, Auditor, 
and Treasurer of counties are elected. 

It is proposed to take from the Legislatuae the power 
to increase the State debt beyond its present large 
amount, unless first sanctioned by a vote of the peo¬ 
ple. 

It is proposed to place the school fund of the state on 
such a basis, that it can never be diverted from the 
great purpose of educating the masses, either by Le¬ 
gislation or by the officers of state, as has been done in 
times past, but to let it remain, as it was intended, as 
the fund of the people to be applied alone, and irrevo¬ 
cably to the education of the children of the state.— 
The Legislature to have the power to increase, but nev¬ 
er to diminish it; for upon an educated people, the safe¬ 
ty and perpetuity of our free institutions depend. 


It is proposed to take from the Legislature much of 
the local Legislation which now fills our volume of lo¬ 
cal laws, and to vest the power of chartering villages, 
towns, religious societies, and fire companies,—laying 
out roads, &c. &c. under a well defined general law, 
in the board of County Commissioners, township trus¬ 
tees, or the county courts, and thus save this great item 
of Legislative expense. 

It is proposed to reform the Judiciary of the state, s« 
a6 to secure the speedy and prompt administration of 
justice. 

These and similar reforms, are urged by the friends 
of a new Constitution. They have been tried in other 
states, and are found to have worked well—to be a vast 
saving of expense, and to secure the people in the bet¬ 
ter enjoyment of their rights. 

Those who vote a ticket, on Tuesday week, with the 
words “■For a Convention" to amend the State Consti¬ 
tution, upon it, will vote for a reform of the present 
Constitution,—they who vote not at all on this subject, 
or who vote against the calling of a Convention, will 
be understood, as being satisfied with the present Con¬ 
stitution, and in favor of the many abuses, which have 
grown up under its ill digested sections. 

If the people should decide, as we have every reason 
to believe they will, in favor of a new Constitution, 
then the Convention wili meetnext summer, and when 
that instrument is prepared, it will be published, and 
the people, at the next general Election thereafter, will 
have to vote whether its provisions suit them or not,— 
whether they will accept or reject it. If a majority 
vote to accept it, then it will immediately become the 
law of the land, but if not accepted by a majority of the 
votes of the people, then the present Constitution will 
remain until a new one be framed, suited to the wants 
and wishes of the people. We are thus particular on 
this point, lor the reason that the opponents of a change 
are falsely charging that whether the new Constitution 
be well or ill formed, it will pass into a law and govern 
the state, whether the people be willing or unwilling. 
This is not true. It never can, it never will be in 
force, until the people pass upon and accept it by tlreir 
votes, and of this fact, there can be no doubt. 

Bear in Mind I 

That every change advocated by the friends of Con¬ 
stitutional Reform, has been tried in pther states, and 
found to work well. No new experiments are propos¬ 
ed, but only such measures as have received the sanc¬ 
tion of the people in other states—which have been 
tried by experience and found salutary. With the 
lights of experience before them, the Convention in 
two weeks time can frame for Ohio a Constitution 
which will be the model one of the model Republic, 

and conduce to the interest and happiness of the peo¬ 
ple. 

Vote no ticket at the election on Tuesday week,’un¬ 
less the words “For a Convention,” be on it, for 
without them, your vote will he counted as against a 
new Constitution. 










THE NEW CONSTITUTION. 339 

Written for the New Constitution. 


Mr. Editor :—It must be obvious to any one intel¬ 
ligent on the subj -ct t f Common School Education, 
and of its important influence on individual and gener¬ 
al welfare, that the want of definite provisions in our 
present Constitution upon this important matter is a se¬ 
rious defect. There is in the third section of our “Bill 
of rights” embraced in the 8th article of the Constitu¬ 
tion a general declaration commendatory of the utility 
and necessity of Education in these words : “But reli¬ 
gion, morality and knowledge being necessary to good 
government and the happinersof mankind, schools and 
tho means of instruction shall forever be encouraged 
by legislative provision not inconsistent with the rights 
of conscience.” This clause as will be perceived pre¬ 
sents no system, and affords no fundamental rule upon 
which any definite legislative action can be based. I 1 
is, as it was intended to be, a mere expression of the. 
framers of our Constitution favorable to schools and 
necessary measures for their support. It imposes no 
obligation and submits the whole matter to the discre¬ 
tion of the Legislature. No other matter so paramount 
in importance, and so intimately connected with indi¬ 
vidual, social and govermental well-being has been so 
much neglected by the framers of our Constitution.— 
It need not be argued that a uniform, permanent and 
efficient system of Education cannot and will not be 
established unless the organic law definitely establishes 
the basis upon which the system must be founded.— 
The past history of our legislation, and that of other 
states, where lull and sufficient provision for Education 
lias not been made by the Constitntian is conclusive 
evidence upon this point. The past and present imper¬ 
fect condition of our common schools alike indicates 
the impropriety of submitting the essential principles 
of so important an interest to the uncertainties of le¬ 
gislation, and the necessity of guarding the matter ful¬ 
ly by Constitutional regulation. 

Our sister and young states of the west which have 
recently been introduced into our Confederacy have 
acted with commendable wisdom upon this subject, and 
have in their Constitutions laid the foundations for 
systen>6 of Education which will secure to their people 
incalculable advantage and glory. In view of the pre¬ 
sent prospect that the people of Ohio will soon he call¬ 
ed to form a new Constitution, it is advisable that the 
attention of all should be invited to a consideration of 
the importance of the subject of Education, and of the 
necessity of embodying in the Constitution that shall 
be formed full and sufficient provisions upon Ibis sub¬ 
ject. There are two or three points which ought to be 
specifically provided for. 

1st. An efficient superintendency. An officer is as 
much needed, whose exclusive duty should be to super¬ 
vise the schools, as one is needed for finances or any 
other distinct branch of our administration. Tile pro¬ 
priety or expediency of creating the office of superin- 
tendant ought not to depend upon the uncertain action 
of the legislature. The varient and injurious legisla¬ 
tion which lias occurred in our state upon this particu¬ 
lar point ought to teach us a salutary lesson. The ex¬ 
ample of other states, in which improved systems of 
common schools now exist, and in whose constitutions 
distinct provision has been made for a snperintendency 
ought to guide as to similar and right action. 

2d. A permanent fund ought to be secured for th 


support of schools, and one which should be inviola¬ 
ble. With us, by statutory regulation, there is now n 
permanent fund. As its permanency has once been 
unsettled, no one can tell when and why it may not again 
be changed. The present fund was not sufficient for 
our wants at the tim" it was created, and of course it is 
now much more inadequate than it. was thirteen years 
since. The permanent fund ought to be as the words 
import, secure from any diminution, and equally secure 
from being changed to any other purposes than that for 
which it was created. 

.‘Id The minimum of time in which schools should 
he taught annually in eacli district ought to be fixed. 
Such a regulation would give to every child of a suit¬ 
able age in the State a certain assurance of the means 
of education. Let me recommend to those who 
have the true glory of our State at heart, and who are 
anxious to secure for Ohio a Constitution which shall 
be alike the foundation and sure guardian of our integ¬ 
rity and prosperity, the superior importance of a sys¬ 
tem of common school education. 

VOX POPULI. 


The Election. 

From an anticle, under the above heed, in the Find¬ 
lay Courier, we copy the following: 

The next and most important question to be decided 
at the coming election, is whether the people of Ohio 
will have a new Constitution by which the State shall 
hereafter be governed; or whether they will continue 
in force the present old and insufficient one. We hope 
every voter in this county, has informed himself, and 
considered well this subject; and that they will go to 
the polls and cast their votes for the proposed new Con¬ 
stitution. 

Let every man favorable to the proposed change, re¬ 
member that it requires a majority of all the rates in the 
State to adopt the measure. The last and only hope of 
federalism is, that a majority of the people of Ohio will 
not vote at all en this question, and the measure will 
thus be defeated through the neglect and ignorance of 
some, and the designs of others. 

Let every man vote for the new Constitution ! 

If there is a full expression ol the people of Ohio, 
on the second Tuesday of October next, we have no 
fears of the result. Let every democrat, then, see that 
his neighbor is wide awake on the subject. It is the 
desire of the adv< cates of a new Constitution, that ev¬ 
ery democratic voter in the State shall vote in its fa¬ 
vor; which, with a respectable number of whig votes, 
if not alone, will ensure beyond a doubt its adoption, 
and defeat its opponents, who, by not voting on the 
question, flatter themselves with the hope of a rejec¬ 
tion of the proposed measure. Again, we sny, let ev¬ 
ery democrat vote in its favor. Do not think because 
the whigs are mum on the subject, and will not vote 
pro or con on the question, that there is no danger of 
its being defeated. There is danger; for every man 
who does not vote, makes one count against it It is 
by this means that whiggery will try to defeat the 
measure. By not voting themselves, and inducing 
others, by their inaction, to believe there is no neces¬ 
sity of voting, they hope to be able to make the vote in 
favor of it fall short of a majority of all the voters in 
the State. 

As the period is short, let every democrat devote his 
careful attention to the questions at issue, and be fully 
prepared to advance the interests and principles of his 
party,by a hearty support of the action of the demo¬ 
cratic members of the last Legislature, of the new 
Constitution, and a most signal tebuke to federalism in 
Ohio, and the Taylor whig administration at Washing¬ 
ton. 









34!) 


THE NEW CONSTITUTION. 


From the Washington Republic. 

OFFICIAL 

Correspondence which led to the termina¬ 
tion of the diplomatic relations of M. 
Poussin with the Government of the Uni¬ 
ted States. 

Translation of a note from the Minister Plenipotentiary 
of France. 

Legation of France in the United states, / 
Washington, February 7, 1849. ) 

Sir: The Minister of Foreign Affairs lias submitted 
to me a claim, brought by a Frenchman, established in 
Mexico mimed M. A. Port, for indemnification for 
damages sustained by him from the acts of certain 
ag nits of I he Army of the United States, in conse¬ 
quence of the sale of five hundred bales of tobacco, 
which had been adjudged him. A court of equity, as¬ 
sembled at Puebla, has already pronounced upon this 
affair, and the decision of this court has been approved 
and considered as definitive by General Scott. Gen¬ 
eral Sutler, who succeeded the latter in the command, 
did not, however, wish to deprive Mr. Port of the fac¬ 
ulty of appealing to a higher authority, and he gave or¬ 
ders to Colonel Childs, the Commandant of the city of 
Puebla, to lay all the circumstances of this claim im¬ 
mediately before the Secretary of War of the United 
States. 

From what has been said above, it appears that the 
Government of the United States has already taken 
up the matter, which I am charged to prosecute 
here. T pray you, sir, to do me the favor to inform me 
what issue your Government intends to give to the 
claim of Mr. Port. 

I embrace this occasion to assure you,sir, of my high 
consideration. 

GUILLAUME TELL POUSSIN. 

To the Hon. J. Buchanan, Secretary of State. 


Note from M. Pous'in to the Secretary of State. 

Washington, March 2d, 1849. 

M. Poussin presents his compliments to Mr. Clayton, 
and would be happy to know of a favorable decision on 
M. J. A. Port’s claims submitted to the honorable the 
Secretary on Saturday the 17th. 

M J. A. Port is waiting anxiously for the issue of 
his just claim previous to leaving for Puebla, in Mexi¬ 
co, where he is established. 

Note from M. Poussin to Mr. Clayton. 

Washington, March 28,1849. 

The undersigned presents his compliments to Mr. 
Clayton, and respectfully begs to be informed whether 
as it was promised, Mr. Port’s claim is under his consid¬ 
eration: tins gentleman's presence at Washington, to 
the great disadvantage of his business at Mexico, being 
entirely depending upon the issue of his claim. 

The undersigned avails himself of this opportunity 
to renew to Mr. Clayton the expression of his high con¬ 
sideration. 

GUILLAUME TELL POUSSIN. 

Hon. J. M. Clayton. 


Letter f rom Mr. Clayton, Secretary of State, to M. Pous¬ 
sin. 

Department of State,? 

March 28,1849. £ 

Sir: I have to acknowledge the receipt of your note 
of the 7th ultimo, upon the subject of the claim of Mr. 
A. Port, a French citizen domiciled in Mexico, arising 
from his having been deprived, by orders of the United 
States general in command at Puebla, of 500 bales of 
tobacco which he had purchased at a public sale under 
he authority of Colonel Childs, who previously com¬ 


manded at the same place. Your note having been re¬ 
ferred to the Secretary of War for information, I have 
the honor to communicate a copy of his reply, under 
date of the 1st instant, and of the documents by which 
it was accompanied. 

After a careful consideration of these papers, in con¬ 
nexion with those which accompanied your note, I 
have come to the conclusion that Mr. Port had no just 
cause to be dissatisfied with the award of the military 
court of inquiry which was convened at Puebla for the 
purpose of examining the conflictiug claims to the to¬ 
bacco in controversy. Under these circumstances, no 
sufficient reason is perceived for disturbing the decision 
of that court. 

I avail myself of this occasion to offer to yon renew¬ 
ed assurances ol my very distinguished consideration. 

JOHN M. CLAYTON. 

_ * 

Translation of a note from the Minister Plenipotentiary of 

France. 

Legation of France, ? 

Washington, March 30, 1849.$ 

To the Hon. J. M. Clayton, Secretary of State: 

Sir: I received on the 28th instant the letter with 
which you honored me, in answer to mine, requesting 
your attention to the demand of Mr. A. Port, a French 
citizen, residing in Mexico, in appeal from a decision, 
given at Puebla on the 20th of November, 1847, by a 
military court. The claimant does not now attack the 
whole effect of this decision; five hundred bales of to¬ 
bacco, which had been sold to him by the American 
authorities, have been taken from him by those same 
authorities. Mr. Port does not ask that these orders, 
long since executed, should be declared void; but as, in 
consequence of the annulment of the sale thus made 
to him, his interests have been really damaged; he claims 
a fair indemnification for his losses. 

In support of this claim, I shall present the follow¬ 
ing summary of the circumstances on which it is found¬ 
ed. 

On the 16th of October, 1847, Captain Webster caus¬ 
ed a notice to the following effect, to be posted up in the 
principal streets and squares of the city of Puebla: 
“NOTICE. 

“October 16, 1847.—On the 19th instant, at 3 o’clock 
in the afternoon, will be sold at auction,at the barracks 
of Ran Jose, 500 bales of tobacco.' 

Mr. Port appeared as a bidder; and the tobacco was 
assigned to him, as the purchaser offering the highest 
price. Mr. Port bought it at twenty-four dollars the 
bale; on the 27th of October he sold it to M. Abadie at 
thirty-three dollars; and on the 13th of November M. 
Abadie sold it to Musquiso, the agent of Messrs. Ga- 
mio&Co. Meanwhile Mr. Port received from Cap¬ 
tain Webster a letter, dated October 39th, in the follow¬ 
ing terms: 

“Sir: Be so kind as to suspend for a moment the sale 
of the tobacco which you purchased from me; you per¬ 
haps know that it is all claimed by M. Domercq.” 

Mr. Port was in fact not ignorant that M. Domercq 
had said that he was the owner of the tobacco oil the 
day before; but as he had already sold the merchandise, 
and considered himself entitled to regard the sale made 
to him by the American authorities good and valid, he 
answered as follows on the 31st of October: 

“To Captain Webster—Sir: I have the honor to an¬ 
swer your letterof the 30th instant; and I inform yon 
that I sold the five hundred bales of tobacco to M. Ab¬ 
adie on the 27th of this month.” 

It was not until the 29th of October that M. Domercq 
addressed his Haim to Brigadier General Lane; he es¬ 
tablished his title to the ownership of the tobacco; he 
proved that the tobacco had been sold to him on the 6thi 











THE NEW CONSTITUTION. 


341 


of June, by the orders of Major General Worth; and 
on the 20th of November a military court decreed that 
the merchandize should be restored to him, in despite of 
the contract afterwards made with Mr. Port. On the 
30th of November, an officer and eight soldiers of the 
American army, charged with effecting the restitution, 
broke open the doors of the store-house, where Mr. 
p ort had deposited the tobacco, and he was deprived of 
it. 

Mr. Port had in the interval resold the merchandise of 
which he was thus stripped, and had cleared $4,500 
nett upon the operation; for he bought at $12,001) and 
sold at $16,500 This sum was paid to him at Puebla 
on the 5th of November, 1847; and he was tiius to be 
forced to give it back, as the annulment of the sale 
which had been made to him involved the annulment 
of the sale which he himself had made; and he thereby 
lost $4,500, which after entering legiiimately and pos¬ 
itively into his possession, was to be taken from him 
by the act of the American authorities. This is notall 
M. Abdie, on his part, had realized a profit of $1,000 
on the tobacco, as he had sold for $17,5H0 what he 
bought at $16,500. This profit he lost in consequence 
of the annulment of the sale; and, availing himself of 
his remedy against the seller, he summoned M. Port to 
restore to him the sum of $1,000 which, added to the 
$4,500 already lost by M. Port, raised the entire loss of 
the latter to $5,500. This is the amount now claimed 
by M. Port. 

These facts speak clearly enough for themselves; too 
clearly to require any long observations upon them. 
What, then, are the objections made to them? 

Here, sir, I am led to examine the documents which 
accompanied your answer of the 28th instant. 

You there informed me, very briefly, and wtthout 
even indicating the reasons on which your decision 
rests, that, after comparing the documents sent to me 
with those which l had presented to you, you have been 
led to the conclusion that M. Port has no right to be 
dissatisfied with the decision given against him. 

What are these documents which, when compared 
with those furnished by M. Port, are in youropiuion 
calculated to invalidate our claim? Allow me sir, to 
examine, them in an order different from that in which 
you present them to me. 

I find, in the first place, a letter from Captain Web¬ 
ster to the Secretary of War, dated February 25, 1849; 
and, after attentively reading it, so far from findingany 
new facts, it only corroborates, in my judgement, the 
statements of M. Port. It is therefore not this letter 
which could have dictated your decision. 

I find, in the second place, two letters, dated the 7th 
of March, 1^48; one from Major General Butler to the 
Secretary of War, the othei from Mr. Lay to Col. Cliilds. 
The first letter informs the Government of the United 
States that Col. Childs has received orders to address 
directly to Washington a detail report of the affair of 
M. Port; the second letter contains this order, sent to 
Col. Childs by Mr. Lay, in the name of Major Genaral 
Butler. The order seemes to have been entirely for¬ 
gotten by Col. Childs. Without insisting upon this, 
however, I merely established here that these letters do 
not in any way affect the affirmations of M. Port. 

I will say the same of a voluminous paper contain¬ 
ing the details of the proceedings before a military 
court, assembled at Puebla on the 9th of May, 1848.' 
The descision of this court, which establishes the own¬ 
ership of M. Dornercq, is utterly foreign to our claim, 
as our claim is not against the right of M. Dornercq to 
the ownership of the tobacco, but it is simply a demand 
for indemnification for the losses sustained by M, Port, 
in consequence of the violent seizure of that property 
from him. 


I come at last, Mr. Secretary of State, to two docu¬ 
ments, the only ones which could have led you to relus- 
to admit the claim presented to you by me. These 
are two letters from Col. Ci.ilds to the Secretary of War 
the onedated February 23, 1848. the other February 23 
1849. These two letters agree well enough with each 
other; they both impute fraudulent manocuvers to M. 
Port, and accuse him of collusion with M. Wengierski, 
the secretary and interpreter of Col. Childs. 

This accusation, sir, is one of such a character that 
it should not be made on light grounds. If Col. Childs 
can furnish the proof of what he advances as a fact, he 
ought to do so. or rather, he should have done so on the 
day when he ventured to appear as an accuser. The 
very words of the deposition made by Col. Childs on 
the 19th of November, 1847, before the military court 
of Puebla, deserve to be here quoted : “The witness is 
4 of opinion,” says the deposition, “that. M. Port was in 
‘collusion with his secretary; that they had a criminal 
‘ understanding with each other, to speculate in the to- 
‘bacco, to the injury of the first purchaser, Dornercq. 
‘His reason for this opinion is, that so large a quantity 
‘of tobacco could not have been sold in Puebla without 
4 the fact being known to all the tobacco dealers. Col. 
‘ Childs’s secretary died a short time after the sale made 
‘ by the Quartermaster. Col. Chiles has every reason 
‘ to believe that his secretary was to receive two dollars 
‘ per bale from the last purchaser, M Port, and he has 
‘ been informed that one thousand dollars were due to 
‘the estate of Wengierski by M. Port, which he bad 
‘ not thought proper to collect before the termination 
‘ of the case at Puebla.” 

Now, what do we find in this evidence? Two alle¬ 
gations—1. That M. Port has been guilty of collusion 
with the secretary of Col. Childs. 2. That, in conse¬ 
quence of speculations made in concert with M. Wen¬ 
gierski, M. Port owes the latter person $1,000. 

In order to establish the fact of collusion Col. Childs 
reasons thus : The sale made to M. Dornercq was pub¬ 
lic, and it is, therefore, impossible that all the tobacco 
dealers at Puebla should not have been informed of it. 

To this reasoning I have five objections to offer:— 
1. M. Port is not a tobacco dealer. 2. M. Port was ab¬ 
sent from Puebla on the 20th of May, 1847, the day 
on which the sale of the tobacco was ordered by Major 
Gen. Worth; he «vas also absent on the 25th of May, 
when the sale was made by Capt. Allen to Mr. Har- 
gous; and he was moreover absent on the 12th of June, 
when the tobacco was sold and delivered to M. Dom- 
ereq. M. Port thus might well have been ignorant of 
the two sales made by order of Gen. Worth. 3. M. 
Port affirms that he never had any private relations 
with M. Wengierski, and no proof is brought against 
this affirmation. 4. M. Port, who returned to Puebla 
in the beginning of August, and who, since that time, 
rendered more than one service to the American army, 
quitted Puebla again on the 10th of September, 1847, 
and did not return until the 15th of October, 1847.— 
The sale of the tobacco was advertised on the 16th of 
October, the day after M. Port’s return, and he could, 
therefore, have had only a few hours to enter into any 
arrangements as to this sale with Col. Childs’ secretary. 
5. One of the documents which you, sir, sent to me 
on the 28th of March, the letter from Capt. Webster to 
the Secretary of War, dated February 25,1849, proves 
that Col. Childs’ secretary, M. Wengierski, addressed 
Capt. Webster, and declared to him that he would him¬ 
self purchase the tobacco at $22 the bale. M. Port 
bought it at $24; and there could, in consequence, have 
been no collusion between M. Port and Col. Childs* 
secretary, because they were both bidders, and the one 
overbid the other. It is not easy to discover what could 
have been the object of such a mancEuvre in the case 
in queslion. 












THE NEW CONSTITUTION. 


To Colonel Childs’ second allegation that M. Port 
owed <$ 1,01)0 to M. Wengierski.at the time of the death 
of the latter, I answer, iu M. Port's name, by a for¬ 
mal denial; and Col. Childs is summoned to demand 
that sum of [VI. Port, provided that he can establish the 
indebtedness of AI. Port to M. Wengierski. 

Such, Mr. Secretary, are, on the one hand, the alle¬ 
gations of Col. Childs, aud, on the other, the answers 
which we make to them. 

Allow me, sir, in concluding, to remark upon the 
strangeness of the position assumed by Col. Childs. The 
Legation of France cannot and will not make itself the 
echo of the reports, more or less well founded, which have 
been current with regard to Col. Childs’ conduct in 
this affair; nor will it press certain facts imputed 
against him, which it would be perhaps easier to prove 
than he could prove the charges brought by himself-— 
The Legation of France has no concern with these alle¬ 
gations, divested of proof, against the honor of a man 
whose good faith should not be questioned. It would 
however, be very easy at any time to get rid of a con¬ 
tract and to put down just claims, if nothing more were 
necessary for the purpose than to reply to the claimant 
bv insult and defamation. 

I venture, Mr. Secretary of State, to hope, while I 
pray you again to examine this case, that you will ob¬ 
tain from the Government of the United States a deter¬ 
mination more favorable than that which you have an¬ 
nounced in your letter of the 28th ol March, 1849. 

Accept, sir, I pray you, the. assurance of my very 
high consideration. 

GUILLAUME TELL POUSSIN. 

The Secretary of State to M. Poussin. 

Department of State ,) 
Washington, Apri 10 ’49,jj 

Sir: I have had the honor to receive your note of the 
30th ultimo, iu reply to that of the 28th addressed to 
you by this department, on the subject ot the claim of 
Mr. A. Port, a French citizen, against the Government 
of the United Slates. You are correct iu saying that I 
did not set forth at length the reasons which led me to 
the conclusion communicated in that note This, how¬ 
ever, must be imputed to no doubt on my part as to the 
adequacy of those reasons, but to a presumption that 
you would necessarily arrive at the same conclusion if 
you bestowed upon the documents a full examination. 
Iu the correctness of most of the facts stated in your 
breviale of the case, 1 entirely concur; but you meu- 
tiou one which 1 can now here find substantiated by the 
evidence, and to which it is important I should at the 
outset invite your attention. You observe, “Mr. Port 
was, in fact, not ignorant that Mr. Domercq had said 
that he was the owner of the tobacco the day before,” 
[29th October.] Not being able to find any proof of 
this statement, I must be allowed to acsribe it either to 
an oversight on your part, or a design toconvey an im¬ 
pression that Mr, Port was not aware that Mr. Domercq 
was the owner of the tobacco until ihat time No such 
impression is warranted by the testimony. On the 
trial of the case before the military court atPuebla, Mr. 
Domercq, at Mr. Port’s own request, was examined as 
a witness iu his behalf. The following is a material 
part of his examination. 

Question. Did I not, on several occasions, inform 
you that I intended to buy the tobacco? 

Answer. The first time I ever heard any thing on 
the subject was one day when Port called in my hear¬ 
ing on the son of the Spanish consul, and asked him if 
he did not wish to join him in the purchase of the to¬ 
bacco. The reply to which was No; for it is the prop¬ 
erty of a friend, and you will make yourself liable to a 
reclamation. Some day or two after, Port told witness 
he had purchased 500 bales of the tobacco, aud asked 
him if he did not wish to join him in the purchase; to 


which he replied in the negative, for he did not wish to 
buy his own property. Port answered, that made ho 
difference; that he could always interpose his claims. 

Now. it seems to me, sir, that this establishes in the 
most positive and irrefragable manner the fact that pri¬ 
or to the sale of the tobacco to him, under the authori¬ 
ty of the United States, Mr. Port was aware that the 
tobacco was private property, and that the sale was 
about to be made in ignorance of that fact. This tes¬ 
timony is confirmed by circumstances mentioned in the 
testimony of Colonel Childs in his examination before 
the same court. Sensible, apparently, of the impor¬ 
tance of showing that Mr. Port, when the tobacco was 
sold to him, did not know that the United States were 
without title to it; you endeavor to invalidate the testi¬ 
mony of Col. Childs, by asserting that Mr. Port could 
have had no knowledge of the previous sale of the to¬ 
bacco, because he was not in Puebla at the time of the 
sale to Mr. Hargous or to Mr. Domercq; that ho left 
that city on the 10th September, 1847, and did not re¬ 
turn until the 15th October, the day before the adver¬ 
tisement of the sale at which lie purchased. Suppo¬ 
sing these allegations to be true, (and I do question that 
you believe them,) it is strange that no proof of them 
was adduced before the military court at Puebla. Had 
this been done, it cannot be doubted that due weight 
would have been allowed to them. Inasmuch, howev¬ 
er, as they now rest on the statement of no witness, in 
considering the testimony I am under the necessity of 
rejecting them entirely.* 

You also deny the assertion of Colonel Childs that 
Mr. Port was a tobacco dealer. By this, you doubt¬ 
less intend to repel the presumption that he could not 
have taken such an interest in the transactions in that 
article at Puebla, as must necessarily have led to a 
knowledge of the previous sales of the tobacco. It 
may be that trading in tobacco was not Mr. Port’s sole 
business, but the very fact of his purchase and sale in 
this instance is a sufficient answer to the unqualified 
statement that he was not a tobacco dealer. 

If, therefore, the legal testimony only in the case as 
it stands be regarded, I must deem it incontestable that 
Mr. Port, at the time he made the purchase, was pri¬ 
vy to the fact that the tobacco was private property.— 
Now, it is presumed, that you would not claim on his 
behalf from the United States, more than the Mexican 
courts would have awarded to him, supposing that he 
had knowingly bought the property of an individual 1 
which the seller, also an individual, had sold without 
being aware of the true owner, and which property 
was subsequently restored to the true owuerby process 
of law. If I am correctly informed, the Mexican law' 
declares that in such a case the purchaser shall not 
only not recover damages of the seller, but shall not 
even be entitled to a return of the purchase money. 

These, sir, are the grounds for my Ojwnion that the 
military court at Puebla, in decreeing to Mr. Port it 
restitution of the money which he had paid for the to¬ 
bacco, with interest thereon, had rendered him subtain- 
tial justice, and that it was no part of their duty, nor is 
it now the duty of this government, to guarantee the 
speculations made by him in an article purchased un¬ 
der such circumstances. This opinion is not, in my 
judgment,shaken by the remarks contained in your note. 

I avail myself of this opportunity to renew to you, 
sir, the assurance of my high consideration, 

J. M. CLAYTON, 

To Wm. Tei.l Poussin, &c. 


* In fact, however, the sale did not take plaee until 
the 21st October, which afforded Mr. Port ample leisure 
to make such arrancrements and acquire such informa¬ 
tion as he might have deemed necessary for his inter¬ 
ests. 











THE NEW CONSTITUTION. 


343 


Ti anslation of a note from the Minister Plenipotentiary 
of France. 

Lecation or France, ) 
Washington, April—, 1849.^ 

To the Hon. John M. Clayton, Secretary: 

Sir: 1 received on the 1 Oth instant the letter 
which you did me the honor to address to me, in answer 
to one wherein I presented the principal reasons which 
should, in my opinion, induce you to admit the claim 
of M. A. Fort. 

You endeavor to establish in that letter that M. Port 
knew, at the moment when he became purchaser of 
the tobacco, that it was the property of M. Domercq, 
and not of the United States; then, that M. Port, so far 
from being entitled to reimbursement of the sums lost 
by him, in consequence of the annulment of the sale 
made by him to M. Abadie, did not even deserve to 
have restored to him the sums which he had paid into 
the hands of Quartermaster Webster, as the price of 
what he had bought from the United States. 

Permit me, Mr. Secretary of State, to observe to 
you that, in reasoning thus, you go, rather singularly, 
beyond the decision of the court martial held at Pue¬ 
bla on the 17th of November, 1847. 

This military court, which permitted Col. Childs to 
earrv out, whithout interruption, his string of calum¬ 
nies incredible, was certainly by no meaus over favor¬ 
able to M. Port, yet it refused to recognise in M. Port 
that bad faith which, in your opinion, might relieve the 
United States government from the charge of return¬ 
ing to this Frenchman the sums paid by him into the 
American coffers, and employed for the support of the 
army. 

It is among the evidence given before this court, 
which did not admit the charge of bad faith, that you 
seek for proofs of that bad faith. You cite with this 
object the questions addressed by M Port to M. Do¬ 
mercq, and the answers given by the latter. It would 
be oasy, Mr. Secretary of State, for me, by examining 
each word of Ibis portion of the inquiries, to establish 
beyond question that, so far from its being against us, 
it serves effectually to overthrow the allegations of Col. 
Childs; but I shall, limit myself to an account of the 
explanations given on this subject by M Domercq 
himself to the Legation of France, on the 12th of April 
1849. M. Domercq then declared : 

1. That, while in Puebla, he gave no notice whatso¬ 
ever, in a direct manner, to M. Port, before the day of 
the sale of the five hundred bales of tobacco. 

2. That, while at Puebla, he did not, except on the 
1 Oth of October, address to Col. Childs’ secretary his 
claims, which, from reasons that we do not and wish 
not to learn, remained without effect. 

3. That the conversation between M. Port, and the | 
son of the Spanish Consul,to which allusion was made j 
in thecourlof Puebla, may have related, not to the | 
five hundred bales of tobacco already bought by M. j 
Port, but to the other lots of the same tobacco, which j 
were afterwards to be sold at the same place. 

These declarations, sir, are in support of those of M. j 
Port, I do not, therefore, hesitate to believe that, tak- j 
ing into consideration the different proofs which favor j 
M. Port, and admitting, on the other hand, that a man ; 
should always be considered as acting in good faith un¬ 
til the contrary be proved, you will acknowledge the 
good faith of M. Port. 

I have yet, sir, to answer two objections which you j 
have made to the reasoning contained in my letter of 
the 30th. 

When I told you that M. Port, is not a tobacco deal- j 
er, I meant this in answer to the deposition of Col. j 
Childs, where he uses these words : “Witness is of ! 
‘ opinion that M. Port has rendered himself guilty of j 
‘ collusion with his secretary ; that they had a criminal 1 


‘ understanding with each other, to speculate in the to- 
‘ bacco, to the injury of the first purchaser, Domercq. 
1 His reason for this opinion is, that so large a quantity 
* of tobacco could not have been sold in Puebla without 
‘ the fact being known to all the tobacco dealers.” 

My reasoning was this ; A man not habitually en¬ 
gaged in the tobacco trade, but who entered into it 
once only when seduced by opportunity, may very fair¬ 
ly be supposed to be ignorant of the special operations 
of that business, which tobacco dealers alone are inter¬ 
ested in learning ; but, even if M. Port were a tobacco 
dealer, does it necessarily follow, as Col. Childs con¬ 
cludes, that he must have engaged in a criminal under¬ 
standing with M. Wengierski, and have rendered him¬ 
self guilty of collusion ? Really, sir, if there is in ail 
this an unqualified assertion, it is not mine, but that of 
Col. Childs, which you have not hesitated to endorse. 

Finally, Mr. Secretary of State, I said in my note of 
the 30th, that M. Port quitted Puebla on the lOth of 
September, and did not return until the 15th of Octo¬ 
ber 1847. You answer, that this assertion of mine is 
not supported by any evidence, and you therefore con¬ 
sider yourself justified in rejecting it entirely. I shall 
therefore annex to this lettersome documents, the mere 
reading of which should convince you of the reality 
of the statement made by me; and you will also see 
that the Legation of France, which would never con¬ 
sent to become the organ of a criminal accusation, with¬ 
out proofs, does not venture—without proofs—to ad¬ 
vance an assertion of a fact of the most innocent na¬ 
ture. 

Allow me to hope, Mr. Secretary of State, that this 
letter may be the last of a correspondence, which has 
been already too long, on an affair so clear. [The 
Government of the United States must be convinced 
that it is more honorable to acquit fairly a debt con¬ 
tracted during war, under the pressure of necessity, 
than to avoid its payment by endeavoring to brand the 
characttr of an honest man *] 

Accept. I pray you, sir, the assurance of my high 
consideration. 

GUILLAUME TELL POUSSIN. 


Documents accompanying the letter from the French Min¬ 
ister, of April —, 1849. 

No. 1. 

Headquarters of the Com’dt. General of the Free 
State of Puebla. 

Atlixico, Oct. 11, 1849. 

I, the Commandant General of Division, command¬ 
ing the State of Puebla, grant a safe conduct to the 
French citizen Alixis Port, who goes to Puebla on pri¬ 
vate business. I virtue thereof, the men under my 
command are forbidden to oppose his passage, or to in¬ 
terrupt or injure him in any way. 

JUAN ALVAREZ. 
Mexican Legation, ) 
Washington, April 18,1849 $ 

I certify that the above is the signature of the Com¬ 
mandant General of the State of Puebla. 

LUIS DE LA ROSA. 


No 2. 

Ati.ixco, May 30, 1S47. 
To M. Alexis Port, At the Mills of Chietla: 

To my Dear Friend: M. Santiago Loresa does me 
the favor to allow his son, Don Juanito, to go and assist 
you at the mill, whilst I am kept in bed. * * * 

I cannot be at the mill for eight days. Compliments 
to our friends, &c. FUENTES DE MARIA. 


*This passage embraced in brackets was subsequent¬ 
ly withdrawn by Mr. Poussin. 











THE NEW CONSTITUTION. 


341 


No. 3. 

Puebla, October 3, 1847. 
ToM. Alexis Port, at Atlixco. 

My Dear Sir: 1 nave just received a letter from A ba¬ 
the, in which I find encliteed another foryou, (address¬ 
ed to Puebla,) which I hasten to send you. 

****** 

I hope to see you on Tuesday or Wednesday next.— 
Meanwhile I send vou my compliments, &.c. 

Your friend, A. LATAPRE. 


No. 4. 

Chietla. October 12, 1847. 
To M. Alexis Port, at Atlixco. 

My Dear Friend: It is only from forgetfulnessthatl 
have not before answered your letter of the 1st of Sep¬ 
tember last, containing your accouut. On this subject 
I must observe to you. * * * 

Do not fail to write me all the news, which you may 
hear from certain sources. I am, &c. 

J. FUENTES DE MARIA. 

Mr. Clayton to M. Poussin. 

Department of State.? 

Washington, April 21, 1849.( 
Sir: On the afternoon of the 18th instant a commu¬ 
nication from you . dated Washington, April—,1849, 
(withoutslto'ving the day on which it was written,) 
was received at this office, relative to the claim of M. 
Port on the government of the United States; and, hav¬ 
ing just had occasion to address you a private note, I 
learn through the messenger who was despatched to 
deliver it that you haveTeen for the last two weeks 
absent from Washington, and that theperiod of your 
return hither from New York was quite uncertain. 

Under these circumstances, (after a purusal of your 
note which was laid before me this morning,) I lose 
not a moment in requesting you to repair to this city 
without unnecessary delay. 

I have the honor to be. very respectfully, sir, your 
obedient servant. J. M. CLAYTON. 

M. Wm. Tell Poussin, &c. 


Translation of a letter from the Minister Plenipotentiary 
of France. 

Legation of France in the United States.? 

Washington, May 12, 1849. ) 

Sir: I have just received from the Minister of Foreign 
Affairs a report which had been addressed to the Minis¬ 
ter of Marine by M. Lavallee, the acting consul of the 
Republic at Vera Cruz, from which it appears that Mr. 
Carpender, the commander of the American war-steam¬ 
er Iris, after hastening to the assistance of the French 
ship Eugenie, of Havre, which had struck on the bank 
ofRiso, near theuucorage of Anton Lizurdo, advanced 
claims wholly inadmissible on account of remuneration 
for his services; and, to secure their acquittal, he de¬ 
tained the Eugenie (a mis embargo sur l ’ Eugenie) for 
two or three days. In consequence of the energetic 
remonstrances of M. Lavallee, and the honorable inter¬ 
vention of the consul of the United States at Vera Cruz, 
Commander Carpender desisted from his pretensions.— 
The Minister of Foreign Affairs requests me to ad- 
dresss to the Cabinet of Washington the most serious 
observations on the abuse of authority committed by 
ibis officer, in illegally detaining the ship Eugenie. 

You will easily comprehend, Mr. Secretary of State, 
how important it is that such occurrences should not 
be repeated;and that severe olame, at least, should be I 
laid on those who thus considered themselves empow¬ 
ered to substitute arbitrary measures for justice; and I 
doubt not that you will, without delay, give satisfac¬ 
tion to the just complaints of the French Republic. 


I embrace this occasion, Mr. Secretary of State, to 
renew the assurance of my high consideration. 

GUILLAUME TELL POUSSIN. 

To the Hon. J. M Clayton, Secretary of State. 

The Secretary o/ State to M. Poussin. 

Department of State.? 
Washington, May 28, 1849.) 

Sir: I have received the note which you did ine the 
honor to address to me on the 12th instant, relative to 
the conduct of Commander Carpender, of the United 
States navy, who, it isalledged, after hastening to the 
assistance of the French ship, “Eugenie,” of Havre, 
which had struck on the bank of Riso, near the ancor- 
age of Anton Lizardo, advanced claims on account of 
remuneration for hisservices wholly inadmissible, and 
to secure the acquittal of which he detained the “Eu¬ 
genie” for two or three days; but in consequence of 
the remonstrances of M. Lavallee, the acting consul of 
France at Vera Cruz, and the intervention of the con¬ 
sul of the United States at that port, he desisted from 
his pretensions. 

The Secretary of the Navy, to whom a translation 
of your note was sent, has communicated to this De¬ 
partment Commander Carpender’s explanation of the 
circumstances attending his rescue of the“Eugenie,” a 
copy of which explanation I have the honor herewith 
to enclose to you; and trust that it willremoveany mis¬ 
apprehension which may exist on the part of the French 
Government relative to his conduct on the occasion in 
question. 

I have the honor to be, with distinguished consider¬ 
ation, your obedient servant, 

JOHN M. CLAYTON. 

Mr. William Tell Poussin, &.c. 


Translation of a vote fronthe Minister Plenipotentiary 
of France. 

Legation of France, ? 

Washington, May 30,1849. jj 

Sir: I received on the 28th of May the note which 
you did me the honor to address to me on the same day 
in answer to mine calling upon the Government of the 
United States to disavow the conduct of Commander 
Carpender, of the American war-steamer Iris, towards 
the French ship Eugenie, of Havre, which had run uj - 
on the bank of Riso, near the anchorage of Anton Liz¬ 
ardo. 

The explanations given by Commander Carpender 
are not of a nature, Mr. Secretary of State, such as to 
dispel the discontent which his proceedings have caused 
to my Government. He considered, as he says, and 
he still considers, that the case was one of salvage; 
that the rights acquired by him as the saver of the 
vessel saved, empowered him to keep possession of her 
until his extravagant pretensions were fully satisfied; 
but his opinions have little interest in our eyes when 
we have to condemn his conduct. 

I called on the cabinet of Washington, Mr. Secreta¬ 
ry of Slate, in the name of the French Government, to 
redress a severe reproof to that officer of the American 
navy, in order that the error which he has committed 
on a. point involving the dignity of your national ma¬ 
rine might not be repeated hereafter. 

From your answer, Mr. Secretary of State, I am un¬ 
fortunately induced to believe that your Government 
subscribes to the strange doctrines professed by Com¬ 
mander Carpender, of the war-steamer Iris; and 1 have 
only to protest, in the name of my Government, against 
those doctrines. 

I have the honor to be with distinguished consid¬ 
eration, your most obedient servant. 

GUILLAUME TELL POUSSIN. 

To the Hon. J. M. Clayton, Secretary of State. 













THE NEW CONSTITUTION. 


o a r 


The Secretary of State to M. Pousin. 

Df.partment of State, ) 
Washington, June 5, 1849. ^ 

Sm: The note which you addressed to me on the 30th 
ultimo, acknowledging the receipt of my letter to you 
of the 28th, transmitting Commander Carpender’s ex 
planation of the t ircuinstances attending his rescue of 
the French ship “Eugenie,” of Havre, was duly receiv¬ 
ed, and will be communicated, together with the rest 
of the correspondence between you and this department 
onjthe subject, to the Minister of the United btates in 
France, with instructions to submit to the considera¬ 
tion of the French Government. 

I have the honor to be, very respectfully, your obe¬ 
dient servant. 

J. M. CLAYTON. 

Mr. Wm. Tell Poussin, &c., 


The Secretary of Slate to the Minister of the United 
States at Paris. 

Department of State, ) 
Washington, June 5, 1849. \ 

Sir; Yon will receive with this despatch a copy of a 
correspondence that lias recently passed between this 
Department and M. Poussin, the tone of which, on the 
Minister’s part, is regarded as offensive to the Ameri¬ 
can Government, and cannot, it is presumed, meet the 
approbation of the Government of the republic which 
he represents. 

From these papers you will learn that, in October of 
last year. Commander Carpender, of the United States 
Navy, commanding the United States war-steamer 
“Iris,” had the good fortune to rescue the French 
barque “Eugenie,” of Havre, which had struck on the 
bank of Riso, near the anchorage of Anton Lizardo, on 
the coast of Mexico. Under the beiief that the case 
was one which justly entitled his officers and men to 
salvage, the commander caused the rescued vessel to be 
moored in safety near the “Iris,” until he could com¬ 
municate with the consignee, Senor Gomez, at Vera 
Cruz; but after waiting thirty hours, and receiving no 
answer from the consignee, he determined to deliver, 
and did deliver the barque over to the charge of her 
captain. In the opinion he entertained respecting 
the right to salvage, Commander Carpender was sup¬ 
ported by Mr. Clifford, our Minister in Mexico, and his 
whole conduct was approved by that Minister. 

On the 12lh ultimo M. Poussin, under instructions 
from his government, addressed a representation of this 
subject in a note to this Department, complaining, in 
strong terms, of what he considers to be arbitrary and 
illegal conduct on the part of the commander of the 
Iris; suggesting that that officer should be severely 
blamed, and asking that speedy satisfaction should be 
given to the just complaints of the French republic. 

The Department lost no time in placing in M. Pous¬ 
sin’s possession the explanations of Commander Car¬ 
pender, which had been obtained from the Navy Depart¬ 
ment; and in communicating them, the hope, was 
expressed that they would remove all misapprehension 
on the part of the French government in regard to the 
conduct of the American officer. Commander Carpen¬ 
der and his crew had actually saved the French barque 
and her crew from imminent peril, if not certain de¬ 
struction; and for this signal service Commander Car¬ 
pender has received, not merited thanks, but censure 
and indignant animadversion from the minister <1 the 
nation to which the vessel belongs. 

But M. Poussin himself was not satisfied with the 
explanations furnished, and without condescending to 
refer the matter to his government, and await their in¬ 
structions, he declared the explanations to be not of a 
nature calculated to dispel the discontent of his gov¬ 
ernment. Having also failed to bring upon Commander 


Carpender the severe reproof of this Government for as 
alleged error “committed,” as M.Poussin rashly asserts, 
“on a point involving the dignity of your [our] national 
marine,” the minister taunts the Government of the 
United States with subscribing to the erroneous “doc¬ 
trines” of the commander, against which doctrines he 
therefore proceeds to protest in the name of his Govern¬ 
ment. 

The attention of this Government would not, per¬ 
haps, have been so strongly attracted to the tone and 
temper of M. Poussin, exceptionable as they are, had 
not that minister, on a previous occasion, and that quite 
recently, made use of highly insulting language in a 
note he addressed to this Government under date of the 
18th April last, the offensive portions of which he was 
afterwards indulgently suffered to withdraw. In resolv¬ 
ing to overlook thismark of disrespect, the Department 
was guided by a sincere desire to omit nothing which 
would tend to promote the friendly and harmonious re¬ 
lations of the two governments. But at the same time 
not feeling disposed to countenance communications 
from any quarter which questions or impugn the honor 
and dignity of the American Government, the Presi¬ 
dent has deemed it proper to direct me to transmit to 
you the accompanying correspondence, which he wishes 
vou to transmit to the French Government. You will 
readily preceive that the language objected to, and the 
temper which M. Poussin has not been able to conceal, 
must necessarily tend to obstruct diplomatic intercourse, 
and are essentially calculated to embarrass rather than 
to promote a friendly discussion of questions that con¬ 
cern the honor and interests of the two republics. 

I am, sir, respectfully, your obedient servant, 

JOHN M. CLAYTON. 

Richard Rush, Esq., &c. 


The Attorney General to 3Tr. Clayton. 

Attorney General’s Office.! 

June 20, 1849. 

Sir: Incompliance with the request of your note of 
| the 11th instant, I proceed to give you a more formal 
opinion than 1 have heretofore done, upon the question 
some time since submitted to this office, in the case of 
the salvage claim, at one time made by Captain Car¬ 
pender, of the United States Steamer Iris, in behalf of 
himself, officers and crew, for saving the French ship 
| Eugenie, of Vera Cruz, whilst on the rock of El Riso, 
near the anchorage of Anton Lizardo, in 1848. 

I do not understand that it isuenied that the service 
i rendered entitled the parties rendering it to salvage, 
[except upon the ground that themselves and their ves- 
j sel constituted a portion of the naval marine of th* 
United States. Nor could such a denial have been 
made. The property saved was in the most imminent 
peril, and its destruction certain, but for the aid of Capt. 
Carpender and his men. It had every element of a 
salvage case, and, upon general principles, independent 
of the official character of the salvors, their title to such 
an allowance would have been perfectly clear. The 
single objection, then, to the claim was; and is, that 
they were a part of the naval marine of the United 
States. Is this a valid objection? I think not; and I 
propose to examine it briefly, first, upon authority, and 
second, upon principle. 

Unless there be, upon some ground of reciprocity, a 
different rule upon this subject, in relation to French 
vessels and property rescued from dan er, under cir¬ 
cumstances entitled to salvage, than exist in relation to 
American and other vessels and property, it will b# 
found, upon authority, to be a perfeutlyplain question. 

How is the law in England? Does there exist tiler# 
any distinction between salvage service rendered by a 
public and private vessel, or to a domestice and a for¬ 
eign vessel? There does not. This will be plain from 










346 


THE NEW CONSTITUTION. 


the citation of a few cases. First: That the service 
is rendered bya public vessel. In the case of the Gage, 
(6 Rob., 273,) civil and military salvage were both de¬ 
creed; and in the Lord Nelson, (1 Edwards, 79.) civil 
salvage; in each, the service being rendered by English 
men-of-war, and the property saved beingalso English. 
No objection was intimated, by the bar or bench, to 
the claim, because of the official character of the sal¬ 
vors—an omission utterly inconsistent wilh the exis¬ 
tence there of a distinction in such cases between pub¬ 
lic and private vessels rendering salvage service. Sec- 
end: Is the rule there a different one when the vessel 
and property saved are foreign, and not domestic?— 
Clearly not. 

In the ca=e of the Pensamento Feliz, (Edwards 115,) 
the vessel saved was Portuguese, and the claim actually 
made by the salvors was resisted, not upon that ground, 
or upon the ground of the public character of the sal¬ 
vors, but because the service was not of a military 
kind entitling to military salvage. In answer to this, 
Sir William Scott said : “Now, supposing it were clear 
‘ that there was really no salvage of war, the effect of 
‘ this objection would only be that I should put the 
‘ parties to the expense of a new proceeding in the In¬ 
stance Court. There is no doubt that a Court of Ad- 
‘ miralty has n general jurisdiction to reward services of 
' this nature, and that the party would recover by action in 
‘ the Instance Court.” 

He evidently considered the claim as perfectly clear, 
doubting only as to the character of the salvage to be I 
awarded ; that is, whether it should be military or civ¬ 
il. But the right to it, notwithstanding the salvors be¬ 
longed to the naval service of England, and the pro¬ 
perty’- saved was foreign, was esteemed too plain for 
question. 

I could multiply English cases, if I thought it ne¬ 
cessary. The objection, indeed, is nowhere, that I have 
been able to discover, suggested either in any English 
or American case, or by any English or American com¬ 
mentator. Nor is it necessary to cite but one Ameri¬ 
can case—The United States vs. the Amistad, 15 Pe¬ 
ters, 518 The facts, as far as this question is concern¬ 
ed, were these : The Amistad, a Spanish schooner, on 
the 27th June, 1839, cleared from Havana, in Cuba, 
for Puerto Principe, in the same island, having on 
board Capt. Ferrer, and Ruiz and Montez, Spanish 
subjects, and fifty-four negroes. During the voyage 
the negroes rose, killed the captain, and took posses¬ 
sion of the vessel. They spared the lives of Ruiz and 
Montez, on their engaging to aid in steering the schoo¬ 
ner for Africa, or to a place where negro slavery did 
not exist. The negroes were, however, in this deceiv¬ 
ed, and the vessel steered for the United States, where 
she arrived off Long Island on the 2Gth of August, 
and anchored within half a mile of the shore. In this 
condition she was discovered by the United States brig 
Washington, Lieutenant Gedney. With the assistance 
of h is officers and crew, he took possession of her and 
of the negroes, and brought them into the district of 
Connecticut, and there libelled vessel, cargo, and ne¬ 
groes for salvage. The Spanish owners of a part of 
the cargo filed their claim to it, and denied salvage.— 
The District Court decreed it to Lieut. Gedney, his 
officers and crew, to the amount of one third of the 
value of vessel and cargo, rejecting it for the negroes ; 
and the owners of the cargo appealed to the Circuit 
Court. That Court affirmed pro formo the decree, and 
the case was brought to the Supreme Court of the 
United States. There were many other questions, 
growing out of fa^ts which I have not stated, because 
they have no bearing upon the one I am considering. 
It will be seen that, as far as that question is involved, 
the case is directly in point. The property’ saved, ves¬ 
sel and cargo, were foreign, and the salvors a portion of 


the naval marine of the United States, on board of a 
public vessel of the United States. It was even strong¬ 
er in this, that there the United States themselves inter¬ 
vened, maintaining that it was their duty, tinder the 
treaty with Spain of the 27th October, 1795, as con¬ 
tinued iu 1819 and 1821, to have the property delivered 
entire to the Spanish owners, without any 7 abatement 
for salvage, or any other claim. The then Attorney 
General, Mr. Gilpin, concludes his opening argument 
by saying that “the court below has erred, because it 
‘ has not decreed any part of the property to be deliv- 
‘ ered entire,&c. From the vessel and cargo it has de- 
‘ ducted the salvage, diminishing them by that a- 
‘ mount.” But neither in the court above nor below 
was the title to salvage contested, except upon the 
ground of the supposed treaty obligation to restore 
Spanish property in the condition in which this was 
found- It was not pretended that any objection to it 
existed in the public character of the salvors or of 
their vessel. In giving the opinion of the Supreme 
Court, Mr. Justice Story says : “No question has been 
‘ here made as to the proprietary interests in the vessel 
‘ and cargo. It is admitted that they belong to Spanish 
‘ subjects, and that they ought to be restored. The on- 
‘ ly point on this head is, whether the restitution ought 
‘ to be on the payment of salvage or not.” —(.15 Peters, 
592.) And.after examining the other questions which 
the case presented, he concludes the point of salvage in 
these words ; “As to the claim of Lieutenant Gedney 
‘ for his salvage service, it is understood that the Uni- 
‘ ted States do not now desire to interpose any obsta- 
‘ cle to the allowance of it, if it is deemed reasonable 
‘ by the court. It was a highly meritorious and useful 
‘ service to the proprietors of the ship and cargo, and 
‘ such as, by the general principles of maritime law, is 
‘ always deemed a just foundation for salvage. The 
‘ rate allowed by the court (being, as stated, one-third 
1 the value) does not seem to us to have been beyond 
‘ the exercise of a sound discretion, under the very pe- 
‘ culiar and embarrassing sircumstances of the case ”— 
And the decree as to that was accordingly affirmed.— 
This must be heldto be conclusive upon the proposition. 
The point was distinctly made and distinctly decided. 
It is not, therefore, with us, an open question, nor, in¬ 
deed, upon the pretensions upon which I understand it 
to be resisted in the case of Captain Carpender, (the 
public character of the salvors,) was it, in England or 
the United States, ever doubted. In the case of the 
Amistad that character existed, as also the foreign own¬ 
ership of the saved property ; and it was in relation to 
service so rendered, to property so owned, that the 
court said that it was “such as by the general principles 
of maritime law is always deemed a just foundation for 
salvage.” 

The doctrine upon the subject is therefore obviously 
the same with us as in England, or to use the language 
of Story, in his addition of Abbot on Shipping, page 
379, No. 1, “the general principles as to the allowance 
of salvage are the same iu American as in English ju¬ 
risprudence.’’ 

The only point, therefore, that could possibly arise 
iu the present case is, whether we have a different rule 
in regard to the salvage of French property. I can 
find none stated or intimated any where. The rule I 
hold, then, to be. universal in the United States, that sal¬ 
vage service rendered by the naval marine of the Uui- 
ted States is to be compensated in like manner as that 
rendered by the private marine. 

And this brings me to inquire, secondly, How should 
the rule be upon principle? 

That the public policy of all nations should encour¬ 
age a service of this description is manifest. Safety of 
life and property demand it, and the experience of the 
commercial world recommends it to universal adoption . 









THE NEW CONSTITUTION. 


It is the end to be attained which entitles it to and se 
cures to it public favor, irrespective of the character of 
the means by which it is accomplished. The former 
addresses itself with persuasive influence to all. That 
end, as life and property are dear, is, if possible, to be 
secured, and all fair and lawful means to effect it are 
consequently to be encouraged. Why, then, is it that 
the officers of public armed vessels are not to have the 
same incentive to exertions necessary to the end with 
others? Are they under any other special obligation to 
do such deeds of kindness and humanity? The officer 
and the citizen are alike impelled to such service by 
general considerations of social duty. But the law has 
deemed it wise to add to the incentive of mere duty that 
of pecuniary reward. The service is often attended 
with great peril, and the experience of the world has 
proved that it should be stimulated by the prospect of 
pecuniary compensation. In the language of Sir Wil¬ 
liam Scott, in the case of Louisa Dodson, 318, “and, 
‘ though it is certainly the duty of the king’s ships to 
‘afford assistance to all his majesty’s subjects whom 

* they may meet with in distress, yet I do not know 

* that it is incumbent upon them, at the hazard perhaps 
‘ of their lives, and without any prospect of reward, to 
‘ to take charge of a ship in a sinking state. Any hes- 
‘ itation in affording assistance might be of dangerous 
‘consequence to the property of persons so circum- 
‘ staneed, and it is therefore proper, for the encourage- 
‘ meat of prompt and signal exertions on the part of 
‘ king’s officers and men, to hold out to them the pros- 
‘ pect of reward. ” 

The W'hole doctrine rests,in truth, upon an enlarged 
policy, and from its very nature must be irrespective 
of the private or public character of the salvors. In 
the words of Chief Justice Marshall, in the case of 
Mason ct al. vs. Ship Blaireau, 2 Crunch . 240, a French 
vessel, by-the-by, rescued from danger by the claim¬ 
ants of salvage, “the allowance of a very ample com¬ 
pensation for these services (one very much exceeding 
the mere risk encountered aud labor employed in assis¬ 
ting them) is intended as an inducement to render 
them, which it is for the public interests and for the 
general interests of humanity to hold forth to those 
who navigate the ocean.” 

If such considerations be well founded—and who 
can doubt it?—it might prove a perilous experiment 
for France to adopt the rule, and obtain its recognition 
by the other nations of the world, that no salvage shall 
be allowed those w T ho might rescue French life and 
property upon the ocean from impending destruction. 

There is, however, no such rule now existing, and 
I am therefore clear in the opinion that the case before 
me was one for salvage. 

I have the honor to be, &c., 

REVERDYJOHNSON. 

Hon. John' M. Clayton, Secretary of State. 

The Minister of the United States in France to the Sec¬ 
retary of State. 

Legation of the United States,) 
Paris, August 1.3, 1849. $ 

Sir: I acknowledged in my number 97, your num¬ 
ber 36, of the 5th of June, covering a copy of the cor¬ 
respondence (and documents belonging to it) between 
the Department and Mr. Poussin, French Minister at 
Washington, growing out of the claim to salvage by 
Commander Carpender, of the United States war stea¬ 
mer Iris, for rescuing the French bark “Eugenie,” 
when she had struck on the bank of Riso; and of an¬ 
other case, in which the Minister preferred a claim to 
indemnity on behalf of a French merchant, for an al¬ 
leged grievance suffered when our armv was in Mexico; 
the tone of which correspondence on the part of the 
French Minister was deemed offensive to our Govern¬ 
ment. 


c;4; 


My number 98informed you thatl hadsubmitted the 
correspondence to the French Government, with an 
explanatory note, dated the 7th of last mouth, a copy 
of which I transmitted. 

1 have now the honor to enclose a copy of the an¬ 
swer from the Minister of Foreign Affairs. It bears 
date the 9th instant, and was received yesterday. 

As your instructions of the 5th of June simply char¬ 
ged me to submit the correspondence to the French 
Government, I do not feel that I have any warrant to 
discuss the answer of the Minister of Foreign Affairs. 

My duty, as it seems to me, will be fulfilled by has¬ 
tening to enclose it to you for the President’s consider¬ 
ation 

This despatch will go by the British mail steamer 
that leaves Liverpool on Saturday, and a duplicate of it 
will follow by the American mail steamer Washing¬ 
ton, from Southampton, on Monday. 

I have the honor to remain, with great respect, your 
obedient servant, RICHARD RUSH. 

The Hon. John M. Clayton, Secretary of State. 


Mr. de Tocqueville to Mr. Rush. 

[Translation.] 

Paris, August 9, 1849. 

Sir: I have received with the letter which you did 
me the honor to write to me on the 7th of last month, 
the copy of the. correspondence which has taken place 
between the Secretary of State for Foreign Affairs of 
the United States and the Minister of France at Wash¬ 
ington, upon the subject of two claims, which the lat¬ 
ter had been charged to present to the Federal Govern¬ 
ment; one against the irregular detention of the French 
ship L’Eugenie, by Commodore Carpender, oft’ Vera 
Cruz; and the other for the purpose of asking for an 
indemnification in favor of M. Port, a French merch¬ 
ant, for the abrogation of the sale of a certain quantity 
of tobacco struck off to him by the commander of the 
American forces at Puebla. 

These two affairs having hitherto been discussed at 
Washington, where they are to be concluded, it is not 
my province to examine their merits. Besides, I am 
too certain of the integrity of the Government of the 
Union to doubt that it will ultimately acknowledge 
every claim founded in right; and, on its part, it cannot 
think that the French Government allows itself to be 
drawn, by the desire of protecting its subjects, to sup¬ 
port pretensions the justice of which has not been dem¬ 
onstrated to it. 

These sentiments of reciprocal confidence being of a 
nature to aver: and prevent, in the discussions of pri¬ 
vate interests, those susceptibilities and misunderstand¬ 
ings which cannot fait to complicate them, we have seen 
with as much astonishment as regret the turn wdiich 
the communications exchanged between ourenvoy and 
Mr. Clayton have taken. Even before I had received 
the letter which you have written me to call my atten¬ 
tion to them, M. Poussin had transmitted copies of them 
to me. I hod been painfully impressed to find in that 
correspondence a tone of acerbity and harshness very 
little conformable to the friendly relations between the 
two countries; but I ought to say, without entering in¬ 
to useless recriminations, without seeking for the side 
whence the first injuries proceeded, it had appeared to 
me that this observation was not alone applicable to the 
letters written by the Minister of France. 

M. Poussin, doubtless misconstruing some expres¬ 
sions in those which have been addressed to him by the 
Secretary of State, believed he saw in them a want of 
respect, for which he may have manifested his resent¬ 
ment with too much spirit; but if a passage of his let¬ 
ter of the — of April may have hurt Mr. Clayton, it 
seems to me that there is no longer any ground to take 
advantage of it against him after he has consented to 










343 


THE NEW CONSTITUTION. 


withdraw it; and he has given a pretty signal proof of 
his consiliatory spirit in abstaining from animadversion 
upon an expression in the answer addressed to him by 
that minister on the 21st of April, which, estimated with 
a certain degree of susceptibility, might have seemed 
to be iather an imperious summons than a diplomatic 
invitation. 

Furthermore, sir, it is not necessary for me to tell 
you that I entirely concur in the opinion which you 
express upon not deviating, in negotiations, from the 
observances and forms of a benevolent courtesy. 

I invite M. Poussin never to forget this rule in his 
intercourse with the Government of the United States, 
and I am sure that, if it be reciprocated, the observance 
of it will be rendered easy to him. 

Receive, sir, the assurance ol the high consideration 
with which 1 have the honor to be, your very humble 
and obedient servant. 

ALEXIS DE TOCQUEVILLE. 

The Secretary of State of the United States to the Minis¬ 
ter of Foreign Affairs of France . 

Department of State, 1 
Washington, Sept 8, 1849.$ 

M. Alexis de Tocqesville, 

Minister of Foreign Affairs 

of the French Republic. 

Sir: I have received a despatch from Mr. Rush, the 
American Minister in Paris, of the 13th of August, 
covering a note from you to him, dated the 9th of 
that month. Both have been submitted to the Presi¬ 
dent, with the correspondence to which they related.— 
As Mr. Rush is returning home, and Mr. Rives, who 
has been appointed to succeed him as Minister toFrance, 
has probably not yet arrived in Paris, I hasten to avail 
myself of the only means of communication between 
the governments were present,by addressingyou dirctly 
on the subject of your note. 

You acknowledge the receiptof the correspondence 
“which took place between the Secretary of States for 
Foreign Affairs of the United States and the Minister 
of France at Washington,” from which it must have 
been obvious to your mind that the latter had repeated¬ 
ly and gratuitously addressed communications to this 
government, highly offensive and discourteous, both 
in manner and in substance. 

That correspondence was submitted simply to enable 
your government to decide upon the proper course to 
be taken in regard to its own Minister. You appear 
to have considered the occasion as one which called 
upon you to construct an apology for that Minister, 
by indiscriminately censuring both parties to the cor¬ 
respondence. You were not invited to decide as an 
arbiter upon the mode in which the American govern¬ 
ment conducted that correspondence, which was not 
only courteous and respectful in terms, but entirely 
unexceptionable in spirits; and you could not have 
failed to observe that this Department had not, in any 
instance, descended to recrimination, whether useless or 
otherwise, with Mr. Poussin. 

Should the correspondence of any Minister of this 
Republic prove insulting to the friendly government of 
France, that government is too confident of our desire 
to maintain kind relations with it to doubt that the 
President of the United States would feel it to be a high 
duty to examine the complaint, and to render a prompt 
and proper atonement for the injury. But the issue 
presented in the correspondence of Mr Poussin cannot 
be evaded by any charge of recriminations. If that 
charge can be made with any shadow of truth, let it be 
separately presented, and it will be promptly and most 
respectfully considered. 

The PresiJent instructs me to say to your excellency 
that, as from the whole tone of youreommunication to 


Mr. Rush, which has struck him with much surprise, 
it would seem that the disrespectful language of 
the French Minister at Washington, has been received 
with indulgence, and held worthy of palliation by the 
distinguished Minister of Foreign Affairs ot France,' 
who has manifested no disposition to redress the wrong, 
he, as the Chief Magistrate of the United States, feels 
himself now at perfect liberty, and in fact constrained, 
with a view to preclude opportunities which might be 
again abused, to perform, without any further delay, 
an unpleasantdutv, from which he had hoped his friend¬ 
ly appeal to the French government, would have reliev¬ 
ed him. 

This Government is the guardian of its own honor, 
and, as on all occasions it seeks to avoid giving cause of 
offence, so will it never submitto intentional disrespect. 
By the time this letter reaches your excellency, Mr. 
Poussin will have been informed that no further corres¬ 
pondence will beheld with him by the Executive ot the 
United States, and that every proper facility will be 
offered him should he desire to return to France. 

The President further instructs me to express toyour 
Excellency the friendly sentiments ol himself and of 
this Government, and the people of France. He does 
not doubt that these kind sentiments are reciprocated 
by them, and be anticipates, with lively satisfaction, the 
arrival of Mr. Poussin’s successor, with whom it will 
be the study of this Government to cultivate agreeable 
and friendly intercourse, in the terms and the spirit of 
mutual courtesy, which will be equally honorable to 
both the sister Republics. 

In the mean time prompt and respectful attention 
will be given to any communications touching the in¬ 
terests of our respective countries which may be made 
through any other diplomatic agent whom the French 
Government may see fit to select. 

I avail myself of this opportunity to offer to your 
excellency the assurance of my most distinguished 
consideration. JOHN M. CLAYTON. 


Department of State, ) 
Washington, September 14, 1849. $ 

Sir: The President has devolved upon me the duty of 
announcing to you that the Government of the United 
States will hold no further correspondenc ewith you as 
the Minister of France; and that the necessity which 
has impelled him to take this step at the present mo¬ 
ment has been made known to your Government. In 
communication the President’s determination in regard 
to yourself personally, I avail myself of the occasion to 
add, that due attention will be cheerfully given to any 
communications from the Government of Fiance, af ¬ 
fecting the interests of our respective Republics, which 
may reach this Department through any other channel. 
Your own Government will be able to explain to you 
the reasons which have influenced the American Exe¬ 
cutive in delaying the present communication until this 
period. 

Tde President has instructed me further to say, that 
every proper facility for quitting the United States wil 1 
be promptly given,at any moment when you maybe 
pleased to signify that it is your desire to return to 
France. 

I am, sir, very respectfully, your most obedient 
servant, JOHN M. CLAYTON. 

Mr. Wm. Tell Poussin, &,c. 


Caving in. 

Brighter and brighter grows the prospect of a new 
Constitution. The anti reformers who have been stri- 
v ng all summer to get up a feeling against a new con¬ 
stitution, give evident signs of caving in. Let them 
ollapse, who cares, the work is already done for them. 








THE NEW CONSTITUTION. 


From the Findlay Democratic Courier. 
CoiistittEtioiiai Hfieform. 

The whigs when talked to relative to taking a vote 
to call a convention to frame a new Constitution for 
Ohio, very frequently ask, what measures are proposed 
to be adopted—what points in the present one need 
any alteration or amendment. They throw out a very 
sage suggestion, that a new Constitution will not prob¬ 
ably be any better than the old one ; and make a great 
many silly objections. We propose briefly to embody 
a list of the principal measures advocated by the friends 
of a new Constitution, which may answer the first set 
of questions they are wont to ask ; and also to show | 
that there is no foundation for the assertion that the 
new one will be no better than the old. As to the 
measures, we select the following from a contemporary 
writer : 

1. All qualifications of voters, except residences 
and sufficient age, ought to be abolished. 

All electors ought to be capable of holding any 


office in the state without any other qualifications than 
that they are electors. 


15. Devises of land by will, ought to bo abolished, 
and the descent and distribution thereof defined by 
law. 

1G. Specific quantities of land ought to be exempted 
from sales on execution ; and married females ought 
to have assured to them their property. 

17. The legal equality of married females with 
males ought to be recognized and established. 

18. The laws of this state ought to be reduced to a 
systematic code ; the process, pleading and practice of 
the courts simplified ; the distinction between law and 
equity jurisprudence abolished ; and the common law 
of England abrogated. 

I 19. Tlie judiciary ought to be remodeled by abol¬ 
ishing the Court of Common Pleas, and substituting 
in its place County Courts, with original jurisdiction in 
all cases above Justices of the Peace ; and for the set¬ 
tlement of estates of deceased persons, and the appoint¬ 
ment of guardians, there ought to be a separate Court 
I in each county, consisting of one Judge. 

) 20. There ought to be a District Court, consisting of 

I one Judge, with jurisdiction by cerliorari ; and writs 


3. Senators onght to be elected by large districts, and ? rr ° r * c ? u f rse ’ 1° brin S the J u t d S m f!»* of the Coun- 

. , . ° , . . . J ^ IV I -Olirta hiJW»ro him in onona in uiliinh f ha I .annlv 

the number increased to forty-eight. 

4. Every county ought to have one Representative 

and one additional Representative for a specific nnm- T ,» , e .... . . , , , , ,, 

her of persons in the county, say 20,000, in addition to Just,C ° alK of , a " t^istnc Judges to be held once a 
the first 20,000 ; and should be elected entirely by sin- >' e;ir at Columbus, with jurisdiction by way of writ of 

. 7 _ J prrnr nn v In hn n nurm I»\r tha l nuf ncfmn in 


ty Courts before him, in cases in which the County 
Courts have original jurisdiction. 

21. The Supreme Court ought to consist of a Chief 


gle districts, of one Representative each. 

5. Contested elections of Senators and Representa¬ 
tives ought to be decided by the courts, before the 
members take their seats. 

6. The appointing power ought to be entirely taken 
away from the Legislature. 

7. All officers, Legislative, Executive, and Judicial, 
except subordinate clerks, ought to be elected directly 
by the electors. 

8. The Legislature ought not to meet in session oft- 
enerthan every second year ; the session should com¬ 
mence on the first Monday of January, and the length 
of the session ought to be limited. 

9. After the compensation of any officer is once as¬ 
certained, the Legislature ought to have no power to 
reduce it. The compensation of Executive and Judi¬ 
cial' officers ought to be increased, and fixed by the 
constitution. For county officers, fees ought to bo a- 
holished,and annual compensation substituted. 

10. The Legislature ought to be prohibited from pas¬ 
sing special acts of incorporation. So far as associa¬ 
tions of persons are convenient, they ought to exist 
under general laws. Such laws ought not to be per¬ 
mitted to be construed to be contracts, to any greater 
degree than any other law, and should at all times be 
open to alteration, amendment, or repeal. The only 
effect of acts of incorporation should be, to associate 
persons under a common name,and to aggregate capit¬ 
al or means, and should confer no powers or privileges 
which a natural person, of equal means, does not en¬ 
joy or possess. 

11. The Legislature ought to be forbidden to make 
the state a stockholder, with individuals and private 
companies ; the objeets, and the extent to which the 
state may be indebted, ought to be declared. 

12. The imposition of taxes should be required to be 
at the same uniform rate upon the valuation of proper¬ 
ty within the jurisdiction within which such taxes are 
levied. 

13. Offences against the good reputation of persons, 
and offences against female chastity committed under 
promise of marriage, ought to be punished by impris¬ 
onment, and the party injured ought not to be entitled 
to compensation in money. 

14. All punishment by fine ought to be abolished, as 
being unequal and inadequate. 


error only, to be allowed by the Chief Justice, in cases 
J in which the County Courts had original jurisdiction, 
and in which the District Courts overruled the judg¬ 
ment of the County Court. 

22. In civil suits juries ought only' to he had in cases 
in which either party demanded one, or in which the 
Courts should order one. 

23. Power of legislation ought to be conferred upon 
County Commissioners, and their number, by some 
just ratio, increased. 

A new constitution can never be adopted in Ohio, 
unless it is a thousand times better than the present 
one. The present one was adopted by a set of men 
who represented but a small portion of what is tho 
State of Ohio now. It was never left to a vote of the 
people. The people of Ohio never sanctioned or adopt¬ 
ed it by their votes, or in any other way, save by a si¬ 
lent acquiescence. It became a state constitution by 
a kind of common consent. It was what might be 
called still-born ; was never baptised by the voice and 
action of the people ; and although some fifty years 
of age, has never exhibited much sign of vitality or 
usefulness ; and is already in an imbecile old age. 

If we get a new constitution, it will be framed by a 
set of delegates elected by the people—taken from a- 
mong the people—and consequently' knowing their 
wishes. After it is thus thrown together, or framed, 
it will then be laid before the people to be voted upon ; 
and wiil not be adopted unless the people are satisfied 
with it. If they conceive any of the provisions to be 
erroneous, they will reject them. Thev will not be 
satisfied unless the new constitution is just such an one 
as the State of Ohio requires. Hence it is impossible 
that a new constitution should be no better than tlte 
present one. 

We wish that every voter in Ohio, may consider tills 
subject, and act as judgment and conscience may dic¬ 
tate. It is a subject that concerns and should interest 
both democrats and whigs. It is not merely a party 
measure. There is not an honest, intelligent whig in 
Ohio, who will paetend to say that constitutional re¬ 
form is not absolutely required ; and who will not 
serve the interest of his state, by his aid in bringing 
government to a corresponding perfection with tha 
present enlightened age. 






350 


THE NEW CONSTITUTION. 


From the Wayne County Democrat. 

The New Constitution. 

We wish to call the attention of our readers again to 
the importance of being prepared to vote on this mea¬ 
sure. For several years efforts have been made by the 
democrats, both in and out of the Legislature, to get 
this question submitted to a vote of the people, but 
without success until last winter 

A distrust of the honesty and capac ty of the great 
mass of the people for self-government, is one of the 
old and long cherished principles of the whig or federal 
party; and it is the real cause of all their opposition to 
a Convention—and although from fear of the conse¬ 
quence to their party, of long resisting what they knew 
to be the popular will, they were compelled to vote for 
the resolution passed by the last General Assembly. 
Still there is no doubt but their leaders will use all se¬ 
cret means to prevent a majority vote in its favor; 
therefore, let the friends of a new Constitution remem¬ 
ber that every ballot voted blank, as regards a Conven¬ 
tion, that is, having no words on it, either for or 
against, is as positively AGAINST A CONVEN¬ 
TION, as if these words were written or printed 
thereon. 

Amongst other wholesome and necessary reforms, 
the following seem to be very generally, and we think, 
correctly demanded: 

1st. The election of all officers, judicial, State, coun¬ 
ty, or township, by a direct vote, of the people. We 
hold that the people are as competent to select suitable 
persons for an Auditor or Treasurer of State, or Judg¬ 
es of the Supreme Court, as they are a person for Gov¬ 
ernor; that they are much better qualified to choose 
suitable persons for president and associate judges of 
county courts, than the Legislature can be. 

2J. Biennial sessions of the Legislature. Too much 
legislation has been the bane of our State—fewer ses¬ 
sions of the Legislature, would be to some extent, at 
least, an antidote. Laws are passed at one session and 
at tiie next altered, amended, or repealed; and this be¬ 
fore the people have but little knowledge of their pro¬ 
visions. Our school laws are a sad illustration of this. 
Where is the school officer whose duty it is to execute 
these laws, that can say he understands what their 
provisions really are? We think there are but few. 

3d. The prohibition of State debts beyond a certain 
specific amount, without a direct vote of the people. 

4th. The prohibition of banking companies without 
the like consent of the people. It is claimed by the 
friends of these institutions that they are created and 
maintained expressly for the purpose of furnishing a 
safe, cheap, and convenient currency for the people. If 
so, the people are the proper judges of their necessity 
and the quantity of currency they shall furnish. 

5th. Reform of our judiciary system. On this sub¬ 
ject, the following from the Cadiz Sentinel, is to the 
point: “The Constitution requires the Supreme Court 
to be held once every year in each county, limits the 
judges to four, and makes two a quorum. After a tour 
over the State is performed, they are then compelled to 
meet in Columbus and hold a session to review decis¬ 
ions made, and dispose of cases revived while on the 
circuit. A Supreme Court thus organized was suited 
to a new and thinly peopled State, and to that only. 
Litigation has had a corresponding increase with the 
population and business of our State, and four men, no 
matter how great their ability and legal learning, can¬ 
not do justice to the thousands of cases now annually 
brought before them. The important questions in re- 
ga'd to the rights of property, liberty, and life, arising 
among two millions of people, instead of being patient¬ 
ly examined, fully investigated, and fairly decided, are 
hurried through with a reckless, inattentive haste, and 


a remorseless indifference that strikes all honest suiters 
with dismay. When the four judges meet in Colum¬ 
bus to give judgment as a court of last resort, and set¬ 
tle the law in doubtful cases, the same hurry and neg¬ 
ligence mark their proceedings. Thus the law and the 
legal rights of men are continually changed by that 
tribunal which was erected for the purpose of making 
them permanent and uniform.” 

We hope the friends of reform will not suffer, by 
carelessness or inattention, this opportunity to pass by 
without obtaining a new Constitution. 

We have no doubt that a large majority of the people 
of the State are in favor of it; and the only danger to 
be apprehended is, that many will be made to believe 
that if they vote neither for nor against a Convention, 
it will make no difference on the result—that such bal¬ 
lots will not be counted on that question at all; this is 
a mistake. Let it be borne in mind, that every such 

VOTE COUNTS ONE IN OPPOSITION TO THE MEASURE. 

Written for the New Constitution. 

Mr. Editor: The time is too near at hand for lengthy 
arguments in favor of a new Constitution. It only re¬ 
mains to state some of the amendments required. 

Some of an important character were stated in a for¬ 
mer number of “Junius, Jr ” A few more specifica¬ 
tions will now be attempted. 

1st. We need a restriction against excessive legisla¬ 
tion. What does a Representative from Hamilton 
county know of the local wantsof Seneca county? Or 
what right has the Jew to judge of the specific morals 
proper fora Methodist to practice 7 Or what does a city 
dandy know of the necessities, in food and raiment, of 
the country farmer? 

All this local and moral legislation, further than to 
general principles, is wrong, all wrong. A repeal of 
nine-tenths of our present cumberous, contradictory 
and blundering statutes, and the enactment of a few 
plain, practical laws, reaching to general matters, and 
especially all real crimes, such as are wrongs of them¬ 
selves, and not merely so by the force of education in 
a particular school or society, is what we need. A re¬ 
peal of all class legislation, and the aboli'ion of all 
laws for the collection of debts contracted say after the 
year A. D. 1855, except commercial debts, amounting 
to over the sum of one hundred dollars, or on sabs of 
real estate. The abolition of the office of (at least two 
of the) associate judges of Common Pleas, leaving one 
as merely advisory in bail matters, &.C. 

The separation of equity and probate matters from 
the Courts of Common Pleas, and the i 1 crease of a 
Board of County Commissioners, with legislative pow¬ 
ers over their roads and streams, and, to a certain ex¬ 
tent, over schools, churches, academies, &c. &c. 

These and like reforms, are among those that present 
themselves to my mind on the subject of legislation. 

2d. Upon the subject of natural rights, there should 
be an enlarged bill. Crusty politicians and legislators 
get a particular case of grievance into their heads, and 
they plunge into the greatest excess of legal enactments 
to redress a supposed grievance, when, perhaps, the 
parties concerned are alike to blame, and the injury 
reaching to them only, as in the case of the great act 
for the prevention of gambling in Ohio, and the abom¬ 
inable seduction act of Pennsylvania. Legislators 
should have little to do with the natural rights of indi¬ 
viduals, acting in accordance with their own choice, 
and on equal footing in matters of contract, associa¬ 
tions, eating or drinking, marrying or giving in mar¬ 
riage; and divorce should be granted in all cases where 
both parties desire it, aftersix months have elapsed from 
the time of filing a joint application, and living that 
time separate from each other. 

Many more reforms might be mentioned, would the 









THE NEW CONSTITUTION. 


i 


length of this communication permit, but enough for 
the present. We. are literally making slaves of our¬ 
selves to correct supposed errors in others. Let us 
roll back the burdens,and we will then see more plain¬ 
ly that “mankind are governed too much.” 

Yours, &c., 

JUNIUS, Jr. 

Afraid to Discuss. 

But a few days now remain before the people will be 
called upon to vote yea or nay on the calling of a Con¬ 
vention to re-model the present Constitution of the 
State. 

The duty isasolemn one, and all should be prepared 
to vote understanding!)'. The friends of constitutional 
reform have thrown their flag to the breeze—have dis¬ 
cussed the reforms they wish introduced into that in¬ 
strument, and have sustained them by argument—have 
shown their good effects in other States where they 
have been tried. 

The enemies of constitutional reform—the men who 
would stay the car of progress,—have not dared to gain¬ 
say the facts stated or the arguments given, but have 
sought to appeal to the fears of the timid, rather than 
to arguments to sustain their opposition to a change. 
They feel that the argument is against them—that the 
present Constitution, formed in haste, by delegates 
from but nine counties of the State, is no longer fit for 
the government of two millions of freemen, with the 
additional experience, over the framers of the present 
Constitution, of near fifty years in their favor. 

Those who cannot argue to sustain their position, 
must have a bad cause, and when applied to the ene¬ 
mies of constitutional reform, this aslertion is true to 
the letter. 

The New Constitution. 

The question of calling a Convention for forming a 
new Constitution, will render the approaching election 
one of unusual interest and importance—and in order 
to secure the triumph of this great reform, it will be 
necessary that the whole Democratic vote should be 
polled. A powerful and clandestine movement is evi¬ 
dently on foot, by the leaders of tile federal party, to 
defeat the calling of a Convention. They do not rely 
upon their own strength, because they know that they 
are in the minority ; but their hope is to take advant¬ 
age of the supposed false security and apathy of the 
Democratic party. We hope the Democracy of Ash¬ 
land county will bear this fact in mind, and by a unit¬ 
ed rally at the polls, aid in the defeat of the machina¬ 
tions of the enemies of Popular Rights and Republican 
Progress. [Ashland Union. 

New Constitution. 

The Democrats of this county are unanimously in 
favor of a convention to amend the Constitution, and 
we have heard several of our most intelligent whigs ex¬ 
press themselves in its favor also. It must carry in 
the state by a treinenduous vote unless the whig leaders 
make it a political question, and if they should, it will 
eventually render that party most unpopular with the 
people. This is the era of progress and reform, and 
Ohio should not occupy the back ground. The spirit | 
of the age demand a constitution embracing all the j 
practical, utilitarian reforms of the times. The people 
are beeoming enlightened, and are fully competent to 
govern themselves. Hillsborough Gazette. 


35 


Reform in the Constitution. 

We publish on the other side some articles exhibit¬ 
ing the spirit of reform which exists in other states. 

The people of Ohio will decide at the next election 
for or against a new constitution, with all those saluta¬ 
ry reforms which have been so long demanded by the 
great mass of the people in the state ; while we are 
pained to see an attempt on the part of our “adminis¬ 
tration whigs” partly conceived of to defeat a vote for 
a new constitution. 

The only way to give these hunker leaders a deserv¬ 
ed thrashing for continually holding back upon the 
coat tail of reform is to get upon a good and substan¬ 
tial platform and have the ballots prepared and safely 
deposited in the box fora new constitution in October, 
while a failure to vote for the constitution will be con¬ 
strued a vote against a constitution. We would be 
pleased to see our neighbor taking a little imerestin 
this matter. [Akron Free Democrat. 

Naturalization of Females. 

Many women who come from Europe and intend 
residing permanently in the United States, think that 
as they cannot expect to vote, there is no use in their 
becoming naturalized, but this is a very serious mis¬ 
take. By the law, the property escheats to the State, 
and it is the duty of the Attorney General to see that 
estates, which would descend to the wife, if she was a 
citizen, are taken by the State. Previous to the year 
1345 public informers could draw the one-eight of pro- 
pertv informed of thus seized, hut by change of the 
law this is no longer the case. It is now leit in the 
power of persons who are at enmity with a widow 
thus to inform and have her all taken away. Of course, 
cases of this kind are few ; the widow is usually al¬ 
lowed to enjoy her property unmolested, but she can¬ 
not make a title to it and if she attempts to sell, or 
when she dies and her heirs dispose of her estate, liti¬ 
gation almost certainly ensues, and on examination the 
State seizes this property in dispute. Cases of this 
kind are constantly occurring—thousand of dollars are 
thus lost annually, aud all women not naturalized 
should become so at once. [A r . Y. Tribune. 


Railway to the Pacific—-The tw r o Conventions. 

Mass Conventions of all interested in the construc¬ 
tion of a Railway from the Mississippi river to the Pacif¬ 
ic Ocean, have been called—one to meet at St. Louis 
the 15th of October, the other to meet at Memphis the 
23rd of October—and the people from all parts of the 
United States are earnestly solicited to attend them. 
Though these Conventions have in view the connecting 
by Railway the Mississippi with the Pacific, yet they 
differ as to the line, and each party, of course, will bring 
forth their strongest facts to favor their particular route. 
Eight days intervene the time fixed for the meeting at 
St. Louis and at Memphis, and delegates or others dis¬ 
posed to attend both Conventions, can do so, as there 
will be time enough to go to the Memphis Convention 
after that at St. Louis has adjourned. 

Population oOIinesota. 

The birth places of the members of the Minesota 
Legislature may give an idea of the places, whence the 
population is derived. We find the follow ing record: 

From New England, 3; Canada, 4; New York, 3; 
Pennsylvania, 2; Michigan, 2, Ohio, 1; New Jersey, 1; 
Virginia, 1; Missouri, 1; 

We may presume from this, that the population will 
be drawn, almost entirely from the extreme North, cor¬ 
responding in climate, with that of Miuesota. Emi¬ 
gration, in the United States, with few exceptions, 
moves, on lines of latitude. 
















THE NEW CONSTITUTION. 


3:V2 


AN IMPORTANT OFFER TO THE PUBLIC. 

Many may be surprised at the offer we make the 
public in the prospectus below, but we assure every 
ane that it has not been until after long and due delib¬ 
eration. We have had the scheme in contemplation 
for two years, and the more we have reflected upon the 
matter, the more we have been convinced of the neces¬ 
sity of adopting it. It is predicated upon the expecta¬ 
tion of a very large circulation, not only in Ohio, but 
throughout the Western States; and we trust we shall 
not be disappointed, as we have received many letters 
since we returned to the office, requesting such a paper, 
atid promising us their exertions in our behalf. Now 
is the time for them to act —we have spread our sheet to 
the breeze, ami smooth or rough sailing, the voyage ku8 
got to be made. Our present large Weekly will be con¬ 
tinued as usual, with improvements in contemplation 
which will makeit still more acceptable, we hope, to the 
readers of it, but those who desire it, can, by paying up 
all back arrearages, be transferred to the Dollar 
Statesman by complying with its terms. 

Who cf our friends will be the first to send us a list 
—who the largest number to any one post office? 

We cannot send a prospectus to every one, nor a 
specimen number, and we therefore hope that those 
who desire its circulation, (and who will not?) that 
thoy will make the contents of the proposition below, 
known to their neighbors. Every body is of course 
authorized to subscribe himself, and get others to sub¬ 
scribe. We feel every confidence that we can make 
the Dollar Statesman one of the most valuable publi¬ 
cations of the kind in the Union. We have the ar¬ 
rangements, and will have the material at hand to do it. 
Cheap postage—cheap newspapers —and cash pay¬ 
ments, are daily becoming more and more the popular 
themes of the country. 

NEW ARRANGEMENT. 

Osie of the Cheapest Papers ever offered to the 
Public. 


The Polliar statesman. 

C 1REDIT has been the ruin of more editors than all 
/ the other difficulties they have had to encounter. 
Every man who takes a paper and does not pay for it, 
does just that much to cramp the editor’s energies, de¬ 
range his business, and ruin the cause he would other¬ 
wise encourage. The evil has been one of long endur¬ 
ance, and of many sad results. The spirit of the age 
is against the practice, and a successful newspaper en¬ 
terprise cannot be carried on if indulged in. 

We therefore propose a paper exclusively on the cash 
system, and when the money sent to us runs out, the 
paper will cease going until again subscribed foA These 
cheap papers, on the cash system, are springing up in 
various parts of the Union and we do not intend to be 
behind the age, or negligent of its progressive spirit. 

We therefore inteud issuing, in a few days, a Week¬ 
ly Dollar Statesman, the size of the present Daily 
and Tri-Weekly Statesman, (double medium,) at 
ONE DOLLAR A YEAR, 
always in advance, and when the time subscribed for 
expires, the paper will cease going, unless money is 


again forwardod. This alone will save many com¬ 
plaints on both sides, and all the trouble of duns, col¬ 
lections and errors of book accounts. 

As to the matter that the Dollar Statesman will 
contain, we do not think it necessary to make many 
promises, for we feel every confidence that it will work 
its own way into public favor, and be one of the most 
popular publications of the day. It is, at least, our de¬ 
sign to make it such. The stirring progressive spirit 
of the age only wants a proper medium through 
which it can properly appear, to attract general at¬ 
tention. One design of the work is to make it a use¬ 
ful family paper, as well as one of general political 
intelligence, by devoting the columns generally oc¬ 
cupied with advertisements, to substantial literary 
articles of both profit and amusement. But, as we 
have just said, we desire to make no promises be¬ 
fore hand, but make a paper that will by its own 
merits find its way into every “settlement,” to use a 
western phrase. We have been long and frequently 
advised to start such a paper, and one person promised 
us at least fifty subscribers in iiis neighborhood, to sup¬ 
ply the place of the “cheap trash,” to use his expres¬ 
sion that is now patronised because it is cheap, and be¬ 
cause they never had the trouble to write “discontinue 
my paper,” when the year was out, as it stopped of its 
own accord until the necessary means was forwarded 
for its continuance. Politics —(but as little of a per¬ 
sonal nature as possible)— Literary Sketches and 
Tales—News from all the WORLD— Review of 
the Markets, &c. &c. will be the leading features of 
the publication. 

Inducements to Clubs. 

For .$10, twelve copies will be sent. 

For $20, twenty-five copies. 

For $25, thirty copies, and also a neatly bound vol¬ 
ume of “The New Constitution,” of 400 pages which 
will be completed in a few weeks. How many of our 
friends are there who will take this last premium.— 
Young men, you cannot do a better days work tbaa 
take it up. 

Specimen Numbers. 

Specimen numbers will be forwarded to all who de¬ 
sire them, on application. Post Masters and all others 
are authorized to act as Agents. 

Hr Will be published on SATURDAY of eaeh 
week. 

S. MEDARY. 


Columbus, 0.,Sept. 1849. 


Iron Store House for California. 

The Philadelphia Ledger gives a description of a 
large store house of Iron, 50 feet long, 40 feet wide, 
and 35 feet high, which is finishing for Aspinwall, to be 
shipped to California. The entire weight in 30,000 
pounds. 


ICT Since the beginning of June, there hasbeen robbed 
from the mails between Batavia and Rochester, in drafts 
and certificates of deposits’ four thousand five hundred 
dollars! The bank of Geneva has alone lost in that 
way $3,500. A large amount of money has also bee» 
abstracted from letters going east from Buffalo. 

IIV. Y Sun. 


THE NEW CONSTITUTION. 


BY N. MEDARY. 


TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ “ “ 10 00 

UTAH Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
In advance. 













THE NEW CONSTITUTION. 

“POWER is always stealing from the many to the few. 


Vol. I. 


Columbus, Ohio, Saturday, October 6, 1849 


No. 23. 


Postage.— The postage on this work is the same as 
on a newspaper. 

CTBack No’s of this paper*can be furnished to all 
persons subscribing soon for ‘The New Constitution. 

ICTThe article, commencing on the next page, re¬ 
viewing the claims of the Northmen to the honor o 

being the first to discover America, will be read with 
interest, as, indeed is every thing which throws light 

on the early history of the glorious country in which 
Freedom has found its abiding place. 

The article originally appeared in the Democratic 
Review, and the subject is handled with fairness and 
ability. 

The Rights and Privileges of Freemen. 
Before the present No. of “The New Constitution” 
reaches its distant subscribers, the votes for and against 
a Convention to remodel the present Constitution of 
die state, will have been deposited in the ballot box— 
the determination of the freemen of the state will have 
been expressed and a decision will have been made.— 
That that decision will be in favor of a Constitution 
more in accordance with the spirit of progress and of 
the age in which we live, we feel quite confident. 
The reforms which experience has dictated will be en¬ 
grafted on the fundamental law *f the state, and the 
rights and interests of the masses will be better pro¬ 
tected, by the resumption of powers delegated to the 
Legislatuie and the Courts, which rightfully belong 
to the people. 

Among the stable governments of the world, ours is 
the only one that can be thus changed, and therein, 
lieth the true secret, why our government has so long 
survived—why it is so strong in the affections of the 
people, aud why we have no revolutions, such as shake 
other governments to their centre. When a change 

in our government becomes necessary, the people by 

their own free will, as expressed through the ballot box 
make it, and thus, while acting in accordance with 
law, they declare a Constitution no longer binding, 
when another is ready to take its place, aud still the 
wheels of government move on, in the same harmoni¬ 
ous action as before. 

In other governments, such changes as we have ad¬ 
vocated in the New Constitution, would be deemed lit¬ 
tle short of Treason, for they all contemplate enlarged 
liberty to the masses, yet here, under our free govern¬ 
ment, we have advocated that alone, which we have 


the right to advocate—that alone, which will strengthen 
the government—that alone, which will bring it nearer 
its true principles. 

The chartists of England advocate the right of vot¬ 
ing, to choose their members of Parliament, and to vote 
for them by the secret ballot. For this, they are ob¬ 
jects of suspicion to government, and it fears to allow 
them to hold public meetings, unless a portion of the 
standing army of the Kingdom is on the ground ready 
to aid in the arrest of any one who may utter a thought 
that can be construed into treason, and to quell any tu¬ 
mult that may be gotten up. Here we claim and exer¬ 
cise, as a natural, inherent and inalienable right, that 
for which the Briiish chartist contends in vain. 

In France, for the purpose of securing the liberty of 
the press, the people had to rise with arms in their 
hands, and drive their King from his throne aud to 
revolutionize their government. Here the liberty of 
the press is secured to the people, aad he would be a 
traitor to them, who would dare attempt to abridge it. 

In Ireland, the people ask a Parliament of their own, 
that her own citizens may make laws for Ireland, in¬ 
stead of being dependent on the English Parliament, 
where they are scarcely represented at all, for the lo¬ 
cal legislation of the country. Here each state has its 
own local Legislature,—its members chosen by the 
people, and the laws executed by officers elected by their 
votes. 

The rights guarrantied to the people in their charter 
of liberties in this Republic, while they strengthen nnc! 
make our form of government the most stable of any 
in the civilized world, are viewed with alarm in other 
lands. Here the great question of man’s capacity for 
self government has been fully demonstrated—here 
each citizen has the same natural rights as the highest 
in the land—here each man feels that he is a part of the 
government and that its glory or its shame, redounds to 
his own honor or dishonor. Other nations on the Eu¬ 
ropean continent have striven for the same natural 
rights, but might has proved too strong for right, and 
Ireland, Hungary, Poland and other lands have fallen 
beneath the sword of the mercenary and been crushe 
under the iron heel of oppression, still we have the as 
gurance that 

“Freedom’s battle once begun, 

“Bequeath’d by bleeding sire to son, 

“Though baffled oft, is ever won.” 

And thus we are allowed to hope for the down-trodden 
and oppressed of other lands. 























THE NEW CONSTITUTION. 


5-31 


From the Democratic Review. 
The Discovery of America by the Northmen.* 

The deep and universal interest in the results of the 
discoveries of Columbus, which has prevailed through¬ 
out the scientific world, ever since they were made, not 
only led to a minute investigation of the train oi 
thought which guided him to them, but also directed 
the public attention with new force to the accounts of 
certain preceding voyages to the western world, which 
had created little or no impression at the time of their 
first publication; and would, perhaps, have been for¬ 
gotten, if the revelation of America had not thrown a 
new light upon every thing however remotely connec¬ 
ted with the subject. Among these accounts, the most 
remark-able and credible is that of a supposed discovery 
of some part of the eastern coast of our continent, by 
Northmen sailing from Iceland and Greenland in the 
early part of the eleventh century—that is, nearly five 
hundred years before the voyages of Columbus. 

The original sources of this account are found in the 
works of several Icelandic writers of the thirteenth and 
fourteenth centuries, which for the most part still re¬ 
main unpublished in the libraries of the North of Eu¬ 
rope. The substance of the passages in question was, 
however, pretty early made known, through various 
channels, to the reading world. Adam, of Bremen, 
alludes to them in his Ecclesiastical History, as early 
as 1075, and Ortelius in his Tkeatrum Orbis, in 1570. 
In 1705, Torfaeus, historiographer for Norway to the 
King of Denmark, published in Latin a succinct but 
very curious work on the subject, entitled Historla 
Vinlandiae Antiquae —the history of Old Winelaud— 
the name given by the Northmen to a portion of the 
country which they visited. Almost all the modern 
writers on general geography, or on that of the north¬ 
ern regions, mentions these accounts—particularly 
Cranz in his history of Greenland—Pontoppidan in that 
of Norway—J. R. Forster in his collection of northern 
voyages—Malta Bran in his Universal Geography—and 
Alexander Von Humboldt in a recent work upon the 
precise question of the knowledge possessed by the 
Europeans of the western world before Columbus. 
Tlie subject has been recommended to the attention of 
the American public by Belknap in his American Bi- 
ography, Washington Irving in his Life of Columbus, 
and Wheaton in his History of the Northmen. It is 
also slightly mentioned by Mr. Bancroft in the first 
volume of his History of the United States. The de¬ 
grees of importance, which these writers respectively 
attach to the accounts in question, are exceedingly va¬ 
rious. By some they are rejected as entirely fabulous 
and by others regarded as questionable ; hut the ma¬ 
jority, including the most learned and judicious, attd 
particularly Humboldt—on all subjects of this class the 
8ummus avclor —highest of authorities—are disposed to 
receive them as substantially authentic, though alloyed 
perhaps by a mature of doubtful or fabulous matter. 
We mention the. 'antes of these writers, in order to 
show that this suj -osed discovery of America by the 
Northmen, is not, as some have imagined, a recent rev¬ 
elation of matters before unknown, but it is founded in 
ancient authorities, which have always to a greater or 
less extent occupied the attention of the scientific ge¬ 
ographer, and even of the general reading public. 

One of the results of the constantly increasing in¬ 
terest taken in every thing relating to this country, 
was the determination formed about ten years ago by 
the Royal Antiquarian Society of Copenhagen, to pub- 

* Antiqvitatf.3 Americans: sive Scriptores Septeu- 
trionales Rerum Ante-Columbianarum in America. 
EdiditSocietas Regia Antiqvariorum Septentrionaiium. 
Hafniae, 4to. pp. 447—1837'. 


lish the authorities upon which these accounts rest, in 
I the original dialects, accompanied with full comment#. 
! lies and illustrations. The plan has been carried into 
; effect with great industry and success, under the diree- 
| tion of Mr. C. C. Rafn, as editor. The results are ex¬ 
hibited in the large and valuable volume now befor* 
us. It Includes the text of the original authorities is 
the Icelandic tongue, with translations into Danish and 
Latin, and a pretty full abstract, in English, of the 
narrative, which has been republished in a separate 
format New York. There is also a commentary in 
Latin, intended to illustrate the geographical question# 
involved in the subject, and an instructive correspon¬ 
dence between the Danish Antiquarian Society, and the 
Historical Society of Rhode Island, through their Sec¬ 
retary, Dr. Webb, upon the same point. The work i* 
printed in a style corresponding with its importance, 
and contains fine fac similies of the principal Icelandic 
manuscripts, with all the necessary maps and drawings. 
Whatever may be thought of the conclusions of th* 
Danish Antiquarian Society, in regard to some points, 
respecting which they are, perhaps, rather too san- 
guiue—it must be admitted by all, that the work is iH 
the highest degree creditable to them, and forms a most 
valuable addition to the geographical literature of th* 
western continent. It is but just and proper to add, 
that great credit is due to the Historical Society of 
Rhode Island—one of the most recently established in 
die country—and especially to their learned and zeal¬ 
ous Secretary, Dr. Webb, of Providence, for their ac¬ 
tive co-operatbin in this enterprise. The Danish an¬ 
tiquaries appear to have relied entirely upon him for 
the aid which they had occasion to call for from this 
side of the Atlantic, and the spirit and efficiency with 
which he entered into their views, reflects honor upon 
his own character and that of the society represented 
by him, to whose meritorious labors upon other sub¬ 
jects we have cursorily alluded in a former article iM 
this Review. 

In noticing the important and valuable work now 
before us, we shall first present to our readers a rapid 
sketch of the events described, and afterwards, iii a 
subsequent article, endeuvor to estimate the degree of 
credibility which properly belongs to the account, and 
to ascertain, as well as we can, what part of the conti¬ 
nent the Northmen probably visited. 

Before proceeding to particulars, it may be well t* 
remark, that the Northmen, at the time when the dis¬ 
covery is supposed to have been made, were the great¬ 
est navigators in Europe. They were just in their 
palmy state of expansion and activity- Their piratic¬ 
al squadrons showed themselves sucsessivelv on the 
coast of almost every known region, and constantly 
maintained the ascendency that results from superior 
activity, energy and courage. During the two or three 
centuries preceding their discovery of America, they 
had spread themselves over all the islands of the British 
Archipelago, and had finally seated one of their princes 
the great Canute, upon the throne of Alfred. At about 
the same time, they conquered one of the finest por¬ 
tions of France, to which they gave their name of Nor¬ 
mandy. When the Saxon blood temporarily regained 
the ascendency in England, one of their chieftains a * 
if to vindicate the honor of the stock, crossed the chan¬ 
nel from Normandy, crushed by a single decisive blow 
the feeble array of his competitor, at the battle of Has¬ 
tings, and secured to himself and his posterity th* 
British sceptre. Not content with these conquests, the 
Northmen entered the Mediterranean, took possession 
of Sicily and the northern coasts of Italy and Greece, 
and for a time gave law from the thrones of Jerusalem 
and Constantinople. They displayed every where a 
hardihood and enterprise, in which they have never 













THE NEW CONSTITUTION. 


355 


beeu surpassed by any maritime nation, and could they 
have anticipated by a century or two the discovery of 
the compass, would have given to their influence, upon 
the ocean the same universal extent, which a similar 
dominion has since assumed in the hands of the Span¬ 
iards, the Portuguese, the Dutch, the English, and, for 
commercial purposes, the United States. With all 
their wild habits of predatory violence, they were nev¬ 
ertheless a highly imaginative and poetical people; in 
their later period, they became a refined, accomplished 
and literarv one. Iceland was for a time one of the 
seats of the monkish learning of the middle, ages. In 
more southern climates, the Norman nobles tempered 
their original roughness with the gentle graces of civ¬ 
ilization, and in the long wars that were undertaken 
for the recovery of the Holy Sepulchre,'they led the 
van of the chivalry of Europe. While yet in their 
earlier period—at the time when we meet them in 
America—thev justified completely the beautiful des¬ 
cription given of them by f cott, in the Lay of the Last 
Minstrel, in speaking of the Western Islands: 

“Thither came in times afar, 

Stern Lochiin’ssons of roving war, 

The Northmen, trained to fire and blood, 

Skilled to prej are the raven’s food, 

Kings of the main, their leaders brave— 

Their barks, the dragons of the wave.” 

Among the less considerable achievements of the 
earlier history of the Northmen, were the colonization 
of Iceland, in the year 875, and that of Greenland, in 
the year 986. The leader of the colony, which settled 
in the latter region, was Eric Rauda, or the. Red. He 
established his residence at a place which he called 
BrattaliJ, situated on an inlet, to which he gave ti.e 
name of Eiicsfionl. He bestowed upon the country 
the attractive name of Greenland—as a lure to emi¬ 
grants. His principal companions, in like manner, 
gave their names to their respective places of residence. 
Heriulf fixed himself at Heriulfsness, or Cape Heriulf, 
on Heriulfsfiord—Rufn, at Rufnsfiord, aud so of the 
rest. It may be remarked here, that these names are 
still preserved in the geography of Greenland, aud 
while they serve to perpetuate the memory of the first 
settlers, identify them, for the present purpose, as real 
historical personages, in contradistinction to the ima¬ 
ginary heroes of a mere fiction. 

The colonization of Greenland by the Northmen, 
was the event that led immediately to their discovery of 
America. Even before this time, it was obviously in 
no way improbable that some of their ships navigating 
between Norway, the Britisli Archipelago and Iceland, 
all which countries were then in their possession, 
should he driven out of their course by strong easterly 
winds as far as the coast ol America. Some such acci¬ 
dents, previous to those which form the main subject of 
the work before us, are, in fact, alluded to by the Ice¬ 
landic writers and others may have happened without 
leaving any trace in history. But when the Northmen 
had extended their settlements to a point so near the 
Arnericau coast as Greenland, occurrences of this kind 
became almost matters of course. We find, according¬ 
ly, that tlie year succeeding their establishment in that 
country, is the one assigned by the Icelandic writers to 
♦he discovery of America. The account of the latter 
event, as given by these writers—omitting a good deal 
of extraneous matter, some of which, as we shall have 
occasion to mention, is of an obviously fabulous char¬ 
acter—is briefly as follows: 

Among the companions of Eric Rauda, or the Red— 
the leader of the colony which settled in Greenland— 
was Heriulf, whose name is still attached to the south 
crn promontory of Greenland, called by the English, 
Cape Farewell." Heriull had a son named Biarne, who 


is represented in the Icelandic chronicles as a young 
man of great merit. He had early engaged in com¬ 
mercial enterprises which had been attended with suc¬ 
cess. It was his practice to pass his winters alternately 
in foreign parts and at home with his father. In pur¬ 
suance. of this habit, he had passed the winter of the 
year, when his father emigrated to Greenland, in Nor¬ 
way, and on returning homo the next summer found 
him gone. He determined at once to follow, and hav¬ 
ing obtained the assent of his crew, set sail without dis¬ 
charging his cargo, though unacquainted with the 
course. After losingsight of land they met with north¬ 
erly winds and fogs, and were driven about many days 
and nights without knowing where they were. When 
the fog cleared away they made sail and the same day 
saw land. The coast was low and sandy, rising grad¬ 
ually into hills covered with wood. As it did not cor¬ 
respond with the description given of that of Green¬ 
land, they left it to larboard and steered a northerly 
course. Afteranother days'ssail they made laud a se¬ 
cond time. It was low and woody as before. They 
now put to sea again, and after sailing three and a half 
days with a southwest wind made land a third time. 
It proved to be a bold shore surrounded with ice, and 
on further exploration they discovered it to be an isl¬ 
and. Once more leaving the land behind them, and 
pursuing their way to the north, after two days and 
two nights sail they made the southern cape of Green¬ 
land, where Biarne found his father. The chronicle 
adds that this was his last voyage—that he thenceforth 
lived with his father, and after his death took possession 
of the homestead, where he fixed his residence. 

The discoveries of Biarne naturally became a sub¬ 
ject of much conversation in Greenland. At length 
Leif, a son of Eric the Red, the leader and chief of the 
colony, determined to undertake another voyage in 
the same direction. He accordingly purchased Bi- 
arne’s ship, and engaged a crew of thirty-five men, in¬ 
cluding a German named Tyrker, who had lived from 
his youth in Eric’s family. It may be remarked, that 
it was about this time that Christianity was introduced 
among the Northmen, and Leif is described as the per¬ 
son by whom it was brought into Greenland Being 
at Drontheim a few years before, be had met with 
Olans, King of Norway, who had come to that place, 
for the purpose of converting the natives to Christian¬ 
ity; was converted by him, and on bis return carried 
back the new faith with him to Greenland. 

The date of Lief’s voyage is assigned to the year 
1000. On leaving Greenland, he first made the laud, 
which had been last seen by Biarne, and found it. as 
described by him,a barren coast,rising into lofty moun¬ 
tains covered with ice and snow; the space between 
them and the shore, being a naked rock, entirely desti¬ 
tute of herbage. He gave tne country the narue of 
Helluland, from the Icelandic word Htlla, which sig¬ 
nifies a flat rock. They put to sea "gain, and on ma¬ 
king land a second time, they four/ the appearance of 
it to correspond with that of the cdasts first seen by 
Biarne. It was a level shore, covered with white sand, 
and rising into hills crowned with wood. They called 
it Murkl'ind, from the Icelandic word Mark, which sig¬ 
nifies wood. They now put to sea a third time, with a 
northeasterly wind, and after two days’sail once more 
made. laud. There was an island near the coast, upon 
which they landed: the weather was pleasant, and the 
grass covered with dew. which, on tasting it, they 
found of a singular sweetness. They sailed westward, 
through a strait which separated the island from a pro¬ 
montory projecting northerly from the shore, and fi¬ 
nally reached a place where a river, issuing from the 
lake above, fell into the sea. Here Leif determined 
to establish ms colony, and having transported his ef- 










356 


THE N T EW CONSTITUTION. 


fects. in boats, from the ship to the shore of the lake, 
lie erected woolen huts for the temporary accommoda¬ 
tion of his men. Afterwards, when they made up their 
minds to stay, thev bailt larger houses, and called the set¬ 
tlement Leif’s Budir or Booths. When the work of 
building was finished, Leif divided his men into two 
partiesOme of which regularly kept watch at home, 
while the other explored the eountry, but not so far as 
to be away more than a day at a time. Leif himself 
alternately* accompanied each of the parties. The 
Chronicle" here interrupts the narrative, to remark that 
Leif was a tall and robust man, uncommonly dignified 
in his personal appearance, and very prudent and judi¬ 
cious in the management of his affairs. 

One evening, on the return of the exploring party, it 
appeared that the German, Tyrker, was missing. Leif 
was much alarmed at this, and set forth with twelve 
men in search of him, but had not proceeded far when 
he met him returning. He gave as a reason for his 
delay, that he had been gathering grapes, of which he 
had found a great abundance. This was a fruit un¬ 
known te the Northmen, but with which and its uses, 
Tyrker, as a German, was acquainted. In conse¬ 
quence of this discovery, Leif gave to the country the 
name of W ineland, to which his countrymen seem to 
have subseqnently added the epithet Good, as it is gen¬ 
erally mentioned in the Chronicles, under the name of 
Wineland the Good. The men now employed them- 
eelves alternately in gathering grapes and in cutting 
wood, with which they loaded the ship. The river 
abounded with fish, and particularly salmon of a large 
size. The climate was very mild; there was no frost or 
enow; and the grass faded so little that the cattle were 
kept out at pasture aii winter. On the shortest day of 
the year, according to the translation of the Chronicle 
given by the Danish Antiquaries, the sun rose at half 
past seven o’clock in the morning, and set at half past 
t .ur in the evening. This occurs in about the latitude 
of Cape Cod, so that if the translation can be depended 
on, there is no doubt of the identity of Wineland with 
Massachusetts aud Rhode Island. It is proper to add, 
however, that the meaning of this passage is a matter 
of dispute among the learned. We shall advert to it 
again in the sequel. The following spring, L°if set 
sail with his cargo of wood, and arrived safe in Green¬ 
land, having on his way rescued fifteen ship-wrecked 
mariners, from a rock near the coast. Leif obtained 
great consideration, as well as profit from his voyage, 
and was ever after designated as Leif hin heppni, or the 
Lucky. His father Eric died the same year, and Leif 
appears to have taken no further personal share in the 
exploration of the new-found territory. 

The land first seen by Leif, and by him named Hel- 
luland, is identified by the Danish Antiquaries with 
Labrador. Markland they suppose to be Nova Scotia, 
and Wineland the Good, as "we intimated just now, Mas¬ 
sachusetts and Rhode Island. The Island mentioned 
in the Chronicle, as lying near the coast of Wineland, 
is thought to be Nantucket, and the promontory Cape 
Cod: the river and lake are found in Narragansett har¬ 
bor with its tributary streams, and Leif’s Booths are 
placed on the shore o"f Mount Hope Bay. 

The discoveries of Leif, of course, increased the in¬ 
terest that had been excited in Greenland by those of 
Biarne. The following year, (1001,) Thorwald, a bro¬ 
ther of Leif, determined to explore still farther the 
new-found region, and borrowing Leif’s ship for the 
purpose, set sail upon the expedition. He arrived, 
without any particular adventure, at Leif’s Booths, 
wjiere he passed the winter, employing his company 
chiefly in fishing. In the spring, Thorwald despatch¬ 
ed a party of men in the boat, to explore the country 
to the southwest. They found it beautiful and well 


wooded, with but little interval between the woods and 
the sea, which abounded in islands and shallows.— 
They saw no traces of human habitation, excepting a 
wooden shed upon one of the islands. The party re¬ 
turned in the autumn to Leif’s Booths- 

In the following spring, (1002) Thorwald sailed east¬ 
ward in the ship, and finally doubled a cape, upon 
which he was afterwards shipwrecked. To this cape 
he gave the name of Kialarness, or Keel Cape. It is 
supposed by the Danish Society to be Cape Cod, which, 
in fact, bears some resemblance, in the general outline, 
to the keel of a ship. After repairing his vessel, Thor¬ 
wald pursued his course to the west, until he reached 
a promontory covered with wood, which he thought so 
beautiful, that he determined to make it the seat of his 
settlement. At this place the Northmen fouud three 
canoes, each having on board three of the natives, 
whom the Chronicle calls Skraellinggar —the name 
given in Greenland to the Esquimaux. A skirmish 
ensued, in which eight of the natives were killed: the 
ninth escaped, and soon after returned with an acces¬ 
sion of force. Another engagement then took place, 
which terminated in the retirement of the natives. In 
the course of it, however, Thorwald, the leader of the 
expedition, received a mortal wound under the arm 
from an arrow. He summoned his followers around 
him, and inquired whether any of them were,wound¬ 
ed, to which they all replied in the negative. ‘‘As for 
me,” continued Thorwald, “I have received a wound 
under the arm from an arrow, and I feel that it will be 
mortal. I advise you to prepare immediately for your 
return: but ye shall first carry my body to the prom 
ontory which I thought so beautiful, and where I had 
determined to fix my residence. It may be that it was 
a prophetic word which fell from my lips, about my 
abiding there for a season. There shall ye bury me, 
and ye shall plant a cross at my head, and another a 
my feet, and ye shall call the name of the place Kross- 
anes ,—Cape Cross,—through all future time.” 

Thorwald died, as he anticipated, of his wounds, and 
was buried by his companions in the manner which he 
had directed. It will be recollected that his brother 
Leif was the first convert to Christianity in Greenland; 
aud it was doubtless by him, that Thorwald had been 
instructed in the new religion. The companions of 
Thorwald returned to Lief’s Booths; and the follow¬ 
ing spring, (1005) they sailed again for Greenland. 

Kialarness, or Keel Cape, is supposed by the Danish 
Society, as we remarked just now, to be Cape Cod.— 
Admiuiug this supposition to be correct, the promon¬ 
tory where Thorwald was buried must be somewhere 
in Massachusetts Bay. The Danish Society suppose 
it to be either Gurnet Point, near Plymouth, or Aider- 
man Point, at the extremity of NantasketBeach, uear 
Boston. On their map, Gurnet Point is marked as 
Krossanes, or Cape Cross. On the other supposition, 
the monument of Thorwald would fall within the pre¬ 
cincts of the little village of Hull, which is, in fact, 
one of the most beautiful spots in the neighborhood of 
Boston. 

On the return of the expedition to Greenland, Thor- 
stein, a third sod of Eric, determined to proceed to 
Wineland, and bring back his brother’s body. He ac¬ 
cordingly fitted out the same ship, with a crew of twen¬ 
ty-five men; taking also with him his wife Gudrida. 
This voyage proved an unsuccessful one. They were 
tossed about upon the ocean all summer, without know¬ 
ing where they were, until at the. opening of the win¬ 
ter they finally reached Greenland. Thorstein died 
soon after, and his widow Gudrida returned to the fam¬ 
ily residence at Ericsfiord. 

In the course of the following year, (1006) ther» ar¬ 
rived in Greenland two ships from Iceland, one of thorn 






THE NEW CONSTITUTION. 


3o7 


commanded by Thorfinn, significantly called Korlsefne, 
that,— the man of promise. He was a wealthy and 
powerful person, of illustrious lineage, being descended 
from Norwegian, Danish, Swedish, Scotch and Irish 
ancestors; some of whom were kings, or of royal de¬ 
scent. He was accompanied by Snorre Thorbrandson, 
also a person of distinction in iceland. They remain- I 
ed in Greenland through the year, and kept the festival ! 
< f \ ule, or Christmas, at Brattalid, the residence of [ 
Eric, who was now dead. During the winter, Thor- I 
finn became enamored of Gudrida, the widow of Thor- ! 
stein, and obtained the consent of Leif to marry her. 
The discovery and exploration of the new-found region 
of IV ineland the Good were still the principal suojects ! 
of conversation in the family. Thorfinn was strongly 
urged by his wife, and other friends, to undertake a | 
voyage in that direction, which he fiually determined ! 
to do. Accordingly, the following spring, (1007) he j 
fitted out an expedition,composed of threeships, carry¬ 
ing a hundred and forty men. He took the command 
himself of one of the vessels, on board of which he 
was accompanied by his wife Gudrida and his friend j 
Snorre. One of the other ships was commanded by i 
Biarne Grimolfson, of Breidefiord, and Thorhal! Gam- | 
lason, of Austfiord, In Ireland. The third belonged to | 
Thorwald, who had marriad a natural daughter of 
Eric, named Freydisa. She accompanied her husband, j 
who also took with him Thnrhall, an experienced j 
huntsman, aud confidential servant of the late Eric.— 
With this little fleet, about equal in force to that with 
which Columbus made his first voyage, Thorfinn set 
sail from Greenland. 

After landing at Helluland and Markiand, he pro¬ 
ceeded on a southwest course, having the land on his 
right, until he came to Kialarness. This cape is des¬ 
cribed in the chronicle of his voyage, as consisting of 
unexplored deserts, skirted by a long, sandy shore, to 
which he gave the name Furdustraiuler ,—alar extend¬ 
ed strand, or as some explain it, a wondrous strand, or 
beach. Here the navigator# remained a few days, and 
made some slight exploration of the country; in the 
course of which they found grapes and wheat growing 
wild. They then continued their course uulil they 
came to a frith or inlet, at the entrance of which was 
an island. The currents ran with great rapidity round 
the island, aud in the frith itself; in allusion to which | 
circumstance, Thorfinn gave the island, the name of 
Straum-Ey ,—Stream Island, and the inlet, that of 
Straum-Fiord, —Stream-frith. They found the island ; 
frequented by such an immense number of birds, that, 
it was hardly possible to walk, without treading upon 
their eggs. Here Thorfinn landed, and fixed his resi- j 
deuce tor the winter. The following spring*Thorhall j 
set forth with eight of the men, in search of Wineland, 
but was driven by westerly gales across the ocean, up¬ 
on the coast of Ireland, where they were made slaves. 
Thorfinn with the rest of the company, took the other 
direction to the southwest, and soon reached Leif’s 
Booths, which were situated, as has been seen, on tiie 
shore of a lake that discharged its waters into the ocean 
through a river. Before the mouth of the river, there 
were large islands. Thorfinn gave to the lake the name 
of Hop ,—equivalent to haven or bay. He found wheat' 
growing wild on the low grounds, and vines on the ; 
hills. The Northmen elected additional dwelling 
houses, at a little distance from the bay, and passed the 
winter at this place. The climate appeared to them as 
it had to Leif and his company, extremely mild. No 
snow fell, aud the cattle were kept out at pasture 
through the winter. Early in the spring, the settle¬ 
ment was visited by the natives in canoes, who carried \ 
on a friendly intercourse with the Northmen, exchang¬ 
ing furs, for milk-soup and cloth. About this time, j 


Gudrida, the wife of Thorfinn, gave birth to a son, who 
was named Snorre. At the opening of the following 
winter, the natives appeared again in greater numbers, 
and with hostile intentions. A skirmish ensued, in 
which some of the Northmen were killed, but in 
which the natives were finally repulsed, not without 
the active inteference of the Northern women, and 
particularly Freydisa. The hostile disposition shown 
by the natives, seems to have satisfied the Northmen, 
that the country, notwithstanding its natural advant¬ 
ages, would he an uncomfortable residence. They ac¬ 
cordingly determined to abandon the idea of a settle¬ 
ment, and prepare for returning to Greenland. With 
this view, they left Hop and proceeded to Straum Ey, 
where they passed the next winter. The following 
spring, (1011) :-fter a three year’s abode, they took 
their departure from Wineland, and having touched on 
the way at other points on the coast, and !aken on board 
some of the natives, arrived safely in Greenland. 

The island, called by the Northmen, Stranm-Ey, is 
supposed by the Danish Antiquaries to be Martha’s 
Vineyard, and Straum-fiord, Buzzard’s Bay. It is a 
rather remarkable coincidence, between the present 
state of those islands, aud the description given in the 
narrative, that one or more of them are now denomi¬ 
nated the Egg Islands. The name Hop is supposed by 
the Society, to be retained in the Mount Hop<* of the 
present day. The bay described in the narrative, is 
Mount Hope Bay; and the river which runs from it in¬ 
to the ocean, Pocasset River. Leif’s Booths as has 
been remarked before, were supposed to have been plac¬ 
ed upon the shore of Mount Hope Bay, and Thorfinn 
is believed to have erected his houses, which are said 
to have been on higher ground on the elevation above. 

Such are the principal particulars given in the chron¬ 
icles of the most important expedition which was ever 
fitted out by the Northmen for the exploration of the 
new-found region. It appears to have resulted in the 
abandonment by those who were engaged in it, of the 
plan of establishing a colony, on account of the fero¬ 
cious character of the natives. On his return to Green¬ 
land, Thorfinn engaged in trading expeditions to Nor¬ 
way, and in 1015 purchased an estate in Iceland, where 
he passed the remainder of his life. His'son, Snorre, 
who was borne in Wineland, succeeded him in the 
estate, and became a person of high consideration in 
the country. On the marrage of Snorre, his mother, 
Gudrida, made a pilgrimage to Rome, and after her re¬ 
turn retired into a convent for the rest of her life. A 
numerousancUlhistrious progeny descended from Thor- 
finn, through his Ainerican-born son, Snorre, among 
whom may be inentioued Bishop Tliorlak, (a grandson 
of Snorre, by his daughter Elfrida,} who was the au¬ 
thor of the oldest work on the Ecclesiastical Law of 
Iceland, published in 1123. To him we are probably 
iudebted for the accounts of the voyage of his ances¬ 
tors to Wineland. The record of the several genera¬ 
tions of this remarkable family has been continued 
unbroken up to the present day, and is given entire in 
all its branches in the work before us. The listof the 
descendants of Thorfinn includes a large number of 
persons distinguished in different ways in the adminis¬ 
tration and magistracy of the northern kingdom,—in 
the church, in letters and arts. Among them are 
priests, professors, judges, bishops, earls and ambassa¬ 
dors. One of them married a sister of the Danish his¬ 
torian. Torfaeus, whose connection with the family, 
perhaps, have led him to undertake the work on Wine- 
land, to which we have alluded. Among the represen¬ 
tatives of-Thorfinn and Gudrida, now living, or de¬ 
ceased since the commencement of the present century, 
are three professors at the University of Copenhagen, 
one of whom, Film Maguussen, is still living, and has 








358 


THE NEW CONSTITUTION. 


contributed his share to the work before us,—the late 
Chief Justice of Iceland, Magnus Stevenson;—the late 
Bishop of Iceland, Geir Vidalin;—and finally no less a 
personage thau the celebrated Bertel Thorwalden,— 
since the death of Canova,by general acknowlegement, 
the first sculptor of the age. 

Subsequently to the great expedition of Thorfinu, 
there are very few particlars mentioned in the Icelandic 
writers respecting the new-found regions. These ap¬ 
pear to have been pretty soon virtually abandoned, and 
finally almost forgotten. The same year, however, 
(1011,) in which Thorfinn returned,Freydisa, who had 
accompanied him, fitted out in a single ship, in wl ich 
site sailed herself, in company with two Norwegians, 
Helge and Finnboge, recently arrived in Greenland, a 
crew of about thirty-five men and a number of women, 
She returned the next year without having attempted a 
settlement, and her companions are represented as hav 
tng destroyed each other in private quarrels. 

T .e next incident in the history of Wineland is the 
visit of Eric, Bishop of Greenland, who is represented 
es having gone there, probably for missionary purposes 
in the year 1121. Nothing farther is said upon the 
subject, and it is not known whether he returned, or 
eettled in Wineland. 

In the year 1285, two clergymen well known in the 
ecclesiastical history of Iceland, are described as hav¬ 
ing discovered a land to the west of Iceland, which is 
supposed to have been Newfoundland. No particulars 
are given. Finally, in the year 1345, a voyage is 
mentioned from Greenland to Marklatid, performed in 
a vessel having a crew of fifteen mcu. In the brief 
allusion which is made to this voyage, Markland is 
not spokeu of as a newly discovered country. It may 
therefore be concluded, that the knowledge of it had 
not been lost, although the intercourse was probably 
not frequent, as is apparent from the fact that a single 
trading voyage is alluded to in a general description of 
the affairs of the country. 

To complete the view of what, so far as we are in¬ 
formed, was kuown by the Northmen of America, it 
may be proper to add that the natives taken on board 
by Thorfinn, on his return voyage, gave him an ac¬ 
count of a country southwest of Wineland, inhabited 
by a race of men, apparently, from the description, of 
European origin. They are supposed by the Society, 
to have been of Irish extraction, as traditionary ac¬ 
counts are mentioned in the Icelandic chronicles, of 
two Icelanders, who had been successively driven, by 
stress of weather, upon this part of the coast, and had 
found there a population which they supposed to be 
Irish. The region alluded to in these traditionary ac¬ 
counts is named, in some old geographical works of 
the middle ages, cited in the volume before us ,Huitra- 
tnnnnaland, or the country of white men; and Ir and-it- 
tnilda or Great Ireland, In the map accompanying the 
volume, it occupies the place of the southern States 
of our Union. 

Such is the outline of the accounts given in the 
Icelandic writers of the accidental discovery of this 
continent by the Northmen, and of the voyages which 
were subsequently undertaken by them for its explora¬ 
tion and settlement. In a luture article we shall ex¬ 
amine the question how far the narrative is intitled to 
credit, and, supposing it to be substantially true, on 
what part of the coast the Northmen probably landed. 


ID" A letter writer says—You will see more of filth 
and wretchedness in London in a day, you will be ac¬ 
costed by more beggars, than in Paris during a week. 
Indeed I have scarcely been saluted by a beggar since 
I have been here. Even New York is far worse than 
Paris in this respect. 


The Discovery of America by the Northmen. 

ARTICLE SECOND. 

In a preceding article we laid before our readers an 
outline of the accounts given by the Icelandic writers, 
as quoted in the volume before us, of the accidental 
discovery of the western continent by T the Northmen, 
and of the voyages that were subsequently undertaken 
by them for its exploration and settlement. On the 
present occasion, we propose to examine how far these 
accounts are enti led to credit; and, supposing them to 
be substantially true, on what part, of the coast the 
northern navigators probably landed. 

The first question that naturally occurs in regard to 
these accounts, is, on what authority do they rest?— 
The leading facts in the narrative have long been more 
or less familiarto the student in geography, and even 
to the reading public; but the power of ascertaining ex¬ 
actly the value of the evidence upon which they are 
founded, has hitherto been in possession of a very few 
persons,—those only who have had access to the origi¬ 
nal Icelandic manuscripts, which are locked up in the 
libraries of the North of Europe, and still more secure¬ 
ly concealed in a dialect which is very little studied out 
of the region where it is spoken. 

The principal object o f the work before us is to ena¬ 
ble the general reader, to settle this question for himself, 
by placing before him all the original authorities, ac¬ 
companied by translations into languages accessible to 
most educated men. So far as the authenticity of the 
leading facts is concerned, we have no hesitation in 
saying, that the evidence with which we are now fur¬ 
nished is to us satisfactory. It would be irrelevant to 
our present purpose, to go into a very full bibliograph¬ 
ical description of the authorities cited; but it will be 
easy, in a few words, to convey to our readers a cor¬ 
rect idea of their value and character. 

The work before us contains extracts from eighteen 
manuscripts, mostly in the Icelandic language, all of 
which either describe, or allude to, the discovery of this 
continent by the Northmen The passage containing 
the description or allusion, is, in each case, published 
entire, with Danish and Latin translations. The allu¬ 
sions made in some of these passages are brief and cur¬ 
sory,—giving no additional information, and serving 
only to authenticate the narrative contained in the oth¬ 
ers. The authorities chiefly relied on for the facts, are 
two manuscript works, one of which is entitled the 
Chronicle of Eric the Red, and the other the Chronicle of 
Thorfinn Knrlsefne. 

The Chronicle of Eric the Red is one of a considera¬ 
ble number of documents, contained in a large manu¬ 
script, commonly called the Flatey Manuscript, from 
its having been preserved a long time in a convent, in 
the island of Flatey, on the west of Iceland. It was 
presented, about a century ago, by the Bishop of Skal- 
iiolt to Frederic III, King of Denmark, and by him de¬ 
posited in the Royal Library at Copenhagen, where it 
is now kept. It is stated in the manuscript itself, that 
it was written at the close of the fourteenth century, 
by certain Priests, whose names are given. The Cliroiy- 
icle, as it appears in this collection, is composed of two 
parts, or chapters, entitled respectively, the Chapter of 
Eric the Red, and the Chapter of Greenland, both pur¬ 
porting to be extracts from a more ancient work on 
the life of Eric, which is not extant. The style of the 
work, and particularly of the poetical fragments that 
form a part of it, is that of the twelfth century. It 
does not appear, that there are any other copies of the 
i Chronicle of Eric in existence, excepting that which is 
1 contained in the Flatey collection. 11 is found, howev¬ 
er, in the Sweedish edition, by Perinskiold, of the Ice¬ 
landic wcrk, entitled Heimskrinqla, or the History of 
the Nortiiern Kings, by Snorre Sturleson, a celebrated 














THE NEW CONSTITUTION. 


359 


J2 elanciic warrior, statesman, historian, and poet, who 
flourished about the ytar 1200. But it is not contain¬ 
'd in any of the manuscript copies of that work, and is 
understood to have been incorporated into it from the 
Flatey collection by the translator. A fac simile of 
of this, as of the other manuscripts cited, is given in 
the volume before us. It is described as being in fine 
preservation, and beautifully written and illuminated, 
as appears, in fact, from the specimen given The his¬ 
tory of the manuscript is well known, and there is no 
reason to dount that it was written, as it purports to 
have been, at the close of the fourteenth century, at 
the convent, in Iceland, where it was formerly kept.— 
Of the earlier work on the life of Eric, from which the 
two extracts composing the Chronicle appear to have 
been taken, no copy is extant; and nothing is known, 
with certainty, of its date, composition, or character. 
It is supposed by the Danish Society, from internal ev¬ 
idence, that it may have been written originally in 
Greenland, and brought to Iceland at about the time 
when the extracts composing the Chronicle were cop¬ 
ied into the Flatey collection. 

The Chronicle (if Thorfinn Karlsefne, which is the 
other principal source of the narrative, is one of a col¬ 
lection of manuscripts, belonging to the Royal Library 
at Copenhagen, called the Arno-Magnesian Collection, 
from its having been presented to the library by a dis¬ 
tinguished Icelander named Arno Magnussen. The 
Chronicle is of the date of the end of the thirteenth, or 
beginning of the fourteenth century. It is beautifully 
written, and in fine preservation, as appears from the 
specimens. In preparing it for the press the editors 
have collated a number of other manuscripts, also pre¬ 
served in the library, which contain copies of this 
Chronicle. The narrative given in the work varies 
considerably in the particulars f'orn that given in the 
Chronicle of Eric. Thorfinn is put forward as the 
principal personage. Nothing is said of the discover¬ 
ies of Biarne, and but little of the voyage of Leif, al¬ 
though it is alluded to. Thorwald, who, according to 
the other account, made his voyage,and was killed be¬ 
fore that of Thorfinn, is here represented as one of his 
companions. The basis of the narrative is, however, 
substantially the same. Nothing is known respecting 
the authorship of this work; but it is comectured, { 
with great probability, by the Danish Society, that it ; 
was written by one of the immediate descendants of 
Thorfinn, through his American-born sou, Snorre. It 
•eerris that among these descendants were three bishops, 
who flourished in the course of the twelfth century.— 
All of these must have had the means, and some one 
•f them may very naturally have had the inclination 
to committ to paper, the knowledge possessed by this 
distinguished family of the expeditions of their ances¬ 
tors to the Western Continent. Bishop Thorlak, a 
grandson of Snoree, is the person whom the Society 
appear disposed to consider as the author, although 
there is no particular reason for attributing the work to 
him in preference *o the others, excepting he is known 
as the author of another work, on the Ecclesiastical 
Law of Iceland,and must, of course, have possessed 
•ome talent and apitude for literature. 

Either of these Chronicles would be considered, on 
the ordinary principles of criticism, sufficient authori¬ 
ty for any historical narrative, notin itsell improbable. 
A great part of what we know of the history of Greece 
and Rome, rests on the single testimony of Herodotus 
and Livy. But the concurrence in the case before us 
of two sources entirely independent of each other, 
strengthens the case very much. And although noth¬ 
ing is known, with certainty, of the origin and author¬ 
ship of either of the accounts, it is apparent that they 
were written without communication, as well from th e 
*bseuce of any community of thought or language 


treating the same subjects, as from the discrepancies 
between them on several points, to which we have allu¬ 
ded. Ifanv farther confirmation of the credibility of 
the narrative be thought necessary, it is afforded hv the 
concurrence of the sixteen other independent authori¬ 
ties quoted by the Society, all of which allude, though 
generally, in a cursoiy manner, to the expeditions to 
Wineland, as well-known events. One of these au¬ 
thorities is the Heimskringla of Snorre Sturleson, the 
most hnportant historical work in Icelandic literature, 
—which contains, beside the interpolated Chronicle of 
Eric, a passing allusion to the subject, by the distin¬ 
guished author himself. Among the sixteen additional 
authorities are two manuscripts of the thirteenth cen¬ 
tury, containing imperfect attempts at a universal ge- 
ography, or description of all the parts of the then 
known world. In both these Helluland, Marklaud, 
Wineland the Good, and Huitramannarland, are regu¬ 
larly mentioned in the proper connection with no moro 
expression of doubt as to their real existence, than there 
is iu regard to that of England, Scotland, or Ireland. 

This body of evidence is probably as strong as can be 
produced in support of any historical narrative, of which 
the scene is laid in an unlearned age, and in countries 
remote from the centres of civilization. Nor ought it 
to be considered as an objection to the credibility of 
the accounts, that they include a certain portion of mat¬ 
ter which is obviously fabulous,—such as tales of ap¬ 
paritions, divination, and sorcery. The introduction of 
this kind of machinery serves rather to show that the 
accounts were written, as they purport to have been, 
in a half-civilized age, and thus confirms, instead of 
shaking, the authenticitv of the narrative,—as the 
brown color and old-fashioned characters of an ancient 
manuscript, Instead of detracting from its value, are 
the very proof of its genuineness. If it were fair and 
fresh it would be good for nothing. In like manner, if 
these accounts, purporting, as they do, to have been 
written by half-learned and superstitious men of the 
middle ages, possessed the elegant style and philosophi¬ 
cal maturity of thought, which we find in Thucydides 
or Tacitus, we should pronounce them, without hesi¬ 
tation, to be modern fictions. 

The accounts of Herodotus and Livy, upon which we 
rely for nearly all our knowledge of the history of 
Greece and Rome, are mixed up with a plentiful infu¬ 
sion of this same fabulous material, which also figure* 
abundantly in all the histories of the middle ages. Te 
take a single example: The Emperor Charlemagne, is 
one of the most conspicuous characters in the early 
history of modern Europe. No one thinks of dispu¬ 
ting the reality of his existence, or the fact ofliis coro¬ 
nation at Aix-la-Chapelle, which was the seat of his 
government. But if wego back to the original sources, 
i from which we derive almost all our knowledge of him 
| —we mean the account of his life, by his private Secre¬ 
tary, Egiuhard,—weshall find itornamented with fable* 
which are, to say the least, quite as incredible as any 
thing of the kind to be found in the Chronicles of Thor¬ 
finn, or E r ic the Red. It is there stated that the Pope 
had ordered attendance at his corouation of three hun¬ 
dred and sixty-five bishops, one for every day in the 
year. On calling the roll there was found to be a defic¬ 
iency of two in the number, upon which, two bishops, 
j by name Mondulf and Gonduif, who had been dead 
about half a century, and were quietly reposing in 
their sepulchres at Liege, a city fifty miles distant from 
Aix-la-Chapelle, having been informed, in some unex¬ 
plained way, of the deficiency, burst their cerements, 
and repaired with all speed to Aix, where they arrived 
just in time to fill up the vacant places in the process¬ 
ion. Every reader of course rejects this part of the ac¬ 
count without hesitation; but no one considers it as 
throwing even a shaae of doubt over the authenticity 











THE NEW CONSTITUTION. 


v 

<M)iJ 


of those parts of the narrative, which are, in themselves, 
eonsistent with probability. In the same way the state¬ 
ments given in these Chronicles,that Tborwald iskill- 
©d by a one- footed nay —that Gudrida tells fortunes 
and sees apparitions, and so forth, are to be regarded as 
a kind of embroidery growing out of the taste and be¬ 
lief of a half-informed and superstitious community, 
and serving merely to show that the accounts, were 
written, as they purport to have been, under circum¬ 
stances of that description. 

This feature in the chronicles tends, therefore, to 
confirm rather, than to shake our belief in the credi¬ 
bility of the main facts. The only circumstance, which 
may, perhaps, be thought to bring it into question, is 
the description given of the climate of Wineland. It is 
distinctly stated, in both the chronicles, that there was 
neither frost nor snow during the whole year at the 
place where the Northmen made their settlement, and 
that the cattle were kept out at pasture through the 
winter. This is a description which certainly does not 
agree with the climate of any part of the coast of North 
America, and especially the more northeruly portions, 
which, it is probable from other circumstances, was the 
one visited by the Northmen. This difficulty cannot 
perhaps be entirely removed, and must be allowed the 
weight which eac h one forhiinself may choose to give 
it, in opposition lo the overwhelming mass of direct ev¬ 
idence in support of the leading facts 


.. „- -n the narrative. 

It maybe remarked, however, in the way of explana¬ 
tion, that the climate of the middle and southern parts ! at ^ rst v *« w > is quite irresistt 
of the coast of this continent would appear to be, and i this evidence, on such e 


eration, omitting the comparison, may -have simply 
said that there was little or no frost or snow. The little 
thus left may have melted away again in the mouth of 
some more enthusiastic narrator, so that when in the 
third or fourth generation, the accounts came into the 
hands of Bishop Thorlak, or whoever else may have 
written them Gown, our inclement climate had put on 
the aspect of an almost perpetual spring. 

As this explanation agrees with the manner in which 
the accounts are supposed to have been preserved, it u 
to us a satisfactory one. But admitting even that some 
shade of difficulty may still remain in regard to this 
point, it certainly does not outweigh the direct evidence 
from so many independent sources in support of the 
substantial authenticity of the leading facts of the nar¬ 
rative. 

On the whole, therefore, we have no hesitation in 
receiving as authentic history the statements that tho 
Northmen, about the commencement of the eleventh 
century, discovered and visited several parts of this 
Continent, to which they gave the names of Hellu- 
lavd, Markland and Wineland. The next question 
that presents itself is :—what were the parts of the 
coast thus discovered and designated ? The Danish 
Society, as we remarked in our preceding article, iden¬ 
tify Ilelluland with Labrador, Markland with Nova 
Scotia, and Wineland with Massachusetts and Rhode 
Island. They state their conclusion with great confi¬ 
dence, and offer evidence in support of them, which, 
rresistable. We are free to say 
examination as we have 


in fact would be, for the natives of the Hyperborean re- been able to give it, is not to our minds entirely satis- 

gions, a much more genial one than it seems to us_I factory. There is, however, we think, a great weight 

The African shivers over a fire in the midst of a New j °f probability in favor of their conclusions. The in- 
England summer; in like manner to the benumbed and 1 u ‘ r y involves an immense mass of details, which it is 
frost bitten sense of the inhabitants of Greenland or impossible to go into on an occasion like the present. 
Iceland, the winter suns of Newport would impart a : W® will briefly allude to the two or three most impor- 
leehmrni Fhveinin This consideration will account hint points. 


feeling of Elysium, 
lully for almost any general terms of satisfaction 


1. The first point to be taken into view in fixing tile 


which the Northmen may have spoken of the climate P re °i se locality of these discoveries, is the statement 
ef Wineland, and sufficiently explains the epithet yoot/, 1 £‘ veu ‘‘i the Chronicle of Eric, of the length of the 
which they applied to it. But the positive fact that shortest day in Wineland. If the translation given by 
there was no frost or snoiv, and that the cattle were I Ibe Danish Society of the passage containing this state- 
pastured out all winter, seem to require a more posi- j ment > be correct, the question is of course decided be- 


tive explanation. Had any one of the original navi- J y° n d dispute, and all other indications must be made te 
gators— i'horlinn for example—after passingthree win- ! ta hy w ‘th as well as they can. Tho Society trans- 


, _ r _lg th. „„ li¬ 

ters in Wineland, written himself, an account of his 
voyage in which he stated that he hadseeu neither frost 
nor snow, it would be necessary to suppose, if we ad¬ 
mitted the general credibility of his narrative, that he 
had visited some region very far to the south of New 
England. But the difficulty is much diminished, if 
not entirely removed, when we recollect that these 
accounts were probably handed down for two or three 
generations in the families of theoriginal navigators, by 
oral tradition. It is evident that the discoverers gave, 
on their return, a glowing accouut of the climate and 
soil of the new-found region, They came back—like 
the spies sent out of old, by Joshua, into the promised 
land—loaded with grapes, and told wonders of the pro¬ 
ductiveness and beauty of the country they had visited. 
Hence the significant name of Wineland, and the en¬ 
dearing epithet of the. Good. In repeating these won¬ 
ders to the next generation, the sons and daughters of 
tne discoverers may very probably have exaggerated 
the natural advantages of the place, especially after it 
had come to be considered a sort of Paradise Lost; and 
may even have introduced gradually some posiiive 
facts not included in the original narrative. The dis¬ 
coverers may have said, for example, that there was no 
trost or snow, compared with the quantity that usually 
tell in Iceland and Greenland; or that, comparatively 
speaking, there was no frost or snow. The next oen- 


late the passage alluded to as follows : 

‘The days were more nearly equal in length than in 
Greenland or Iceland. On the shortest day in the year, 
the sun rose at half past seven o’clock, and set at half 
past four.’ 

This account of the length of the shortest day fixe* 
the latitude of the place where the observation was 
made, at 4! deg. 24 min.and 10 sec. Point Judith lies 
in 4i deg. 23 min. If therefore this translation be a 
correct one, th« country denominated Wineland by the 
Northmen must have been situated somewhere in th* 
neighborhood of Cape Cod, and extended itself over a 
great part of the coast of Massachusetts and Rhode 
Island. 

Evidence of this character seems at first v’ew, as wa 
remarked above, to be quite irresistible. There is n« 
possibility of error excepting in the correctness of the 
translation, and it is hardly to be supposed that a learn¬ 
ed Society should not be able to give a correct transla¬ 
tion of a short passage of three lines, written in a lan¬ 
guage which, in its modern form, is doubtless spoken 
by several ol the members as a native tongue. It may 
even appear presumptuous in foreigners, very sligliily 
acquainted with the Icelandic dialects, to pretend to 
dispute their opinion ; and it must, we think, be ad¬ 
mitted that this translation of the passage in question, 
given,as it appears to be, with perfect confidence by 







THE NEW CONSTITUTION. 


361 


die Danish Antiquaries, furnishes a strong presump¬ 
tive argument in favor of their conclusions, and throws 
a great degree of probability over their whole system. 
It is, however, frankly admitted by them that the pas¬ 
sage is obscure, and that its meaning has been the sub¬ 
ject of great controversy. Without going into the 
subject very much in detail, we will endeavor to state 
the nature of the difficulty as we understand it. The 
passage of which the Society give the above transla¬ 
tion, or rather paraphrase, as it stands in the original 
Icelandic in the Chronicle of Eric, is as follows : 

Meira vnr par jafndcegri rim a Grcenlandi edr Islan- 
di : sol hafdi par eyklarstad ok daymalastad um Skum- 

4<gi. 

The meaning, if we understand the passage correct¬ 
ly, is this : 

‘The days were more nearly equal in length than in 
Greenland or Iceland ; for on the shortest day in the 
year, the sun rose at breakfast lime.' 

The Society obtain the sense which they have given 
to the pa-sage by interpreting the word daymalastad, 
which literally means breakfast time, —half past seven 
o’clock. It appears, in fact, that this word is, or has 
formerly been, used in Iceland to designate some par¬ 
ticular hour, but authorities unfortunately are not 
agreed as to what that hour is or was ; and hence re¬ 
sults, in part at least, the obscurity of the passage. It 
would seem from some of the writers quoted, that in 
the division of the day anciently used in Iceland, the 
word daymalastad or breakfast time, was appropriated 
to nine o’clock in the morning. This construction ap¬ 
plied to the passage in question, would make the short¬ 
est day in Wineland only six hours long, which is 
about the length in Iceland and Greenland. Thus con¬ 
strued, however, the passage would be inconsistent 
with itself, as it states expressly that the days were 
more nearly equal in length, and of course that the 
shortest day was longer, than in Iceland or Greenland. 
This construction is also wholly inconsistent with the 
account of the climate, which, if it required some forc¬ 
ing to reconcile it with that of New England, is whol¬ 
ly irreconcileable with that of the coast of Labrador. 
Another authority, one of the principal Icelandic dic¬ 
tionaries, quoted by Torfasus, gives to the werd in 
question the meaning of eight o'clock. This construc¬ 
tion makes the shortest day pight hours loug, and 
places Wineland in the latitude of Nova Scotia. Fi¬ 
nally, Perinskiold,the Swedish translator of the Heim- 
ekringla, into which, as we have remarked, the Chroni¬ 
cle of Eric has been incorporated, gives in a parenthe- 


II. It is impossible, in fact, to follow the Northmen 
in their course, as described in the accounts and touch 
with them at the places they successively visited, with¬ 
out perceiving that you are brought to the southeastern 
coast of New England. Let us trice, for this purpose, 
the first exploring expedition that was fitted out under 
Leif, after the accidental discovery by Biarne. He 
steers a southwest course, and after two or three days’ 
sailing, reaches a coast composed of flat barren rocks, 
rising in the distance into ice-bergs. This is necessa¬ 
rily, from the description, the coast of Labrador.-— 
They set sail again, and in two or three days more, on 
making land a second time, they find the face of the 
country changed. Instead of flat barren rocks and ice¬ 
bergs, they now describe a sandy shore rising into bills 
covered with wood. This description would corres¬ 
pond well enough with many parts of the American 
coast; but from the distances run, the country must 
be the most northerly part of the region where the nat¬ 
ural forest takes the place of the perpetual snows and 
icebergs of Labrador. Ii must, of course, be some 
point on the coast of Nova Scotia, New Brunswick or 
Newfoundland. They putto sea again, and steering a 
southwest course with a fair wind, find themselves, af¬ 
ter two days’ sail, in a different climate, which, on their 
unaccustomed senses, produces the effect of perpetual 
spring. The glowing description which they have giv¬ 
en of this region, has, in the minds of some, thrown a 
shade of doubt over the whole narrative ; but after all, 
the leading facts are indisputable. This earthly Para¬ 
dise must therefore, be somewhere on the coast.— 
Where are we too look for it ? The courses and dis¬ 
tances run, carry us directly to the southeastern part 
of the coast of New England. Two days’ sail from 
Nova Scotia could not possibly have brought the navi¬ 
gators further south. But even if wo were at liberty 
to include in our survey the whole coast as far as the 
mouth of the Chesapeake, we could not find a spot 
which, on the whole, corresponds better with the des¬ 
cription than this. Rhode Island and the neighboring 
islands and main have always been regarded astheEdeu 
of the Eastern States. Sheltered from the bitter east¬ 
erly winds by the protecting screen of the Cape ; en- 
joying, on the other side, a southerly breeze, raised to a 
more than ordinary heat by the genial warmth of the 
gulph stream, which is here only a hundred miles dis¬ 
tant from the coast, they possess a climate much mild¬ 
er than that of any other pait of New England, and 
also milder than most other parts of the coast, even i» 
more southern latitudes. The point to which th** 


sis, as au explanation of the word dagmalastud, —j courses and «iista.nces run, naturally bring us is, there¬ 
fore, the one which agrees better than any other upon 
the coast, in its climate, with the description given.-— 
And if this description appears a little exaggerated, as 
compared with the climate of even this favored region, 
we need not wonder, as we have already remarked, that 
a scene in itself so delightful, bursting in this way with 


or seven o'clock ! ! ! Perinskiold, himself a distinguish¬ 
ed scholar, is known to have been assisted in his trans- 
latieu by a iearned Icelander, so that his authority on 
the question is not inconsiderable ; but the vagueness 
of the language which he has employed, renders his 
testimony in a great measure useless. If we suppose 


the meaning of the word to be six o'clock, we carry all the charm of novelty, upon the eyes of our frost 
down Wineland at once to the Equator if seven, or bitten Northmen, should have assumed in their a«- 
as a medium half past six, we bring it back to some ! counts, especially after passing through two or three 
point on the coast of the United States, considerably generations of oral tradition, a glow beyond that ot Ha- 
south of New England. There nre, therefore, respect- ^ure. 


able authorities for several different meanings of the 
word daymalastad, by the use of one or the other of 
which the passage in question might be reconciled with 
almost any meaning tiiat should appear probable on 
other grounds. 

On the whole, this passage which, if clearly written, 
would be decisive in regard to the locality of Wine- 
Jaud, is, from its obscurity, of little or no value. For¬ 
tunately, the indications afforded by the climate, soil, 
and natural productions of the country,—the courses 
and distances run, and the description of the coast are 
far more satisfactory. 


The indications afforded by the courses and distances 
run, and by the description of the climate, point, there- 
| fore, directly to the southeastern part of New Eng¬ 
land, as the spot visited by the Northmen. The natu¬ 
ral productions of that region fully confirm this con¬ 
clusion. The fruit which chiefly attracted their atten¬ 
tion was the grape; and the abundance of it struck 
them so forcibly as to characterize the face of the coun¬ 
try. They gave it the name of Wineland. In thi* 
respect, the southeastern part of New England realize* 
the description given. The grape is its most abundant 
and remarkable fruit; and this is more particularly true 










362 


T' ! E NEW CONSTITUTION. 


of the country around Narragansett Biy. We have 
been informed that the forest between Providence and 
Taunton, is everv where filled with grape-vines, and 
tn some places almost choaked up bv them. On the 
re-discovery of the coast by the English, the abund¬ 
ance of grapes struck them not less forcibly than it 
had done the Northmen. They gave to one of the isl¬ 
ands the name of Vineyard, which it still remains. A 
remarkable proof how uniformly the abundance of 
grapes has been regarded as a prominent feature in the 
vegetation of this part of the country, is afforded by the 
pharter of Rhode Island, which enumerates the culture 
of this fruit, and the manufacture of wine, as among 
the motives for forming the settlement. 

This exact concurrence of all the indications afford¬ 
ed by the courses and distances run, the description of 
ihe climate, and the natural products of the soil in fa¬ 
vor of one and the same point, cannot well be acciden¬ 
tal. The conclusion to be drawn from it is confirmed 
by the description given of the coast. The most prom¬ 
inent object that arrests the attention of the navigator 
on the coast of New England, is the promontory of 
Cape Cod. In the description given by the Northmen 
of the coast of Wineland, the most prominent object 
is in like manner a promontory, denominated by them 
Kialarness, or Keel Cape, from its resemblance in form 
to the keel of a ship. When it is recollected that the 
ships used by the Europeau mariners in the middle 
ages, were imitated from those of the ancients, and had 
keels rising in a curve Jat the bows, like the iron of a 
skate, we perceive at once that Keel Cape is an appro¬ 
priate designation for the promontory in question. The 
ooast of Kialarness was called by the Northmen Fur- 
dustrandar ,—a far extended, or, as some translate it, a 
wondrous beach or strand,—an additional feature which 
agrees with the geography of Cape Cod. Keel Cape 
is also represented as opposite another Cape. These 
coincidences would, perhaps, be considered as suffi¬ 
cient of themselves to identify Kialarness with Cape 
Cod; and when a variety of evidence, drawn from 
sources entirely independent of each other, leads us to 
look for the former ou this part of the coast, there can 
remain, we think, but little if any doubt upon the sub¬ 
ject. 

Assuming on these grounds that Massachusetts and 
Rhode Island are the Wineland of the Northmen, and 
that Cape Cod is their Kialarness or Keel Cape, we ob¬ 
tain a point of departure from which we can follow 
them in their subsequent course ; and the correctness 
of the assumption is again established by the new co¬ 
incidences that meet us at every step. After passing 
the long sandy beach, the Northmen proceeded to the 
southwest, and reached a bay before the mouth of 
which was an island. Here the currents ran very 
strong, and the ocean was filled with islands and shoals. 
It is hardly necessary to say that this is a correct de¬ 
scription of this part of the coast. The Society sup¬ 
pose that the bay alluded to is Buzzard’s bay, and the 
island Martha’s Vineyard. On one of these islands, i 
the Northmen found such a number of birds, that 
they could hardly step without treading upon their 
eggs. One or more of the islands on this part of the 
coast, are now called for the same reason, the Egg Is¬ 
lands. Proceeding farther west, they came to a river 
which formed a communication with an inland lake. 
The Society identify these with Pocasset river and 
Mount Hope bay. The Northmen passed up the river 
into the lake or bay upon the banks of which they 
formed their settlement, denominated Leif’s Booths .— 
The lake or bay they called Hop or Hopi, an Icelandic 
word, equivalent to the English Haven. The Society 
identify this word with the modern name Hope, which 
is still attached to this place ; and it is certainly a sin¬ 


gular coincidence, if it be an accidental one, that th« 
place to which we are almost irresistibly led by an 
overwhelming mass of evidence from so many separata 
and independent sources, as the seat of the settlement 
of the Northmen, should still retain a name so nearly 
resembling that which they gave to it. Whether this 
coincidence can be fairly accounted for, by supposing 
that this name was perpetuated by tradition among 
some of the Northmen, who may have remained 
among the natives,—whether it had been rendered 
familiar to the natives while the Northmen remained 
in their neighborhood, and afterwards remembered and 
permanently applied to the place ; or whether the re¬ 
semblance is, in fact, entirely accidental, are points 
which we have no means of settling with certainty, 
and which are not material to the leading question at 
issue. 

On the whole, the indications afforded by the cours¬ 
es and distances run, the climate, soil, and productions 
of the country discovered, and the outline of the coast 
seem to us to identify the Wineland of the Northmen 
with Massachusetts and Rhode Island, ami to indicat* 
the southeastern part of the coast of these Slates, as 
the place where thoy formed their settlements. Thus 
far our conclusions approach as nearly to certainty us 
perhaps could be reasonably expected in a case of this 
kind. It is impossible, of course, to feel tlm same as¬ 
surance in regard to the minute details which never¬ 
theless carry wiih them a great appearance of proba¬ 
bility. 

III. Considering it as well established, that the 
Northmen visited the coast of this Continent at the 
commencement of the eleventh century, and formed a 
temporary settlement upon it, probably within the 
limits of the present state of Rhode Island, it may, 
perhaps, be naturally expected that some traces of their 
occupation should remain upon the face of the country. 
That none such are known to exist, lias accordingly 
been made an objection to the credibility of the whole 
narrative. In reality, however, the nature of the set¬ 
tlements formed by the Northmen, as described in these 
Chronicles, was not such as to render it probable that 
any considerable remains of them would have been in 
existence when the country was again visited by the 
Europeans, five centuries afterwards. Of the several 
expeditions of the Northmen, that of Thorfinn, which 
was the most important, remained only three years 5 
none of the others more than one. I’he buildings 
which they erected during these short residences, could 
not well be of a very durable character, and must hava 
disappeared entirely long before the re-discovery. 

But though we ought not to expect to find any con¬ 
siderable architectural monuments of the residence of 
the Northmen in Wineland, it would, perhaps, be nat¬ 
ural to suppose that they may have endeavored to leave 
behind them some permanent memorial of their pres¬ 
ence. Navigators of all countries who touch, land 
upon, or temporarily occupy what they regard as a 
previously undiscovered territory, commonly erect 
some more or less durable monument with an inscrip¬ 
tion, indicating the date an i circumstance of 1 lie dis¬ 
covery. These considerations may be thought to give 
some degree of antecedent probability to the explana¬ 
tion given by the Danish Society, of the celebrated in¬ 
scription on Dighton Rock. The greater or less de¬ 
gree of impor!ance which may be attached to this in¬ 
scription, in no way affects the credibility of the gen¬ 
eral conclusions to be drawn from the Chronicles, 
which rest, as we have shown, on evidence entirely in¬ 
disputable. If, however, it could be proved, as the 
Danish Society believe, that this inscription is of Nor¬ 
man origin, it would afford a decisive, and very eurioo* 
confirmation of the truth of the whole history. 












THE NE\^ CONSTITUTION. 


363 


Tlie inscription, as most of our readers who take 
any interest on the subject, are probably aware, is 
found upon a rock lying on the east side of Taunton 
River, in the town of Berkely, in Massachusetts, on- 
posite to^ Dighton, from which the rock has taken its 
name. The rock is about twelve feet long, and six 
»eet nigh. At high tide about two feet of the lower 
part are under water. It is of gray wacke, and of a 
bluish tinge. The weather and the flow of the tide 
upon the lower part of the rock, have effaced a portion 
of the inscription, which is evidently of great antiquity. 
It has often been copied, and with various degrees of 
accuracy. The most recent copy, which was made 
under die direction of a Committee of the Rhode Is- 
.and Historical Society, with great care, expressly for 
the use of the Danish Antiquarian Society, is no doubt 
by far the most accurate that has yet been taken. En¬ 
gravings of this and all the oth°r copies are given in 
the volume before us. The inscription is supposed by 
the Danish Society to exhibit in Roman characters, of 
the torm used in the middle ages, the name of Thnr- 
>nn, the leader of the principal expedition of the 
Northmen, and in Roman numerals, the number one 
hundred and thirty one, which was, in fact, the number 
of his company at the time when the settlement wfs 
made, together with a femp.le figure and an infant, in¬ 
tended, as they believe, to commemorate the birth of 
Tlioifitin’s son. In order to preclude any suspicion 
which might arise that the Committee, in making their 
copy of the inscription, had unconsciously accommo¬ 
dated it to some preconceived theory, respecting the 
visitof the Northmen, it may be proper to add”thet 
they were not at the lime acquainted in detail with 
the expeditions to W ineland; and, in particular, were 
not informed of the name of the leader of the princi¬ 
pal expedition, of the number of his men, or of the 
fact that he had a sou born in the country. It is of 
course, impossible to enlarge upon this part of the sub¬ 
ject without drawings, and we must therefore refer our 
readets for further particulars to the volume before us, 
where it is treated at great length. We are informed 
by the respectable Si cretary of the Rhode Island His¬ 
torical Society, Dr. Webb, that he has very recently 
received a letter from Air. Rafn, the editor of the work, 
in which he states 'hat the Danish Socieiy have suc¬ 
ceeded in decyphering an ancient inscription upon the 
Paradise Rock, in Iceland, which establishes, as he 
aays, beyond a doubt, the European origin of the in¬ 
scription at Dightcn. Of the correctness of this opin¬ 
ion we shall be better able to judge when we. receive 
the memoir upon the subject, which is now in a course 
of publication. 

Such are the principal particulars that are known to 
us respecting the discovery of America by the North¬ 
men, so far as our limits have permitted us to go into 
them; and such are the conclusions in regard to their 
credibility, to which we have been led by the conside¬ 
ration which we have been able to give to this curious 
subject. Tite main facts in the narrative appear to us, 
as we have repeatedly remarked, to be satisfactorily at¬ 
tested, and we have no hesitation in receiving them as 
a portion of authentic history. They are i ti themselves 
probable, and are supported by as strong a body of tes¬ 
timony as can be produced, in favor of any historical 
narrative ol which the scene is laid in times and coun¬ 
tries distinguished by an imperfect state of civilization. 
The identity of W ineland with Massachusetts and 
Rhode Island, also appears to be fully proved. Throw¬ 
ing out of view all the evidence of this that may be 
regarded as in any way doubtful, fuch as the length of 
thesh°Hest day, the name of Mount Hope and the in¬ 
scription on Dighton Rock—there is enough in the 
courses and distances run,—the climate, soil and natural 


products of the country discovered, and the character 
of the coasts to place the matter beyond controversy. 
Further researches may elucidate the point still farther 
In these we have reason to to expect much from the 
learned labours of the Historical Society of Rhode Is¬ 
land, to whose able and intelligent cooporation with 
the Danish Antiquarian Society,we are in a great degree 
indebted for the new light that has been thfo'-n by the 
volume before us, upon this interesting episode in the 
ancient annals of America. To both these institutions, 
and particularly to Mr. Rafn and Dr.Webb,who have had 
the principal agency in carrying on the work in their 
respective countries, we offer with confidence thegrate- 
fnl acknowledgements of the lovers of geographies 
and antiquarian learning. 

From the St. Louis Reveille. 

Peace Congress at Paris, 

We have not yet received the full report of the pro* 
ceedings of this body, although some little time has 
elapsed since its adjournment. IleDry the Fourth, of 
Navarre, as we learn from Sully’s memoirs, was the 
first individual in modern times who originated a plan 
for the preservation of a permanent peace in Europe. 
This scheme provided fora Congress of Nations to be 
assembled at stated periods, the representation to be 
equal as between sovereign States, and the physical 
force, of the whole to be pledged to the duty of enforc¬ 
ing the requisitions of the Congress. In that day the 
dominion of brute force was too absolute to give any 
prospect of success to the plan, and since then, although 
philosophers and philanthropists have sketched out a 
variety of plans of organization for such a Congress, 
nothing has been brought forward by any one occupy¬ 
ing a position which would enable tiiem to exercise a 
controlling influence, in the affairs of Europe. There 
have been large alliances and partial combinations in 
Europe at several periods, for the promotion of harmo¬ 
ny among the members of them, but all these combina¬ 
tions have had war upon others as an object, as well as 
peace among themsplves. Of this character was the 
Hanseatic League, the Confederation of the Rhine, 
and the Holy Alliance. 

In the present condition of European affairs, there is 
but slight hope, indeed, of accomplishing a design 
which looks to the moral power of the world for its 
support. The conquest of Hungary, and the victories 
of the leagued despots in Italy and northern Germany, 
have re-established the dominion of brute force ; and 
it is expecting too much of those who hold power by 
the ignorance, the vice, and the degradation of the 
masses, to expect them to give impulse to the moral 
tone of the nations. The conflict upon the continent 
of Europe is essentially a contest between power and 
right ; the one sustained by ignorance, crime, and 
physical force, and the other deriving its strength en¬ 
tirely from education, science, and the moral instincts 
of mankind. Iu sucii a conflict, with the experience 
which despotism has already had of the force of moral 
causes, is it to be anticipated that the powers that be, 
which have so recently triumphed, will voluntarily 
give life and activity to tile very causes from which 
they have the most to fear ? Most certainly not.— 
The suffering million must look to other sources for 
aid ; a just Providence will sustain the friends of the 
people in the loug war of public opinion vet to be wag¬ 
ed, and liberty and happiness will yet be evolved out of 
the troubled elements of European society. 

Twenty thousand dollars worth of dry goods were 
seized in New Orleans on 5ih inst.,on the British ship 
Gossip, for an attempted evasiou of the revenue law by 
means of a false invoice. 













THE NEW CONSTITUTION. 


364 


The Social and Political Condition of Cuba. 

As all eyes are now directed to our neighboring Span¬ 
ish island, in consequence of the interest in the public 
mind respecting an alleged attempt at revolution, it de¬ 
volves upon the Dress to give its readers whatever in¬ 
formation may be imparted to us, touching the politic¬ 
al and social condition of the Island of Cuba. We give 
below a few extracts from a late number of the Demo¬ 
cratic Review, which seems to come from a writer pos¬ 
sessing a practical knowledge of the affairs on the 
island : 

When the Government, in 1836, changed its policy 
in relation to the island, rejected its delegation, and de¬ 
termined upon wringing as much money from it as 
possible, it became necessary to enhance the number of 
the troops, to restiiet the privileges of the tax-payers, 
and to stimulate the vigilance of the Government in ev¬ 
ery way calculated to suppress the discontents which 
the increased burden would not fail to produce. It is 
needless to enter into the detail of taxes. It may be 
stated in a few words, that to such a condition have af¬ 
fairs now reached, that the Cuban is taxed beyond tiie 
exactions imposed on the citizens of any other known 
community ; he is at the mercy of the military; he 
can neither write, read, nor speak upon political sub¬ 
jects : he cannot go a mile from his home without 
purchasing a passoort ; and is liable, at any hour of the 
day or night, on any pretence, to be removed from his 
family, and incarcerated in a dungeon, where his in¬ 
nocence of offence can only be made manifest by the 
exhibition of large bribes ; every action of his life, the 
buying of a servant, the selling of a house or land, the 
killing of an ox, has its specific tax exacted with re¬ 
morseless rigor. Tiie aggregate of these impositions 
make up the sum of nearly $20,000,000 extorted from 
the planters per annum. From this sum is deducted 
the expenses of the Captain General, his Spanish 
troops and officers employed in the extortion, with all 
the machinery of spies and police, and the remainder is 
shipped to swell the coffers of the dissolute Govern¬ 
ment at home. Tne Captain General stands best with 
his Government who sends the largest sum to Madrid, 
no matter what may be the effect upon the Cubans. 
******** 

The Cubans, in their natural aspiration for liberty, 
have been checked by the fact, that being deprived of 
arms by the Government, they are piaced on one hand 
in danger of the insurrection of slaves forced on them, 
and on the other at the mercy of a foreign mercenary 
and l centious soldiery quartered among them. Under 
these circumstances, they perceive that their only 
chance for freedom is from foreign aid, around which 
they can rally, give expression to their opinions, and 
assert their rights in the Government. They now pay 
$20,000,000 per annum to their oppressors. In little 
more than two years that sum per annum sufficed the 
United States to defray the expenses of the conquest of 
Mexico. The hardy character and indomitable enter¬ 
prise manifested by the Americans in that war, pointed 
out at once the feasibility of employing a sufficient 
force to disenthral Cuba, and to allow, henceforth, the 
wealth of the island to accumulate within itself, to the 
enrichment of all classes. Accordingly, an extensive 
organization was formed in Cuba and out of it. In 
New York was established an able periodical, called La 
Verdad. to advocate the cause of Cuban freedom.— 
Many of lie articles inserted in this paper were written 
in Hu\ an , and some by Cubans who had become citi¬ 
zens ol uie United States. Several persons accused of 
writing those articles were arrested in Cuba ; among 


others, Machin, Tolon, and Villaverde. Tolon was 
condemned to death for having, as an American citizen, 
written in the United States, and published in New 
York, articles in favor of the freedom of his native 
country. Villaverde is a scholar, full of the generous 
enthusiasm and patriotism natural to a cultivated mind. 
He is the organ of a formidable organization, extend¬ 
ing throughout the island, and embracing many res¬ 
pectable and influencial families, whose object is to 
achieve the independence of Cuba. He wascondemn- 
ed to six years transportation to Africa, to wear chains, 
although nothing could be proved but that he corres¬ 
ponded with Tolon, He was confined in the gloomy 
castle of Havana, in the same dungeon with another 
prisoner sentenced as a fraudulent bankrupt. 

******* 

Under tiie influence of annexation, the property of 
the Cubans would immediately equalize with that of 
similar property in the United States, and the sugar 
planters of Louisiana would find, in the hitherto un¬ 
touched soil of Cuba, the means of underselling the 
world in sugar ; while the capacity of Cuba to pur¬ 
chase and consume beef, hams, flour, and other supplies 
of the Western States would develope itself in an al¬ 
most limitle s degree. The $20,000,000 now drawn 
from the island, annually, for remittances to Madrid, 
accumulating in the island as a capital in the employ¬ 
ment of its free industry, would draw desirable settlers 
from all nations to avail themselves of its limitless ad¬ 
vantages. _ 

ImprisoDmenl for 

The subject of the abolishment of Imprisonment for 
Debt is being agitated in Georgia, and there is a strong 
feeling evinced in its favor. The Baltimore Sun ex¬ 
presses the earnest desire that this wise and benevo¬ 
lent policy may prevail in Maryland,and remarks: 

‘‘Recently the measure has been adopted in Virginia, 
while yet Maryland has this blot of a less enlightened 
and more illiberal age resting upon ner. Thus has our 
otherwise glorious State, with culpable indifference, 
allowed a high principle of progress to pass over her 
from the North and become engrafted upon the South, 
while yet our legislators have not awakened to a sense 
of the shame such a course brings upon us. It cannot 
be doubted, however, that the people will, ere long, vin¬ 
dicate themselves in the matter. It should be one of 
the chief objects of a Reform Convention to do this. 
The people of Maryland certainly do not possess less 
of tiie humane and rational spirit of the day than is to 
be found among their fellow citizens on either hand.” 

EfThe British Despatch thus proclaims British re 
sistance to further territorial encroachments on the part 
of Russia: 

“Is not Russia large enough for the Scythian hordes? 
In the vast plains of Siberia there is surely room and 
verge enough for the most boundless ambition. Alex¬ 
ander of Macedon wept at the thought there were no 
more kingdoms for subjugation. The Czar may imi¬ 
tate his example, for Europe does not intend to relapse 
into Slavonic barbarism. There is a limit to the endu- 
i ranee of English statesmen, to the dolce far nicnle of 
| diplomatic life.” 

/ _- - 

. The Philadelphia North American states that a pri- 

ate letter was received in Philadelphia on Sunday, 
from a respectable source in Charleston, stating that 
intelligence had just reached that city,announcing Mr. 
ICalhuon’s purpose to resign his seat in the Senate ol 
[ the United States at an early day. 














THE NEW CONSTITUTION. 


3G5 


Ohio Capitol Buildings. 

Among the entire list of public buildings in Ohio, 
there is none that will at all compare in magnificence, 
with the State House now in the course of erection.— 
Although it will cost the state a very large sum of 
money, still it will be found in the end to be a judicious 
expenditure, as it will be a safe and reliable place for 
depositing the state records and library, and suitable 
apartments will also be set apart for the various state 
offices, as well as the Representative and Senate cham¬ 
bers. The State of Ohio, with a population of two 
millions of souls, ranking as she does as the second 
agricultural state in the Union, is entitled to better 
state buildings, than the present old and dilapidated c f- 
fices that stand fronting on High Street. A stranger 
visiting the capital of Ohio, if a person of refined 
taste, would very naturally associate the character of 
the state, with the condition and character of its pub¬ 
lic institutions. In this comparison every thing would 
go off very creditably until the old State house, with 
the public offices adjoining to it, became the subject of 
a careful investigation. If it were not that active 
means are being and will likely to continue to be, em¬ 
ployed in the erection of new Legislative buildings 
and public offices, the leading statesmen of Ohio 
would well deserve censure. The new Capitol is 
adapted for a state with a population of six or eight 
millions of souls. In a period of 40 years, it is reas¬ 
onable to suppose that the state of Ohio will double in 
population, and the rateable property will probably 
double in periods of twenty years or less. Those who 
designed the new Capitol building must have had the 
future requirements of the state in their eye, when 
they decided upon the plan of the new edifice, as it is 
probably not too large for the amount of business that 
will have to be executed within its walls during the 
next ensuing thirty or forty years. 

The work is progressing with as much alacrity as could 
be expected, and doubtless liberal appropriations will be 
made by every succeeding Legislature, until the entire 
building is completed,which probably will require a pe¬ 
riod of four years. 

It may not be found uninteresting to a large portion 
of our readers, if we should submit a brief outline of 
the architectural character of this edifice. 

The building is located a little east of the old State 
House, in the centre of a ten acre lot. The lot, when 
the building is completed, will be planted with orna¬ 
mental and forest trees, and be laid out in neat and in¬ 
viting walks, for the public. It stands on a terrace 18 
feet wide, which extends around the entire outer wall, 
and is 8 feet in height. Its superficial measure on the 
foundation is 304 feet by 184 feet. 

The plan of the building is a plain parralielogram, 
with recess porticos 15 feet wide on each side. The 
east and west porticos are 117 feet wide, and the north 
and south, 57 feet wide; being built after the Greek 
Doric order. 


1 he columns will be 36 feet in height and 6 feet tw« 
inches in diameter. The height of the building is to be 
about 70 feet, and will be crowned in the centre by a 
rotunda, which in its highest point will be 176 feet from 
the ground, and 76 feet in diameter. 

T lie entire outer wall of the building is to be con¬ 
structed of chisselled dressed lime stone, which is found 
in the neighborhood of Columbus. 

Ihe building will be approached by wide flights of 
steps opposite the porticos on each side ; and the en¬ 
trance will be by a door way, on each side under each 
portico, opening into vestibules or halls leadingdirectly 
to the floor of the rotunda. The vestibules east and 
west are to be 24 feet by 35 feet, and 56 feet in length. 
On the north and south sides they are to be 24 feet 
wide by 96 feet in length. From these vestibules are 
halls leading to the various public offices of the state. 
On this floor there will be 28 rooms or offices of large 
size many of which will average 28 by 43 feet. The 
whole of these rooms are to have stone floors, resting 
on brick arches (these arches being already turned) 
with vaulted ceilings, thu3 rendering the rooms entirely 
fire proof. 

The floor of the rotunda, will be 6 feet 8 inches 
above the floors of the public offices and will be ap¬ 
proached by the aid of a flight of steps. The room 
will be 64 in diameter in circular form, and 124 feet In 
height from the floor to the eye of the dome ; and will 
be used principally tor public meetings, &c. This 
room will be lit by a sky light 16 feet in diameter.— 
From this rotunda flights of steps will lead to the sec¬ 
ond floor on which will be the Halls for the Senai# 
and House of Representatives, and also the Library, 
and the various Committee and Court rooms. &c.’ 

The Representative Hall will be 84 feet by 72 feet, 
and the Senate 72 by 54 feet. The Library 84 feet by 
56 ; and the Court room 56 by 43 feet; affording am¬ 
ple room for the representatives, senate, committees, 
and the Supreme and the United States Court. 

The cellars will be used for the storage of fuel and 
for the necessary apparatus for heating and lighting 
the building. 

Cost of Railroads in England. 

The railway commissioners, in a report which they 
are preparing to be laid before parliament, estimate that 
at the end of 1848 rather more than £200,000,000 (two 
hundred millions) had been expended upon railways: 
that the companies retained power to expend upon au¬ 
thorised railways £140,000,000 (one hundred and forty 
millions,) and that the extension of time which has 
been granted will allow this expenditure to be distrib¬ 
uted over five or six years. It is also estimated that 
roads costing £50,000,000 will be abandoned. Hence 
it follows that in four or five years the sum expended 
on railways will amount to nearly £300,000,000, or 
three hundred millions of money. An English railroad 
in favorable situations and with double track, costs 
about £10,000 per mile ($4,000.) 






366 


THE NEW CONSTITUTION. 


Questions Asked and Answered. 

“ Those who arc not for us arc against us — 
We see an opinion expressed in the ‘Statesman,’ 
‘Ohio Times,’and in other papers, that all the votes 
cast in silence upon the subject of a Convention, 
will be deemed and taken and counted as being op¬ 
posed to a Convention. We should like to know 
theauthority for entertaining such an opinion, or 
;hc way inwhich the papers arrive at such a conclu¬ 
sion,—We don’t believe any such doctrine. 

[Newark Advocate. 

The Constitution of the state, Art. 7, See. 5, says: 

“Sec. 5. Thatjafter the year one thousand eight 
hundred and six, whenever two thirds of the gene¬ 
ral assembly shall think it necessary to amend,or 
change this constitution, they shall recommend to 
the electors, at the next election for members to 
the general assembly, to vote for, or against a con¬ 
vention; and if it shall appear that a majority of the 
citizens of the State, voting for representatives, 
have voted for a convention, the general assembly 
shall, at theirnext session, call a convention, to 
consist of as many members as there be in the gen¬ 
eral assembly; tobe chosen in the same manner, at 
the same place, and by the same electors that choose 
the general assembly; who shall;meet within three 
months afterthe said election, for the purpose of re¬ 
vising, amending or changing the constitution. 
But no alteration of this constitution shall ever take 
place, so as to introduce slavery or involuntary 
servitude into this State.” 

Here, then, it is necessary, in order to secure the 
calling of a Convention to remodel the Constitution 
that “a majority of the citizens of the state, voting for 
Representatives,” must vote “for a Convention,” or 
else the vote fails. For instance: if 300,000 votes are 
polled on Tuesday next for Representatives, and 149,- 
000 are given in favor of a Convention, and but 51,000 
against it, still would the question fail, for the votes of 
the 100,000 citizens, who voted for Representatives, 
but did not vote at all on the Convention question, 
would, under the peculiar wordingof the Constitution, 
be taken and deemed as voting against it, for to carry 
the measure it requires a majority of all the votes cast 
for Representatives. 

™®Our friend of the]Advocate will see by reading with 
care, the section of the Constitution quoted, that we 
are right, and we are sorry for it, for it may be the 
means of defeating the calling of a Convention, though 
aur hopes are strong that such will not be the case. 

Mortality of the Cincinnati Bar. 

The Fiiiquirer, of Wednesday, gives the following list 
of deaths of members of the bar of that city, during the 
nine months past: 

“Charles H. Brough, Daniel Raymond, John P. Cor¬ 
nell and Manly Chapin, died of cholera; Chas. L. Tel¬ 
ford, Wm. W. McCormick, Thos. H. Genin, James H. 
Ewing and Matthew Comstock, of consumption; David 
Lamb died at sea, ou board the steamship California, 
between Panama and San Diego, and was buried in the 
Pacific; Jordon A. Pugh.Cas. F. Dempsey, H. P.Gaines 
and George C. Perry, of the general diseases incident 
to mankind.” 


Letter of Louis Napoleon Relative to the 
Affairs of Rome. 

The only piece of intelligence of any importance 
from Franee, by the late arrival, is the following letter 
from the President of the Republic to Lieutenant Co¬ 
lonel Edgard Ney, his orderly officer at. Rome, a synop¬ 
sis of which we published in our Telegraphic de¬ 
spatches: 

Elysek National, August 18. 

Mv dear Ney: —The French republic has not sent 
an army to Rome to put down Italian liberty, but, on 
the contrary, to regulate it by preserving it against its 
own excesses, and to give it a solid basis, by replacing 
on the Pontifical throne, the prince who (the first) had 
boldly taken the lead in all useful reforms. I learn, 
with pain, that the benevolent intentions of the Holy 
Father, as well as our own action, remain sterile in 
presence of hostile passions and influences. The desire 
of certain persons appears to be to make proscription 
and tyranny the basis of the Pope’s return. Sa/ to 
Gen. Rostolan, from me, that he is not to permit, that, 
under the shadow of the tri-colored flag, any act to be 
committed which can lower the character of our inter¬ 
vention. 

I thus sum up the restoration of the Pope’s temporal 
power:—A general amnesty; the secularization of the 
administration; the code Napoleon; and a liberal gov¬ 
ernment. 

I was personally hurt, in reading the proclamation 
of the three cardinals, to perceive that no mention 
whatever was made in it of the name of France, or cf 
the sufferings of our brave soldiers. 

Every insult offered io our flag,or our b'niform, goes 
directly to my heart; and I have to request you to make 
it well understood that, if France does not sell her ser¬ 
vices, she at least insists on due consideration being 
paid to her sacrifice and her ahnegation. 

When our armies made the round of Europe, 'they left 
every where, as the mark of their passage, the destruction 
of the abuses of feudality, and the germs of liberty. It 
shall not be said that in 1849, a French army can have 
acted in a different sense, and brought about different re- 
suits. 

Tell the General to thank, in my name, the army for 
its noble conduct. I have learned, with pain, thateven 
physically it was not treated as it ought to have been. 
Nothing ought to be neglected to suitably provide ac¬ 
commodation for our troops. 

Receive, iny dear Ney, the assurance of my sincere 
friendship. 

LOUIS NAPOLEON BONAPARTE. 

This letter is looked upon as the official expression 
of the French Cabinet, though written in the name of 
the President of the Republic, as he would not have 
sent it off without first laying it before the council.— 
Col. Ney describes the satisfaction of the French troops 
at Rome, when this letter became known, as extrava¬ 
gantly great. 

The bad feeling between the Pope and the French 
army, in consequence of which the Pope refused tore- 
turn to Rome, may yet lead to a difficulty between the 
Papal Cabinet and that of France. 

Land Warrants in New York. 

Land Warrants have been very plenty for some time 
past in New York city, having been bought in consid¬ 
erable quantities by Southern and Western merchants 
They have consequently declined to $120fa>$127. 










367 


THE NEW CONSTITUTION 


A Negro llepublic Declaired an Empire. 

News from Minagoan**, St. Domingo, to August28th, 
received at Philadelphia, by the schooner Julia A. Mus¬ 
ter, brings the highly'imporlant announcement that the 
Republic of El ay I i has become an Empire, asanounced 
in the Sun yesterday by telegaph, On the 26lh of Au¬ 
gust, after some unmeaning preliminaries, Soiouque, 
the President of the Republic, was declared Emperor; 
the legislative council of the Island having conterred 
that dignity upon him. On that day, he with his 
wife and child, repaired to the Catholic Church at Port 
au Prince, where Souloque, aping the style ofNapol- 
eon, placed upon his own head the imperial crown, and 
he and his wife were proclaimed Emperor and Em¬ 
press. Full details of this extraordinary proceeding 
will be found in the subjoining letter:— 

Port au Prince, August 26. 

It will astonish ail to learn that in the midst of the 
revolutions that have been changing monarchies into 
republics, the Republic oi Hayti has become an Em¬ 
pire. On Thursday last, the 23d inst.. a rumor was 
circulated that Faustin Soiouque, the President, was to 
receive the title of Emperor. In spite of the strange 
events that have occurred of late in this country, the 
story was scarcely credited, and excited astonishment 
among the whole population. On Friday 7 and Satur¬ 
day, petitions were carried for the signatures of a few 
citizens, praying that the Chambers and Senate then 
convened, would confer the title of Emperor upon So¬ 
iouque. The petition was an empty formula, for the 
deed would have been done with or without their con¬ 
sent, as the crown was already made and the imperial 
jewel purchased on Saturday night, and the consent of 
the Senate was not given until Sunday morning, at 7 
o’clock. 

At that time, a delegation waited on Soiouque to in¬ 
form him of their decision. The troops, as is usual 
on Sunday morning, were under arms for review, and 
it was supposed that Ihe new-made Emperor would ap¬ 
pear upon tlie parade ground, and be proclaimed Em¬ 
peror by the troops—but this was not the case. 

The ceremony took place in the Catholic church.— 
Thither the new Emperor and Empress r< p tired. Pre¬ 
vious to their departure for the church, the guns of the 
different forts were got ready, and at about 10 A. M. 
commenced firing, continuing to fire till the close of 
the ceremony. In the church an attempt was made to 
getupavery imposing spectacle, with what success 
you may judge, when you are told that the Emperor 
and the whole imperial family are very black, and this 
race are not usually very successful in getting up mag¬ 
nificent spectacles. On arriving at the church, Soiou¬ 
que took his seat in a chair prepared for him, having a 
small crown suspended above it. The Imperial crown, 
which had been carried before him to the church, by 
one of liis ex-ministers, was then handed to him. By 
the way, some supprisc was felt that the offico of carry¬ 
ing the crown did not devolve upon the minister of 
State. Upon receiving the crown, Soiouque rose, and 
placeu it upon his own head, the Empress and their little 
daughter kneeling by hisside. The Emperor was dress¬ 
ed in his usual blue dress, but wore a very large star, 
for the first time. The Empress and Princess were 
dressed in lilac silks, richly embroidered and covered 
withjewells. Her Majesty had also a head dress of 
green cypress branches. 

The crowning having been completed in this Napo¬ 
leonic style, a well known and not very reputable Je¬ 
suit, created a Bishop for the occasion, went through the 
ceremony of consecration; after which their majesties 
received the homage of the* crowd assembled. 

After the ceremony of this coronation was over, a 
deputation of Senators appeared ou the piazza of the 


palace in front of which the troops were assembled, and 
gave two cheers for the Emperor. These were hut fee¬ 
bly responded to by the iroops. Indeed all seemed 
amazed at the proceedings, and scarcely knew in what 
way to receive them. What the issue will be no one 
can possibly divine. With the exception of the impe¬ 
rial family, and those who expect titles and dignities 
from them, none are satisfied. The people dread the 
name of Emperor, ever since the cruel days of the Em¬ 
peror Dessalines 

I have given you briefly an account of this great 
event, which looks like a burlesque, got up by some of 
your Etheopean Serenaders, of the crowning of Napo¬ 
leon and Josephine. Ridiculous as it may seem, how¬ 
ever, it is every word of it true, and it is a mater of very 
serious consequence to this unhappy island. 


Minesota Legislature. 

The Legislature of the new Territory of Minesota 
was organized Sept. 3d, an account of which we have 
in the Minesota Chronicle and Register, of which our 
quondam citizen Owens, is one of the conductors: 

Agreeably to the Proclamation of the Governor, the 
members elect to both branches of the. Legislative As¬ 
sembly, convened at the house appointed for that pur¬ 
pose, at the corner of Minesota and St. Anthony sts., 
St. Paul, on Monday,Sept. 3d. The Council Chamber 
and Representatives’ Hall had been previously fitted 
up with great care and taste by Hon. C. K. Smith, Sec¬ 
retary of the Territory, with elegant carpets and win¬ 
dow curtains, and furnished with chairs, desks, &c., 
every way suited to the comfort and convenience of the 
members. 

The House of Representatives was called to order at 
eleveu o’clock, by the Secretary of the Treasury, and 
after prayer by the Rev. Mr? Parsons, the oath of office 
was administered by Hon. Aaron Goodrich, Chief Jus- 
tice. The House then proceeded to elect officers pro 
tempore, which resulted in the choice of Joseph W. 
Purser, of the first District, Speaker; W. D. Phillip* 
and John P. Charles, Clerks; B. W. Bellows, Sergeant- 
at-Arms; O. H. Kelley, Messenger, and A. II. McLeod, 
Fireman. 

Governor Ramsey delivered his Message, which is 
wholly a practical document, adapted to the circum¬ 
stances of the new Territory.— Cm. Atlas. 

Taxation of Public Lands, —The National Intelli¬ 
gencer is indebted to a gentleman in the General Land 
Office for the information given below, which is im¬ 
portant both to non-resident owners of public lands and 
those who propose to purchase, but which many of them 
may be ignrant of—that is to say: By an act of Con¬ 
gress approved the 26th January, 1847, the assent of 
Government was given to the several States admit¬ 
ted into the Union prior to the 24th April, 1820, to 
impose a tax or taxes upon all lands thereafter sold by 
the United States from and after the day of such sale. 
The States admitted prior to thatdate, are Ohio, Indi¬ 
ana, Illinois, Alabama, Mississippi, and Louisiana. In¬ 
diana has already, by legislation, availed herself of this 
permission and doubtlessly the otherssnon will. Prior 
to the passage of this act lands paid for in cash were 
not taxable until five years from the date of sale, and 
those located by “Late War” Warrants until three 
years from date of patent. 

Kentucky Convention. 

The State Convention to amend the Constitution of 
Kentucky, organized at Frankfort, on Monday, by 
electing James Guthrie, of Louisville, President. The 
vote stood—Guthrie, (democrat) 50; Dixon, (whig) 43. 
Thomas J. Helm was elected Secretary. 










368 


THE NEW CONSTITUTION. 


NEW ARRANGEMENT. 

One of the Cheapest Papers ever offered to the 
Public. 


The Dollar Statesman. 

C REDIT has been the ruin of more editors than all 
the other difficulties they have had to encounter. 
Every man who takes a paper and does not pay for it, 
does just that much to cramp the editor’s energies, de¬ 
range his business, and ruin the cause he would other¬ 
wise encourage. The. evil has been one of long endur¬ 
ance, and of many sad results. The spirit of the age 
is against the practice, and a successful newspaper en¬ 
terprise cannot be carried on if indulged in. 

We therefore propose a paper exclusively on the cask 
system, and when the money sent to us runs out, the 
paper will cease going until again subscribed for. These 
eheap papers, on the cash system, are springing up in 
various parts of the Union and we do not intend to be 
behind the age, or negligent of its progressive spirit. 

We therefore inteud issuing, in a few days, a Week- 
i.f Dollar Statesman, the size of the present Daily 
and Tri Weekly Statesman, (double medium,) at 
ONE DOLLAR A YEAR, 

•Ucays in advance, and when the time subscribed for 
expires, the paper will cease going, unless money is 
again forwarded. This alone will save many com¬ 
plaints ou both sides, and all the trouble of duns, col¬ 
lections and errors of book accounts. 

As to the mutter that the Dollar Statesman will 
eontaiu, we do not think it necessary to make many 
promises, for we feel every confidence that it will work 
its own way into public favor, and be one of the most 
popular publications of the (jay* It is, at least, our de¬ 
sign to make it such. The stirring progressive spirit 
of the age only wants a proper medium through 
which it can properly appear to attract general at¬ 
tention. One design of the work is to make it a use¬ 
ful family paper, as well as one of general political 
intelligence, by devoting the columns generally oc¬ 
cupied with advertisements, to substantial literary 
articles of both profit and amusement. But, as we 
have just said, we desire to make no promises be¬ 
fore hand, but make a paper that will by its own 
merits find its way into every “settlement,” to use a 
western phrase. We have been long and frequently 
advised to start such a paper, and one person promised 
us at least fifty subscribers in his neighborhood, to sup¬ 
ply the place of the “cheap trash,” to use his expres¬ 
sion that is now patronised because it is cheap, and be¬ 
cause they never had the trouble to write “discontinue 
my paper,” when the year was out, as it stopped of its 
own accord until tile necessary means was forwarded 
for its coniinuance. ' Politics —(but as little of a per¬ 
sonal nature as possible)— Literary Sketches and 
Tales—News from all the WORLD— Review of 
the Markets, &.c. &.c. will be the leading features of 
tfie publication. 

Inducements to Clubs. 

For $10, twelve copies will be sent. 

For $20, twenty-jive copies. 

For $25, thirty copies, and also a neatly bound vol¬ 
ume of “The .New Constitution,” of- 400 pages which 
will be completed in a few weeks. How many of our 
friends are there who will take this last premium.— 
Young men, you cannot do a better days work than 
take it up. 

Specimen Numbers. 

Specimen numbers will be forwarded to all who de¬ 
sire them, ou application. Post Masters and all others 
are authorized to act as Agents. 

S. MEDARY. 


Editorial Convention. 

In compliance with fa generally expressed wish t. 
that effect, by the members of the editorial profession, 
in the State, the undersigned, on consultation, have de¬ 
termined to designate Thursday, the 29 th day of No¬ 
vember, proximo, as the time for holding, in the city of 
Columbus, a Convention of Editors and Publishers of 
Newspapers in Ohio. 

S. MEDARY, 

W. B. THRALL, 

Oct. 1, 1849. H. REED. 


PROSPECTUS 

OF 

THE NEW CONSTITUTION. 

We shall issue, during the summer, a Pamphlet, 
weekly, 16 pages, in form for binding, under the title 
of The New Constitution, commencing about the 
1st of May next, and to continue six months, making 
a work of 400 pages, with a title page and index 
at the close, for reference, for ONE DODLAR a sin¬ 
gle copy. 

For jive dollars seven copies, and for ten dollars fif¬ 
teen copies. Thus ten dollars will purchase 6,0(10 
pages of close reading matter. 

The work will favorwhatits name purports, a NE W 
CONSTITUTION, yet it will admit able and well 
written articles on all sides of every question, that 
those who read it may see what is said by all parties. 
It is by this means alone that the people can arrive at 
a sound and just conclusion. We therefore invite all 
writers who desire to treat the subject fairly, as corres¬ 
pondents of THE NEW CONSTITUTION. 

The design of our work is ; 1st, to enforce the neces¬ 
sity of a frequent recurrence to first principles—2d, to 
show the importance of the fundamental law corres¬ 
ponding with the growth of our state and the “pro¬ 
gress” of liberal sentiments—3d, the security of natural 
rights by a charter made and adopted by the ‘people 
themselves—the experience of the past in developing 
and directing the necessities of the future. 

A total reform in our Judiciary system and the prao- 
tice of oar Courts. 

Tne election of ALL OFFICERS BY THE PEO¬ 
PLE ! 

No increase of the state debt, except by a vote of 
the people themselves. 

A system of common schools and of education, 
worthy the age and the state. 

No legislation, but what the people can reform or 
annul, when found injurious. 

These are a lew of the principles, hastily thrown to¬ 
gether, which shall receive the attention of “The New 
Constitution.” 

Long have we looked forward to the time when w 
couid perforin our duty m a contest of the kind uow 
before us, and we enter the lists full of courage and 
full of hope. 

There is a progressing, reforming, radical spirit 
spreading over the civilized world, and let Ohio not be 
the lust to partake of the regenerating spirit. 

U~All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

ICFFriends of The New Constitution everywhere 
are also requested to act as Agents and Correspondents. 

EPSubscriptions should be early forwarded, that we 
may have some data by which we can calculate the pro¬ 
per number of the work to begin with. 

S. MEDARY. 

Columbus, O., March 1849. 


Columbus, O., Sept. 1849. 


















THE NEW CONSTITUTION. 


“power is always stealing from the many to the few.” 


Voi. I. Columbus, Ohio, Saturday, October 13, 1849. No. 24 


The Boundary Question between Ohio and 
Virginia. 

We publish in the present No. of the New Constitu- 
ion, the Report of the Commissioners appointed by 
this state, to settle with those of Virginia, the bounda¬ 
ry line between the two States, Virginia claiming her 
western boundary line to extend to high watermark on 
the Ohio shore. The assumption of this claim, in the 
case of runaway slaves from Wood county, Virginia, 
assisted by whites in Ohio, brought up the question 
and led to the appointment of Commissioners on the 
part of this state to settle with those of Virginia the 
true boundary. All efforts failed, and the question 
still remains an open one 

The report will be found of interest, and well wor¬ 
thy of preservation, as shewing the extent of the claim 
set up by Virginia, as w r ell as that insisted upon by this 
state. __ 

Editorial Convention. 

In compliance with a generally expressed wish to 
hat effect, by the members of the editorial profession, 
in the State, the undersigned, on consultation, have de¬ 
termined to designate Thursday, the 29 th day of No¬ 
vember, proximo, as the time for holding, in the city of 
Columbus, a Convention of Editors and Publishers of 
Newspapers in Ohio. 

S. MEDARY, 

W. B. THRAEL, 

Oct. 1, 1849. H. REED. 

The Convention Vote. 

“If it shall appear that a majority of the citizens of 
the State, voting for Representatives, have voted for a 
Conventoin, the General Assembly shall, at their next 
session, call a Convention.” So says the Constitution 
of Ohio, Art. 7, Sec. 5. Great irregularities have at¬ 
tended the vote at the late election on the convention 
question, which may make it difficult to decide wheth¬ 
er a Convention is to be called or not. This should in¬ 
duce the preservation of the poll books and ballots, as 
there may be occasion to resort to them to settle the 
question. Take as an example, Butler county. The 
official vote there for Representatives is 3614, while the 
votes returned on the Convention question is 3852, ex¬ 
ceeding the Representative vote by 238! How are 
these to be counted? [Cm Gazette. 

The votes in Butler county are to be counied just as 
are the votes in any other county. When the entire 
vote of the state is received, the whole number of tick¬ 
ets voted for Representatives will be added up, as will 
also the vote given for a Convention, and then, “if it 
shall appear that a majority of the citizens of the 
state, voting for Representatives, have voted fora Con¬ 


vention, the General Assembly shall at their next ses¬ 
sion, call a Convention.” Thus, the whole matter is 
plain. 

But the Gazette, some weeks since, took the ground 
that no ballot could be counted for a Convention, unless 
the person voting it also voted for Representative, and 
hence the doubt expressed in the case of the vote in 
Butler county. In its reading of the Constitution, we 
differ with the Gazette, and hold that every person, un¬ 
der the Constitution and laws, allowed to vote, has the 
right to vote for a Convention without voting for Rep¬ 
resentatives or to vote for Representatives, without vot¬ 
ing for, or against a Convention. To deny this, would 
be to deny the freedom of the ballot. A. might wish 
to vote for a Convention, yet did not wish to vote for 
either of the candidates for Representative, yet, if the 
Gazette be right, the law steps in and says, that willing 
or unwilling, he must vote for Representative, or else he 
shall be deprived of the right of voting for a Convention. 
This would be in opposition to the whole elective sys¬ 
tem, and would, oftentimes, compel a man to vote 
against his will, for a certain officer, or else would de¬ 
prive him of the right of voting at all 

The Constitution gives “to all white male inhabitants 
above the age of 21 years,” who “have resided in the 
state one year next preceding the election, and who 
have paid, or are charged with a state or county tax,” 
the right of voting “in all elections,” unless the laws 
deprive him of the right, in consequence of his being 
“convicted of bribery, perjury or other infamous 
crime.” A refusal to vote for a Representative, is not 
regarded by the laws, as an “infamous crime,” and 
hence a refusal to exercise that right, could not debar a 
voter from the right of voting for or against a Conven¬ 
tion to remodel the State Constitution. 

The clause of the Constitution which makes a major¬ 
ity of the citizens voting for Representatives, necessa¬ 
ry to carry the Convention question, was inserted 
merely to securea full vote, and to prevent a Convention 
being called by a mere majority of the votes cast for it, 
over and above those cast against it, and to assert oth¬ 
erwise, is at once to declare that the Constitution in¬ 
tended to force electors, nolens volens, to vote for Rep¬ 
resentatives,underthe penalty incase of refusal of depri¬ 
ving him of the right of voting fora change of the Con¬ 
stitution. The Gazette will hardly agree that such was 
the intention of the framers of the Constitution, yet its 

argument, put forth several weeks since, leads to this 
and nothing else. 

























370 


THE NEW CONSTITUTION. 


REPORT OF THE COMMISSIONERS OF 
OHIO, 

Appointed, by resolution passed Feb. 8, 1847, 
to adjust the boundary line, Ac., between 
Ohio and Virginia. • 

In Senate —February 2, 1848. 


To the Honorable the Senate, and 

House of Representatives of the Slate of Ohio: 

We the undersigned, appointed by His Excellency 
the Governor of Ohio a Board of Commissioners, to 
meet a like board to be appointed by the State of Vir¬ 
ginia, and to enter into a compact with the said Virgin¬ 
ia Commissioners settling the jurisdiction, or boundary, 
or bolh, upon that part of the Ohio river which di¬ 
vides the States of Ohio and Virginia, under and by 
virtue of a resolution of the General Assembly of the 
State of Ohio, passed on the 8th day of February, 
1847, and to report our proceedings therein to the said 
General Assembly, at their (then) next session, have 
the honor to report, 

That we attended at the city of Washington pursu¬ 
ant to our appointment, and, on the 10th day of Janua¬ 
ry, 1848, the Board of Commissioners on the part of 
Virginia being then present, we convened in a room at 
the capitol assigned to our use, and proceeded to the 
consideration of the objects of our mission. 

The copies of papers communicated by us to the 
Commissioners of Virginia, and the originals which 
we received from them in the progress of the negotia¬ 
tion, herewith enclosed, numbered from I to X con¬ 
secutively, carry with them their own explanation with 
hut one exception. 

When the paper numbered VIII was presented us, 
one of the Commissioners of Virginia suggested that 
the security which he would consider “proper and ad¬ 
equate” against the adverse action of the tribunals of 
Ohio, under the articles referred to, must be— 

1st. A recognition of so much of the ordinance of 
Congress of July 13th, 1787, and of the act of the 
Legislature of Virginia of Dec. lSth, 1789, and the 
compact with Kentucky therein contained, as make 
the Ohio river a common highway, free to all the citi¬ 
zens of the United States. 

2d. Such a construction of (hose instruments lo be 
incorporated into the compact as would afford absolute 
protection to the rights of persons arid property of cit¬ 
izens of Virginia, as they exist in Virginia, while 
floating upon the riverany where within itsbanks.and 
while moored by or attached to either shore. 

And on a subsequent day it was further explained to 
us as another requisite, that if the clause in the com¬ 
pact which should provide this security beholden void, 
as against the ordinance of July 13th, 1787, or as 
against the Constitution of the State of Ohio, in that 
case the whole compact should be therefore void. 

This explanation was not given us by the Commiss¬ 
ioners of Virginia, as a Board. Their views we could 
only gather from the paper which they handed us, and 
the informal conversation of the members of that 
board during our several conferences. The paper, 
strictly and exactly construed, asks security for such 
rights’ouly of the persons and property of citizens of 
Virginia as might be jeoparded under and by reason of 
the proposed compact, and so it was afterwards ex¬ 
plained to us by ihe commissioners of Virginia. For 
this security we declared ourselves ready to stipulate, 
fixing those rights by the most stringent language that 
could be devised, to be and remain what they now are, 
and leaving them unaltered—thus confining our regu¬ 
lations to criminal jurisdiction, oommerce, and conven¬ 
ient structures on the shore. A well-framed project 


of a compact, conceived in this spirit and with this 
view, was, in our last consultation, read to us by one 
of the Commissioners of Virginia, to which, with 
slight modifications, we believed we could give our 
consent, and make it substantially the basis of a com¬ 
pact. We so said to the Commissioners of Virginia, 
who, on a consultation, were unable to assure us that 
its principles would be adopted by all the members of 
tlieir board, unless accompanied with the construction 
above named of the ordinance of 1787, and the act of 
Virginia of December 18th, 1789, and a provision avoid¬ 
ing the compact if that construction should be held in¬ 
efficient by our courts, as against the provisions of sa ; d 
ordinance, or against the Constitution of Ohio. 

Under these circumstances, we felt ourselves con¬ 
strained to close our conference without having effect¬ 
ed adjustment, in either of its branches, which was the 
object of our mission- But we fcei the less regret in 
having failed to do so, as, in our opinion, the onward 
course of events is constantly and rapidly removing all 
the obstacles which now lie in the way of such adjust¬ 
ment. 

In conclusion, we are happy to bear testimony to 
the cordial good will with which the Commissioners of 
Virginia, individually, and asa board, united their earn¬ 
est efforts with ours to remove difficulties and reconcile 
conflicting opinions and interests, so as to effect the 
great purpose for which we met, in a manner satisfac¬ 
tory to the people of our respective States, and usefui 
to all—and that we failed to do so is owing to the dif¬ 
ficulties which are at this time inherent in the subject 
itself, and not to any want of effort on the part of eith¬ 
er commission. 

All of which is respectfully submitted. 

T. EWING, 

JNO. BROUGH, 
JAMES COLLIER. 

Washington City, Jan. 28, 1848. 


PROPOSITIONS. 

[ I- ] 

We the undersigned commissioners, appointed by tiie 
Governor of Ohio, under, and by virtue of resolutions 
of the Legislature ol' said State, to meet and enter into 
a compact with the commissioners appointed on the 
part of Virginia, settling the jurisdiction or boundary, 
or both, upon that part of the Ohio river which divides 
the States of Ohio and Virginia, offer for the con¬ 
sideration of the commissioners on the part of Virginia 
as the basis of a compact, the following propositions: 

1. That the middle thread of the Ohio river, where 
there is no island therein, shall bo the boundary between 
the said States; and where there is an island or islands 
in said river, the middle of the channel on the Ohio 
side of such island or islands, shall be the boundary. 

2. That each State shall have exclusive jurisdiction 
over all her shore without the banks of said river at 
all times, and within the banks when the sain 3 shall 
not be covered with the waters of said river. 

3. That each State on its own shore, or the citizens 
thereof, may extend into the river—but not so far, or 
in such manner, as to obstruct the navigation thereof 
—wharves, abutments, locks, slopes, warehouses, mills 
and other fixtures; and may attach to the shore, or 
moor thereby, floating wharves, warehouses, and other 
structures convenient for landing, loading and trade; 
and may project into the river pipes, pumps, and other 
machinery for drawing water therefrom, all of which 
shall be within the exclusive jurisdiction of the State 
owning the shore; as also shall all boats, vessels, rafts, 
and other water craft of every kind attached to, or 
moored by the shore for the purpose of holding com¬ 
munication therewith. 















THE NEW CONSTITUTION. 


•371 


4. That with the above exceptions, the two States 
shall have concurrent jurisdiction over and upon tile 
said river within its banks. 

5. Ana the said river, within its banks, so far as it 
flows between the said States, shall be taken and deem¬ 
ed to be a navigable water to all intents and purposes as 
if a tide ebbed and flowed therein. 

With high consideration and respect, 

We are, gentlemen, your obd’t servants, 

T. EWING, 

JNO. BROUGH, 

JAMES COLLIER, 
Commissioners, fyc 

To the Honorable, Wm C. Rives, Wm. Green, Geo. 
W. Thompson, commissioners, &c. 

Washington, D. C., Jan. II, 1E48. 


The undersigned, commissioners on the part of Vir¬ 
ginia, &c., have the honor to submit herewith, to the 
commissioners on the part of Ohio, the result of their 
considerations on the propositions presented by the 
latter on the 11th inst., as the basis of a compact for 
settling the jurisdiction and boundary of the States on 
the Ohio river. They have supposed it might facili¬ 
tate the attainment of a definite conclusion on the sub¬ 
ject, to put their views into the usual form of a con¬ 
ventional instrument, which they have therefore adopt¬ 
ed, and in drawing which, they have been animated 
with that spirit of accommodation and good neighbor¬ 
hood, which it is so much to be wished should always 
prevail between Ohio and Virginia. 

They have the honor to subscribe themselves, with 
sentiments of high consideration and respect, 

WM. C. RIVES, 

WM. GREEN, 

GEO. W. THOMPSON. 

Crrnmis sinners, Sjc. 

To the Honorable, Thomas Ewing, John Brough, 
James Collier, commissioners, &c. 

Whereas, important questions have arisen concern¬ 
ing the boundary between the States of Virginia and 
Ohio, and concerning the jurisdiction of the said States 
respectively, on the Ohio river, as the same are effected 
bv the deed of cession of the northwestern territory, 
made by Virginia oil the 1st day of March, 1784, and 
by the act of Assembly of the same State, passed on 
the 18th day of December, 1789, for erecting the dis¬ 
trict of Kentucky into an independent State; arid the 
said States of Virginia and Ohio being sincerely desir¬ 
ous of now adjusting these questions in a spirit of 
mutual friendship so as to remove the occasion of con¬ 
troversies and collisions which might otherwise grow 
out of them, have therefore appointed, severally and 
respectively, two boards of commissioners, to wit: the 
State of Virginia one board, consisting of William C. 
Rives, William Green, and George W. Thompson; 
and the State of Ohio another board, consisting of 
Thomas Ewing, John Brough, and James Collier, au¬ 
thorized and empowered to enter into a compact fet¬ 
tling the aforesaid questions: 

The said boards of commissioners being met together 
in the city of Washington, on this day of January, 
1848, do,"on behalf of their respective States aforesaid, 
hereby declare and establish the provisions and stipula¬ 
tions following, as articles of an agreement and com¬ 
pact between the said States: 

1 . The dominion and jurisdiction of the State of 
Virginia retained under her deed of cession aforesaid, 
henceforth to be deemed and taken to extend, under ail 
circumstances, to the actual edge, for the time being, 
of the water within the banks of the Ohio River, on 
t he northwestern side of the said river; and the same 


shall be in no manner diminished, impaired, impeded, 
or any otherwise affected by any claims which the 
State of Ohio mav have, by virtue of this compact or 
otherwise, to the soil which shall at any time be beneath 
the water in the said river. 

2. The State of Ohio shall have dominion and ex¬ 
clusive jurisdiction over the banks of the said river on 
the northwestern side thereof, at all times, and over the 
soil on the same side of the river below the banks, 
whenever, and so far as the same shall not be covered 
with the water of the said river—subject to the reason¬ 
able uses of all persons navigating the river. Provided, 
however, that if it shall at any time happen, that there 
is no water flowing between any island or islands in 
the said river and the bank thereof on the said north¬ 
western side, in all such cases the dominion and exclu¬ 
sive jurisdiction of the State of Ohio shall extend only 
to ibe middle of the channel between such bank and 
such island or islands. 

3. All boats, vessels, rafts, and watercraft of every 
kind, fastened or attached to the shore, or moored by 
it, for the purpose of holding communication therewith, 
on either side of the said river, shall be deemed and 
taken to be, for the time being, under the exclusive ju¬ 
risdiction of the State on that side of the river, for the 
purpose of a due execution of its police regulations, 
and for the service of process in all cases, civil ami 
criminal, in which the cause of action or subject matter 
of controversy arose, or the offence charged was com¬ 
mitted on board of such boat, vessel, raft or watercraft, 
while lying so fastened, attached or moored, or arose or 
was committed elsewhere withiu the limits of the said 
State by persons found on board of such boat, vessel, 
raft or watercraft—and for no other purpose; Provided, 
that nothing herein contained shall be construed so as 
to give or attach any jurisdiction of such a nature as to 
change, alter, or amend any rights of property, ou 
board of such boat, vessel, raft or watercraft situated 
as aforesaid; and that all questions which may arise, 
concerning the right, title or ownership of any pioper- 
ty on board of such boat, vessel, raft or watercraft, 
shall be adjudged and determined in like manner as if 
such boat, vessel, raft or watercraft had not been so 
fastened, attached, or moored. 

4. In all other cases the concurrent jurisdiction on 
the Ohio river, to which the State of Ohio is entitled 
under lhe provisionsof theactof Assembly of Virginia, 
passed on the 18th day of December, 1789, hereinbefore 
mentioned, and tile 7th article of the compact with 
Kentucky therein contained, shall be deemed and taken 
to extend to the actual edge, for the time being, of the 
water within the banks of the said river on the south¬ 
eastern side thereof; saving and excepting, however, 
from such jurisdiction ail islands in the said river: And 
such islands shall be as fully exempt from any jurisdic¬ 
tion of the State of Ohio, as if they were apart of the 
mainland of Virginia. 

5. Nothing in this contract contained shall be con¬ 
strued so as to abridge, alter, or vary the right to the 
free and common use and navigation of the Ohio river, 
reserved to all the citizens of the United States by the 
State of Virginia in her act-of Assembly aforesaid, 
passed on the 18th day of December, 1789, and the 7th 
article of the compact with Kentucky contained there¬ 
in: And if any citizen or citizens of the United States 
shall, while navigating the said river, or ascending or 
descending the same with, property or effects of any 
kind belonging to them according to the laws of 
their respective States, be forced by any casualty, mis¬ 
fortune, or superior force, to take refuge or to go upon 
the banks or shores of the said river on either side there¬ 
of, and to bring their property or effects thereon, they 
shall be protected, during their necessary stay or deten- 








THE NEW CONSTITUTION. 


3/•> 


tion, in the enjoyment of all the rights of person and 
property which they hold under the laws of their re¬ 
spective States, and be permitted to resume and pursue 
their voyage with all their property and effects, without 
any unreasonable delay, and without let or hindrance 
of any kind. 

6 . The State of Ohio and her citizens shall have 
the right to make and carry out into the said river 
wharves, piers, quays, and other necessary works 
and improvements, along the margin of the river on 
lire northwestern side thereof, so, however, as not in 
any manner to obstruct or injure the common use and 
navigation of the river, or to occasion a change in the 
direction or force of the current, that may endanger or 
encroach on the bank of the river on the opposite side, 
or on any island in the bed thereof. And if either of 
the said States of Virginia and Ohio, or any of the citi¬ 
zens of either, in u corporate capacity or otherwise, 
shall desire to erect and construct any bridge, cause¬ 
way, viaduct, acqueduct. or otherjjstructure of general 
utility, and for public use, reserving such reasonable 
tolls as the Legislature of such State shall authorize; 
which said bridge, causeway, viaduct, acqudect, or oth¬ 
er structure os aforesaid, shall not impair the navigation 
of tlie said river, such State, body corporate, compa¬ 
nies, or individuals, shall have such necessary rights of 
abutment on the opposite side of the said river, and of 
erecting piers on the bed thereof, as shall be required 
for the due and proper construction of their works, as 
aforesaid, paying such compensation therefor, to the 
owners of private property as the parties may agree, or 
damages duly assessed, in such inode as the laws of the 
State in which the property is located provide or shall 
provide for like cases; and this provision and stipula¬ 
tion shall apply to any work authorized by the laws 
of either of the said States now in progress, as fully 
as to any hereafter to be commenced. And it shall be 
lawful for the State so constructing, or whose citizens, 
as aforesaid, shall construct such work or works, to 
provide for their protection, and for the punishment of 
any willful or malicious injury, or destruction of the 
same, which may be committed on either side of the 
said river. 

January 13th, 1843. 

[III.] 

Whereas important questions have arisen concerning 
the boundary between Virginia and Ohio, and concern¬ 
ing the jurisdiction of the said States, respectivly, on 
the Ohio river: and the States of Virginia and Ohio 
being sincerely desirous of now adjusting these ques¬ 
tions in aspilit of mutual friendship so as to remove the 
occasion of controversies ana collisions which might 
otherwise grow out of them, have, therefore, appointed 
severally and respectively two boards of Commission¬ 
ers, to wit: the State of Virginia one board, consisting 
of William C. Rives, William Green, and George W. 
Thompson, and the State of Ohio another board, con¬ 
sisting of Thomas Ewing, John Brough, and James 
Collier, authorized and empowered to enter into a com¬ 
pact settling the aforesaid questions. 

The Board of Commissioners being met together in 
he city of Washington this day of January, 1848, 
do, on behalf of their respective States aforesaid, de¬ 
clare and establish the provisions and stipulations fol¬ 
lowing, as articles of agreement and compact between 
the said States: 

1. The dominion and jurisdiction of the State of 
Virginia shall extend to the edge of the water of said 
river on the. northwestern side, when the same is at low 
water mark: Provided, however, that if it shall at any 
time happen that there is no water flowing between 
any island or islands in the said river and the bank 


thereof on the northwestern side, in all such cases the 
dominion and jurisdiction of Virginia shall extend to 
the middle of the channel between such bank and 
such island or islands. 

2. The State of Ohio shall have dominion over the 
banks and shore of the said river on the northwestern 
side thereof to low water mark: Provided, however, 
that if it shall at any time happen that there is no wa¬ 
ter flowing between any island or islands in the said 
river and the bank thereof on the said northwestern 
side, in all such cases the dominion of Ohio shall ex¬ 
tend only to the middle of the channel between such 
bank and such island or islands. 

3. All boats, vessels, rafts, and watercraft of every 
kind, fastened or attached to the shore or moored by it 
/or the purpose of holding communication therewith, 
on either side of the said river, shall be deemed and taken 
to be, for the time being, under the exclusive jurisdic¬ 
tion of the State on that side of the river: Provided, 
that the. persons and uroperty of citizens of Virginia 
while in boats so attached to or moored by the Ohio 
shore—and all acts done or instruments executed by 
such citizens of Virginia, or to them, to pass pioperty 
in Virginia, or otherwise, to have effect in said State. 
And the persons and property of citizens of Ohio, 
while in boats attached to or moored by the Virginia 
shore, and all acts done or instruments executed by 
such citizens of Ohio, or to them, to pass property in 
Ohio or otherwise to have effect in said State, shall be 
within the concurrent jurisdiction of the two States. 

4. In all other cases the two States shall have con¬ 
current jurisdiction over the Ohio river, to the actual 
edge, for the time being, of the water within the banks 
of the said river; saving and excepting, however, from 
such jurisdiction all islands in the said river: and such 
islands shall be as fully exempt from any jurisdiction 
of the state of Ohio as if they were a part of the main¬ 
land of Virginia. 

5. Nothing in this compact contained shall be con¬ 
strued so as to abridge, alter, or vary the right to tho 
free and common use and navigation of the Ohio river, 
reserved to all the citizens of the. United States by the 
ordinance of Congress of July 13th, 1787, and by the 
State of Virginia in her act of Assembly passed on the 
18th day of December, 1789, and the seventh article of 
the compact with Kentucky contained therein. 

6 . The State of Ohio and her ettizens shall have 
the right to make and carry out into the said river, 
wharves, piers, quays, locks, slopes and other necessa¬ 
ry works and improvements along the margin of the 
said rivei on the northwestern side thereof, so, howev¬ 
er, as not in any manner to obstruct and injure the 
common use and navigation thereof: and said State 
shall have exclusive, jurisdiction over such works and 
improvements so extended into said river. 

January 15ih, 1848. 

[IV.] 

The Commissioners of Virginia have very atten¬ 
tively and respectfully considered the modifications of 
the articles of compact offered by them on the 13th 
instant, which the Commissioners of the State of Ohio 
have proposed; and they beg leave to submit the fol¬ 
lowing observations thereon: 

Some of the proposed modifications, which involve 
matters of but secondary importance, might be yielded 
to if there should be a prospect of arriving at. a satis¬ 
factory understanding upon others of a more funda¬ 
mental character. 

Iii the project submitted by them, the Commissioners 
of Virginia, in a spirit of compromise, departing from 
what they considered to be the well-founded claims of 









THE NEW CONSTITUTION 


ni-,0 

O i O 


their State, in point of strict legal right, proposed to 
make the actual edge of the water, for the time being, 
on the northwestern side of the river, the line of de¬ 
marcation between the dominion and sovereign juris¬ 
diction of the two States, respectively. In analogy is 
the well-understood principle of the English law which 
regulates the respective jurisdictions of the admiralty 
and common law courts upon the shores of and tide¬ 
water rivers, they were willing that the territorial do¬ 
minion of the State of Ohio should extend over the 
naked shore down to low-water mark on that side, as 
the water in the river recedes, while the dominion re¬ 
tained by Virginia over the river, with all its rightful 
incidents, should accompany and be co-extensive with 
the water between its banks, and to the actual edge 
thereof, on the same side, in all its stages. Such a line 
possesses the great recommendation of being at all 
times visible and notorious; and together with the 
“concurrent jurisdiction on the river,” conceded (for 
the future benefit of the States that should afterwards 
be formed on the northwestern side thereof,) by Vir¬ 
ginia, in her act of Assembly of the 18th day of De¬ 
cember, 1789, and the additional stipulations contained 
in the project now under consideration, it seemed suf¬ 
ficient to secure to the State of Ohio every accommo¬ 
dation and convenience she could desire. 

The modifications proposed by the honorable Com¬ 
missioners of Ohio, instead of this arrangement of 
mutual convenience, go to restrain the dominion re¬ 
tained by Virginia over the Ohio river, to what is, 
during three-fourths of the year, an uncertain, invisi¬ 
ble, and unascertainable line on its surface, designed to 
correspond with the supposed, but thus unseen and 
unknown, low-water mark on its bed, and which line 
is in many places, at such times, distant by several 
hundred feet from the actual margin of the river on 
the northwestern shore. 


dicial tribunals of the three proposed parties to a com¬ 
pact of boundary, bearing as they do upon the very 
point under consideration, are entitled to very great 
resppct ; and we feel safe in relying upon them as au¬ 
thority so far as touches boundary and dominion. 

Impressed with these views, and being desirous that 
all causes of controversy should be removed, we have 
proposed, not only' to conform to these decisions, but 
to concede what they may have left in doubt, the de¬ 
minion of all islands which lie between low-water mark 
and the Ohio shore. But we cannot go further; we 
cannot recede from a boundary' in which we are so 
strongly fortified by authority. 

In addition to this, ihe citizens of Ohio owning land 
on the shore, believe that the soil to low-water mark 
belongs to them in property by virtue of their grants 
from the United States, and in this they are supported 
by the Supreme Court of that State ; and we do not 
feel at liberty to concur in any adjustment of boundary 
which shall disturb these tenures. On the other hand, 
we appreciate fully the difficulties suggested by 7 the 
Commissioners of Virginia to the settlement of aboun- 
dary 7 , on any' line to which we can consent ; and we 
have only to regret that after a full consideration of all 
these difficulties, and an earnest and friendly effort on 
both sides to obviate or remove them, we are constrain¬ 
ed to leave the question of dominion and boundary un¬ 
settled. 

Under Ihese circumstances, we think it proper to in¬ 
quire of the Honorable the Commissioners of Virginia, 
whether they feel at liberty to entertain a proposition 
for the settlement of jurisdiction, apart from and saving 
the question of boundary. 

(Signed,) T. EWING, 

JOHN BROUGH. 
JAMES COLLIER. 

January 20, 1848. 


To these modifications, as well as to those which re¬ 
ject the guards and securities for the rights of citizens 
of Virginia held under the sanction of her laws, with 
which it seemed but just and reasonable to accompany 
the concessions yielded to Ohio, of an exclusive juris¬ 
diction, under certain circumstances, over a part of the 
river, and other privileges on the northwestern side 
thereof, the Commissioners of Virginia, earnestly de¬ 
sirous as they are of cultivating a mutual spirit of con¬ 
ciliation, do not feel themselves at liberty to accede, in 
any view which they have been able to take of the 
right interests, as well as duties, which belong to the 
occasion. 

If these points cen be satisfactorily adjusted, some 
other of the modifications proposed by the Commis¬ 
sioners of Ohio, and particularly the alteration in the 
6 th article, would present no insuperable impediment 
to a final arrangement, as far as the Commissioners of 
Virginia are concerned. 

VVashington, January 18, 1848. 

[V.] 

The Commissioners of Ohio, having carefully con¬ 
sidered the paper submitted to them on the 18th inst., 
by the Honorable the Commissioners of Virginia, re¬ 
gret to find that they cannot accede to the proposition 
adhered to therein by the Commissioners of Virginia, 
as their ultimatum on the question of boundary. 

There is, we believe, a universal opinion in the State 
of Ohio, that the dominion of that State extends, at 
least, to low-water mark in the river. In this we are 
supported by the judgment and opinion of the Supreme 
Court of the LHiited States, by that of the Supreme 
Court of the State of Ohio, and, also, by that of the 
General Court of Virginia, in a recent and well-consid¬ 
ered case. These opinions and adjudications of the ju- 


As to the other branch of our commission, the set¬ 
tlement of jurisdiction, we propose, .for the considera¬ 
tion of the Honorable the Commissioners of Virginia, 
the following articles of compact : 

Whereas, important questions have arisen concern¬ 
ing the boundary between Virginia and Ohio, and con¬ 
cerning the jurisdiction of the said States.respectively, 
on the Ohio river : And the States of Virginia and 
Ohio being sincerely desirous of now adjusting these 
questions in a spirit of mutual friendship, so as to re¬ 
move the occasion of controversies and collisions 
which might otherwise grow out of them, have there¬ 
fore appointed, severally and respectively, two boards 
of Commissioners, to wit : The State of Virginia one 
board, consisfing of William C. Rives, William Green 
and George W. Thompson ; and the Stale of Ohio 
another hoard, consisting of Thomas Ewing, John 
Brough and James Collier, authorized and empowered 
to enter into a compact settling the aforesaid question, 
or either of them. 

The Board of Commissioners being met together in 
the city of Washington this day of January, 

1848, and being unable to agree upon and adjust the 
boundary between the two States, do expressly save 
and reserve the right of each as to the same connected 
therewith and incident thereto, as fully and effectually 
as if these articles of compact had never been entered 
into. And in execution of the other branch of their 
commission, touching jurisdiction merely, do, on behalf 
of their respective States aforesaid, declare and estab¬ 
lish the provisions and stipulations following, as arti¬ 
cles of agreement and compact between the said 
States : 

1 . That all structures and works of every kind, 
which may have been, or shall hereafter be, erected on 
either shore of the Ohio river, not injurious to the 










374 


THE NEW CONSTITUTION. 


navigation thereof, and all boats, vessels, rafts and wa¬ 
tercraft of every kind fastened or attached to the shore 
or moored by it for the purpose of holding communica¬ 
tion therewith, on eitner side of said river, shall be 
deemed and taken to be, for the time being, un¬ 
der the exclusive jurisdiction of the State on that side 
of the river : Provided, that the persons and property 
of citizens of Virginia while in boats so attached to or 
moored by the Ohio shore, and all acts done, or instru¬ 
ments executed, by such citizens of Virginia, or to 
them, to pass property in Virginia, or otherwise, to 
have effect in said State. And the persons and proper¬ 
ty of citizeus of Ohio, while in boats attached to or 
moored by the Virginia shore, and all acts done or in¬ 
struments executed by such citizens of Ohio, or to 
them, to pass property in Ohio, or otherwise, to have 
effect in said State, shall be within the concurrent ju¬ 
risdiction of the two States. 

2. In all other cases, the two States shall havecon- 
current jurisdiction over the Ohio river to the actual 
edge, for the time being, of the water within the banks 
of the said river ; saving and excepting however from 
such jurisdiction, all islands in the said river ; and such 
islands shall be as fully exempt from any jurisdiction of 
the State of Ohio as if they were a part of the main 
land of Virginia. 

3. Nothing in this compact contained shall be so 
construed as to abridge, or alter, or vary the right to 
the free and common use and navigation of the Ohio 
river, reserved to all the citizens of the United States 
by the ordinance of Congress, of July I3tli, 1787,and 
by the State of Virginia in her act of Assembly, passed 
on the 18th day of December, 1789, and the seventh 
article of the compact with Kentucky contained 
therein. 

January 21, 1848. 

' [Vl.j 

To the paper presented yesterday by the Honorable 
the Commissioners of Ohio, and the enquiry therein 
contained, the Commissioners of Virginia have the 
honor to submit the following reply : 

They learn, with regret, that the Commissioners of 
Ohio are unwilling to settle the question of boundary 
between the two States, on any other basis than that of 
tne recognition and establishment of the low-water 
line on the northwestern side of the Ohio river, as the 
limit terminating the dominion retained by Virginia 
over the river. This they considered the utmost ex¬ 
tent to which the claim of Ohio has, at any time, been 
seriously pressed ; more especially as a larger claim 
lias been repeatedly, very recently, aud, as they believe, 
invariably, repudiated by the judicial tribunalsof that 
State. On the other hand. Virginia has, in the most 
solemn form, and h}' her highest public authority, as¬ 
serted her dominion to extend legitimately over the 
whole bed of the river, as well that portion of it which 
may be occasionally left bare by the temporary receding 
of the water, as that which is covered, at all times, 
witn the water of the stream between its banks. Un¬ 
der these circumstances, tile only hope, of adjustment 
must have rested on the disposition of each partv to 
abate something from the rigor and full extent of its 
claims. ’Ibis the Commissioners of Virginia think 
they have done, on their part, in no stinted measure, by 
proposing to make the actual edge of the water, for 
the time being, on the northwestern side of the river, 
the line of territorial demarcation, while the Commis¬ 
sioners of Ohio stand inflexibly upon the original 
claim of their State to low-water mark, without any 
abatement therefrom not already practically estab¬ 
lished. 

f'lio Commissioners of Ohio refer to a recent decis¬ 
ion oi the General Court of Virginia, as sustaining 
them in their rejection of the line of boundary propos¬ 


ed by the Commissioners of Virginia. It will be found, 
on the contrary, when the opinions of the Judges in 
that case are analyzed and examined, that a majority of 
them affirmed the rightful authority of Virginia over 
the river, at least to the water’s edge, for the time be¬ 
ing, on the northwestern side thereof ;—two of the 
members of the Court, who concurred in the judg¬ 
ment rendered for the defendants, having expressed 
themselves directly to that effect, and, when added to 
the five others who sustained the full territorial claim 
of the State, making a majority of the Court. In like 
manner, the proposition to make the actual edge of the 
water, for the time being, the line of boundary on the 
northwestern side of the ritrer, derives a more important 
sanction from two decisions, on the very point, of the 
highest court of Kentucky, (Church , tjfC. v. Chambers, 
3 Dana 274 ; and McFarland, fyc. v. McKnight, 6 B. 
Mon , 500,) by one of which ‘’the river Ohio from 
shore to shore,” is declared to be within the “bounda¬ 
ries” of that State ; and in the other it is adjudged, 
that, “the right of domain, sovereignty, and jurisdic¬ 
tion—the whole power, legislative, executive, and judi¬ 
cial, belongs to the State of Kentucky, over the waters 
of the Ohio river to the northweslean shore or bank .”— 
These solemn decisions of the highest court of judica¬ 
ture of a State standing in precisely the same relation 
to the question now under consideration as Virginia, 
abundantly show that the extrajudicial opinion of the 
SupremeCourt of the United States, referred to by the 
Commissioners of Ohio, has failed to settle the law of 
the case, and will, in all probability, be subjected to a 
critical and deliberate re-examination—a test, which, 
in the opinion of the Commissioners of Virginia, it 
will be found incapable to abide. 

Regretting, very deeply, that the effort to adjust this 
controverted question, by compromise, has been una¬ 
vailing—as the establishment of a satisfactory and 
well-ascertained line of boundary would be the most 
effectual mode of obviating all practical inconvenien¬ 
ces, as well as averting the possible occurrence of col¬ 
lisions—the Commissioners of Virginia are, neverthe¬ 
less, prepared to give a respectful and careful consider¬ 
ation to any proposition for settling the jurisdiction 
over the Ohio river, apart from, and saving the ques¬ 
tion of boundary and dominion, which the Commis¬ 
sioners of Ohio may think proper to submit. 

January 22d, 1848. 

[VII.] 

As to the branch of our commission which remains 
undisposed of : namely, the settlement of the question 
of jurisdiction ; it being understood that the same will 
be entertained apart from the question of boundary: 
we propose for the. consideration of the Honorable the 
Commissioners of Virginia, the following articles of 
compact relative thereto : 

Whereas important questions have arisen concerning 
the boundary between Virginia and Ohio, and concern¬ 
ing the jurisdiction of the said States, respectively, on 
the Ohio river ; and the States of Virginia and Ohio 
being sincerely desirous of now adjusting these ques¬ 
tions in a spirit of mutual friendship, so as to remove 
the occasion of controversies and col'isions which 
might otherwise grow out ol them have, therefore, ap¬ 
pointed, severally and respectively, two boards of com¬ 
missioner, to wit : The State of Virginia one board, 
consisting of Wm. C. Rives, Wm. Green, and George 
W. Tnompsou ; aud the State of Ohio another board, 
consisting of Thomas Ewing, John Brough, and 
James Collier, authorised and empowered to enter into 
a compact settling the aforesaid questions, or either of 
them. 

The Board of Commissioners being met together in 
the. city of Washington, this day of January, 

1848, and being unable to agree upon and adjust the 






THE NEW CONSTITUTION. 


boundary between the two States, do expressly save 
and reserve the rights of each as to the same, and all 
rights of every kind connected therewith and incident 
thereto, as fully and effectually as if these articles of 
compact had never been entered into ; and in execu¬ 
tion of the other branch of their commission, touching 
jurisdiction merely, do, on behalf of their respective 
States aforesaid, declare and establish the provisions 
and stipulations following, as articles of agreement and 
compact between the said States. 

1. That all structures and works of every kind, 
that may have been or shall hereafter be erected on 
either shore of the Ohio river, not injurions to the nav¬ 
igation thereof, and all boats, vessels, rafts, and water¬ 
craft of every kind, fastened or attached to the shore, 
or moored by it for the purpose of holding communi¬ 
cation therewith, on either side of said river, shall be 
deemed and taken to be, for the time being, under the 
exclusive jurisdiction of the State on that side of the 
river : Provided, that the persons and property of citi¬ 
zens of Virginia while in boats so .attached to or moor¬ 
ed by the Ohio shore, and all acts done or instruments 
executed by such citizens of Virginia, or to them, to 
pass property in Virginia, or otherwise, to have effect 
in said State, shall be within the concurrent jurisdic¬ 
tion of the two States. 

2. In all other cases the two States shall have con¬ 
current jurisdiction over the Ohio river to the actual 
edge, for the time being, of the water within the banks 
of the said river : saving and excepting, however, from 
such jurisdiction,all islands in the said river ; and such 
island shall be as fully exempt from any jurisdiction of 
the State of Ohio, as if tiiey were a part of the main 
land of Virginia. 

3. Nothing in this compact contained, shall be con¬ 
strued so as to abridge, or alter, or vary the right to the 
free and common use and navigation of the Ohio riv¬ 
er, reserved to all the citizens of the United States by 
the ordinance of Congress of July 13th, 1787, and by 
the State of Virginia in her act of Assembly, passed oil 
the 18th day of December, 1789, and the seventh arti¬ 
cle of the compact with Kentucky, contained therein. 

January 22,1848. 

[VIII.] 

The Commissioners of Virginia have considered with 
careful attention the project of a compact for adjust¬ 
ing the jurisdiction over the Ohio river, apart from and 
saving the question of boundary and dominion, which 
was submitted by the Honorable the Commissioners of 
Ohio, on the 22d instant. 

In that project, while important concessions are re¬ 
quired from Virginia, of an exclusive jurisdiction to 
Ohio, under certain circumstances, over the northwest¬ 
ern margin of the river, and also of a general and un¬ 
limited concurrent jurisdiction over the whole river, 
there is no security offered in return for the rights of 
citizens of Virginia, held under the sanction of her 
laws, which would be thus placed in jeopardy by bring 
ing them under the operation of a different system of 
jurisprudence. The full preservation and protection of 
the rights of her citizens, under all circumstances, 
formed, (it is believed,) the chief motive for the reser¬ 
vation of the Ohio river as a part of her domain, by 
Virginia, in her deed of cession of the Northwestern 
Territory. Proper and adequate security, therefore, 
for the rights of citizens of Virginia, held under the au¬ 
thority of her laws, on any and every part of the river, 
against any adverse action of the tribunals of Ohio, in 
virtue of the arrangements of jurisdiction proposed by 
the Commissioners of that State, in the first and second 
articles of their project, is in the estimation of the Com¬ 
missioners of Virginia, an indispensable accompani¬ 
ment and condition of those arrangements. 


If the Commissioners of Ohio are prepared to give 
(heir assent to this principle, then the Commissioners 
of Virginia will present articles framed with the ne¬ 
cessary detail to preserve and give full practical effect 
to it. 

January 24.1848. 

[IX.] 

The Commissioners of Ohio have respectfully con¬ 
sidered the paper presented them, on yesterday, by the 
Honorable the Commissioners of Virginia, and beg 
leave to remark, in reply thereto— 

That the proposition presented by the Commission¬ 
ers of Ohio, on the 22d,and which is observed upon by 
the Commissioners of Virginia, in their paper of the 
24th instant, was framed with a view to perfect reci¬ 
procity, and it was not understood by the Commission¬ 
ers of Ohio to concede any thing, upon either side, 
without an exactly equivalent concession on the other; 
and, on a review of the proposition, such seems to 
them still to be, substantially as well as literally, its 
character. 

That it is not found so by the Commissioners of Vir¬ 
ginia, seems to arise partly from their claim to domin¬ 
ion, in behalf of Virginia, on the northwest side of the 
Ohio river, beyond what the Commissioners of Ohio 
conceive to be its legitimate limits, and partly from a 
claim, new to us, of certain paramount and exclusive 
rights, as to jurisdiction over the Ohio river, supposed 
to be retained by Virginia, limiting and restricting and 
rendering in some degree subordinate the concurrent 
jurisdiction of the State of Ohio over the said river—a 
principle which the Commissioners of Ohio can by no 
means concede, and which, at this stage of the nego¬ 
tiation they do not deem it profitable to discuss. 

The Commissioners of Virginia say, in reference to 
the further progress of the negotiation, that proper 
and adequate security “for the rights of citizens of 
Virginia, held under the authority of her laws, on any 
and every part of the river, against any adverse action 
of the tribunals ofOhio, in virtue of the arrangements 
of jurisdiction proposed by the Commissioners of that 
State, in the first and second articles of their project, is, 
in the estimation of the Commissioners of Virginia, an 
indispensable accompaniment and condition of those 
arrangements,” and that if the Commissioners of Ohio 
are prepared to give their assent to these principles, the 
Commissioners of Virginia will present articles to car¬ 
ry them into effect. 

In reference to this suggestion the Commissioners of 
Ohio have to remark—that the rights of citizens of Vir¬ 
ginia held under her laws, within her dominion, can¬ 
not bo effected or impaired by either the concurrent 
jurisdiction, as it now exists, or by such modification 
of that concurrent jurisdiction as they have proposed; 
and the right of citizens of Virginia to their property 
within the domain of that State and under its laws be¬ 
ing perfect, there need be and there can be no further 
security against the action of the tribunals of Ohio 
upon it than is already found in the character of those 
tribunals, and in the supervisory power which the Su¬ 
preme Court of the United States has over their decis¬ 
ions. 

On the other hand, where the concurrent jurisdiction 
extends, or is proposed to be extended over the soil and 
dominion of the State of Ohio, the Commissioners of 
Ohio cannot consent that any thingshall be withdrawn, 
except as incident to the concurrent jurisdiction here¬ 
tofore proposed, from the operation of her laws and the 
action of her tribunals ; and, so far as the constitution 
of that State may be found to affect the question, we 
need hardly say to the Commissioners of Virginia that 
it were r.ot in the power of the commission, with all 
its proposed sanctions, to entrench, in the slightest de¬ 
gree, the provisions of that instrument. 








THE NEW CONSTITUTION. 


The guaranty asked by the Commissioners of \ ir- 
giuia, if effectual, must carry with it, expressly or by 
implication, the concession of boundary and dominion 
proposed in their draft of compact, presented on the 
13th inst., to which the Commissioners of Ohio felt 
themselves unable to accede, and they are therefore not 
prepared to give their assent to the principles proposed 
by the Commissioners of Virginia as tiie basis of furth¬ 
er negotiations. 

January 25, 1843. 

[X.] 

The Commissioners of Virginia, in acknowledging 
the receipt of the papers presented to them yesterday 
by the Honorable Commissioners of Ohio, beg leave to 
accompany that acknowledgment with the following 
remarks: 

In reference to the character of entire reciprocity, 
claimed by the Commissioners of Ohio for the proposi¬ 
tion submitted by them on the 23d instant, when it is 
borrfe in mind that^he exclusive jurisdiction proposed 
to be given, under certain circumstances, over a portion 
of the river along either shore, was, on the Ohio side, 
not restrained to the low-water line, the boundary 
claimed by that State, and would, doubtless, in point 
of fact, often pass over that line into the dominion of 
Virginia, it is lnatiif-st there could be no practical reci¬ 
procity in giving, in words, a like jurisdiction to Vir¬ 
ginia on her side of the river, where her acknowledged 
dominion over the river was already complete and un¬ 
limited. If it be said, that, by the terms of the com¬ 
pact between Virginia and Kentucky, Ohio has a con¬ 
current jurisdiction over the river on the Virginia side, 
which, in the proposed, arrangement for exclusive ju¬ 
risdiction along the margin of the river on the respec¬ 
tive shores she agrees to waive in favor of Virginia in 
the cases provided for, it cannot surely be alleged that 
a waiver of concurrent jurisdiction alone is an “exact 
equivalent concession” for a waiver of both concurrent 
jurisdiction and dominion, of the acknowledged do¬ 
minion of Virginia below low-water mark on tile 
northwestern side of the river, as well as of dominion 
claimed by her above low-water mark, as far as the bed 
of the river extends. 

In regard to the nature and extent of the concurrent 
jurisdiction of the Ohio river, now held by the State 
of Ohio under the seventh article of the compact be¬ 
tween Virginia and Kentucky, it must be apparent to 
the Commissioners of Ohio, that a jurisdiction of that 
kind, granted in connection with, and as incident to, 
the free and common use and navigation of the river, 
(which was the chief subject matter of the stipulation 
of that compact above referred to,) is a very different 
thing in terms, and may well be in its practical conse¬ 
quences, from the general and unqualified concurrent 
jurisdiction now proposed to be given as a substantive 
and independent arrangement. 

The effect, then, of the arrangements proposed by 
the Commissioners of Ohio, respecting concurrent as 
well as exclusive jurisdiction, being to give a new and 
enlarged scope to both in behalf of Ohio, not merely 
without a practical reciprocity to Virginia, but in such 
a way as to expose the rights of her citizens, held un¬ 
der the protection of her laws, to new and extraneous 
hazards, nothing seemed more reasonable than that con¬ 
cession and accommodation sought from one party, 
should be accompanied with corresponding concessions 
and accommodations tendered by the oilier ; or, at 
least, that dangers on one side should be countervailed 
by securities on the other. Less could not be expected, 
than that the rights of citizens of Virginia, enjoyed un¬ 
der the sanction of her laws, when brought under the 
operation of a different system of laws, and of other 
tribunals than her own,in virtue of the very arrange¬ 


ments respecting jurisdiction proposed by the Commis¬ 
sioners of Ohio, should be guarantied from harm in 
consequence of this superinduced jurisdiction, not 
merely by vague legal deductions and implications,but 
inexplicit aud unequivocal terms. Virginia asus no 
guaranty for the rights of her citizens from Ohio, so 
long as tlie existing state of things is maintained.- 
Hut, when Ohio seeks to change that state of things in 
a mode involving risk and embarrassment to the rights 
of citizeus of Virginia, Virginia cannot consent to the 
change without just countervailing securities. 

To say, in answer to this demand, that Ohio cannot 
agree to withdraw anything within the limits of her 
dominion from the operation of her laws and tne action 
of her tribunals, is to assume as settled the very ques¬ 
tion of boundary which the Commissioners of Ohio, in 
suggesting an arrangement respecting jurisdiction 
alone, proposed should lie left open. The space over 
which exclusive jurisdiction is proposed by them to be 
given to the State of Ohio is debateable ground, as to 
boundary, at least above low-water mark. V hile 
treating of jurisdiction, apart from boundary, the argu¬ 
ment above named implies that the arrangement for ex¬ 
clusive jurisdiction proposed by the Commissioners of 
Ohio is equivalent to, if not identical with, an establish¬ 
ment of boundary. To the allusion made to the over¬ 
ruling authority of the constitution of Ohio, the Com¬ 
missioners of Virginia would merely remark, that no 
conflict with the provisions of that instrument is in¬ 
volved in anything they have proposed ; and even if it 
were otherwise, that instrument, high, and justly enti¬ 
tled to respect as it is, must nevertheless be construed 
in subordination to the guaranties contained in the or¬ 
dinance of 1787, and the compact between Virginia 
and Kentucky, of the free and common use and naviga¬ 
tion of the Ohio river to the citizens of the United 
States, with all the rightful consequences, whatever 
they may be, deducible from that guaranty. 

In conclusion, it is only left for the Commissioners 
of Virginia further to remark, that the Commissioners 
of Ohio having declined giving their assent to a princi¬ 
ple which they deem to be of incontrovertible justice, 
and which they have already declared to be, in their 
estimation, an indispensable accompaniment and con¬ 
dition of the arrangements proposed on the part of 
Ohio, the negotiations in which they have been engag¬ 
ed are thereby necessarily brought to a close. Their 
regret at this result is diminished by the belief that no 
material inconvenience is likely to flow from it to eith¬ 
er partv, if a spirit of good neighborhood and friendly 
intercourse shall continue to prevail between two 
States having so many motives to cultivate cordial and 
mutually beneficial relations with each other. 

Washington, January 26, 1848. 

General Bern in Baris. 

Douglass Jerrold’s (London) News, of Sept. 22d, 
has the following, by which it will be seen that the 
brave Gen. Bern is in Paris : 

Dear Sir: I think you may positively announce that 
the heroic Gen. Bern arrived safe in this city on Mon¬ 
day. The German papers falsely represented that he 
had fallen into the hands of the Russians. A friend of 
mine got the information of Bern’s arrival from a Hun¬ 
garian, who stated that he had accompanied him. 

Yours, truly, G. C. 

If Bern should visit the United States, he would be 
greeted by the warm hearts who wished him success 
in the glorious cause for which he fought, during the 
late fearful struggle in Hungary, and who can deeply 
sympathize with him in his defeat- 












THE NEW CONSTITUTION 


i he Trickery to defeat the Sew Constitution 
on the eve of the Election. 

The very day the joint resolution allowing the people 
of Ohio to vote for or against a Convention to remodel 
the State Constitution, we issued our prospectus for 
the publication of a paper devoted to a discussion of 
the reasons, pro and con, whether the present Constitu¬ 
tion should be remodeled or not. The joint resolution 
passed by a union of Democratic, Whig, and Free Soi] 
votes, and, from that fact, hoping that the question was 
not to be a political one, nothing was said in our pros¬ 
pectus on the subject of politics, leaving ourselves free 

to the discussion of every question, in all its aspects 
and bearings. 

By those who differed with us on political questions, 
we were assured as the canvass progressed, that party 
politics would not enter into the contest at all, that 
men ol all parties, would be found arrayed side by side 
in the effort to give Ohio a Constitution worthy of her 
standing among the states of the union, and her re¬ 
sources and people, and worthy the progressive spirit of 
the age. But few of the political papers of the state 
took ground against it, and even those that did, were 
exceedingly careful to assure their readers, that the sen¬ 
timents they published were their own, not that of 
their party. 

During the whole campaign great pains were taken 
to keep the “New Constitution” entirely aloof from 
party politics—many, and able articles touching on the 
various questions discussed were excluded from its col¬ 
umns because they bore a partizan character, and in 
other selected articles, whole paragraphs of a party 
character, wee struck out, because they spoke of the 
parties and the party conflicts of the day, and well 

written communications were rejected for the same 
cause. 

Our columns were as open to those who differed with 
us, in our views of the amendments to be engrafted in¬ 
to the new Constitution, as to those who thought as we 
thought, for our object was to embody in the pages of our 
publication, the entire argument against as well as for, 
a new Constitution, and thus to make it valuable. 

While we do not regret the exclusion of political ar¬ 
ticles from our publication, and in the midst of our re¬ 
joicing, that the people of the state have decided, as 
at the present writing we have every reason to believe 
they have, in favor of a Convention, still the truth of 
history requires the fact to be known that on the eve 
of the election, a systematic, combined, and unfair ef¬ 
fort was made to defeat it, in the different counties of 
the state, by the leaders of that party, who had so earn¬ 
estly protested that it should not be made a party ques¬ 
tion. Where the feeling against the colored popula¬ 
tion of the state was strong, there the charge was made 
that the intention was to give the colored man the right 
to vote, and in other counties the charge was made 
that the intention was to introduce slavery into the 
state. The fact that all votes for Representatives, not 
having on them the words “For a Convention” would 


3" 7 


be counted as against the Convention, was taken ad¬ 
vantage of, by the secret opposers of Constitutional 
Reform, and at the polls on the morning of the election 
were found tickets with the words “For a Convention 
and “Against a Convention” printed thereon, and ma¬ 
ny of these were voted, and were, under the peculiar 
wording of the present Constitution, counted as against 
the Convention, while numerous other tickets were 
afloat, having nothing on them in reference to a Con¬ 
vention, and being voted, also counted against the 
measure, and was a portion of the fraud—for fraud it 
was, by which it was hoped to defeat the calling of a 
Convention to amend the Constitution. 1 hose who 
played this disreputable part, sought to stifle discussion 
previous to the day of voting. The friends of Consti¬ 
tutional Reform, put forth the principles they wished 
engrafted in the Constitution, and sought to elicit ob¬ 
jections to them, if any existed, and our publication, the 
only one in the state devoted exclusively to the subject, 
was as open to the opponents of Constitutional iceform, 
as to its friends, and while we rejected communications 
from the friends of a new Constitutiona because of 
their party aspect, we never in any case, rejected tlu 
arguments of those who opposed the measure. 

Such being the facts—such the pledges given, we 
hesitate not to say, without transcending the rule laid 
down by us, that the course pursued by the party lead¬ 
ers, who opposed the measure, was calculated to deceiv e, 
was unjust and unfair, and such as must recoil on 
themselves. 

If opposed to anew Constitution, why not resort to 
arguments, instead of secret plottings? Why not 
meet the question fairly, openly and with a spirit of 
candor, and stand or fall by the soundness or unsound¬ 
ness of their views ? The reason is obvious ! They 
feared that the argument was against them—that tal¬ 
ented as they are, they could not make the “worse ap¬ 
pear the better reason,” and hence they resorted to 
trickery to defeat that, which they could not do by open, 
manly and sound argument. 

We said that from the information before us, that 
the Convention question has carried, and carried too, 
notwithstanding all the efforts, open and secret, to de¬ 
feat it, by a large majority. When the new Constitu¬ 
tion is framed—when the people alone will have the 
right to decide whether the state debt shall be increased 
—when all the state and county officers are elected by 
the people, and the other reforms taught by the forty- 
seven years experience in this State to be necessary, 
are engrafted in that instrument, as engrafted they will 
be, and the people of the state can point to their new 
Constitution, as the model one of the model Republic, 
then will the men who secretly and by underhanded 
efforts sought to defeat it, will rue their trickery and 
cunning, in sa ckcloth and in ashes. 

The Steubenville Herald states that the whole amount 
of stock necessary to complete the Railroad from Steu¬ 
benville to the Ohio Canal is taken, except $149,UUU, 
which it is confidently expected will be taken. 











378 


THE NEW CONSTITUTION. 


From theUrbanna Expositor. 
Vote on the Convention. 

Before knowing the result of this vote, we feel like 


remarking on the course of certain of the opposition 
press, with reference to it. Everyone will admit tiie 
convention question to be an important one—impor¬ 
tant if changes are needed, and if not needed, it is 
important that they should not be made. Every law 
must conform to the constitution. If the constitu¬ 
tion as it is, is restrictive to wholesome legislation, such 
restrictions ought to be removed. The legislature, as 
we suppose, acting under the honest belief, that a re ¬ 
form in the constitution was desirable and needed, al¬ 
most unanimously resolved to recommend to the peo¬ 
ple, to vote on the subject of a convention to reform 
the constitution. By this the way was opened. The 
matter was thus fairly presented to the people. The 
people were to vote on it, and before voting they had a 
right to have the full facts of the case before, them. 

That the Legislature had resolved to place the ques¬ 
tion before the people, was priina facia evidence, that it 
was a question of some interest to them, and one which 
ought to be understood before acting on it. Well, 
what are the facts? Have all the presses of our State 
engaged in the discussion of this subject? Have cer¬ 
tain men argued in its favor, and have they been met 
by others with rebutting arguments', so that every part 
of a momentous question has been thoroughly can¬ 
vassed, and generally and thoroughly understood? We 
should be glad to answer in the affirmative, but facts 
will not warrant it. The democratic press generally 
have entered into the discussion of this subject, with an 
earnestness proportioned to its magnitude. It has pre¬ 
sented the reforms which should be made in the con- 
stiluiion, and has sustained them by argument. But it 
is not so with the whig press. By most of them it has 
been passed over silently as possible—a few have open¬ 
ly opposed it, but not with argument. They have ap¬ 
pealed to the fears of the timid. Thpy have made 
significant nods accompanied with insinuations that 
“there was danger in tampering with the constitution.” 
Better let it alone than to risk its reform by radical pol¬ 
iticians. It has answered a good purpose, and if we 
submit that sacred instrument to be remodled by dis¬ 
honest politicans, they will make sad work of it. The 
lathers and framers of the constitution were honest 
men, but we fear to trust the men of these times. 

Too much dishonest, &c., <fcc. Now we appeal to 
the whigs if this is not true, and of the reasoning part 
ol them we ask, if they are willing to act upon such 
argument as this. Is it not mere children’s talk, and 
unworthy of men endowed with the noble faculty of 
reason, and the power of argumentation. Why not 
approach the subject with manly candor, and give it a 
lair investigation before deciding against it, instead of 
raising objections that children ought, to be ashamed of. 
We speak plainly on this subject because we know 
there were scores of men in Clark county who voted at 
the election, against the Convention, who had never 
heard an argument for or against aconvention. “We 
speak that we do know, and testify ‘hat we did hear” 
when vvesav that intelligent whigs scarcely knew that 
the convention was to be voted on, and when informed 
ol it, were entirely unacquainted with the steps neces¬ 
sary to a reform of the constitution; and were under 
the necessity of asking the most simple questions with 
reference to it. After five minutes of explanation, 
whigs were heard to say they would have voted for a 
convention, if thay had fairly understood the facts. 
But they had had no opportunity of learning them. 
Their paper had not given them. They had been kept 
in the dark. We know that whigs have no interest in 
being deceived and imposed upon, and if this is not the 


fact in this case, it is a fact that one of the most impor¬ 
tant questions ever before a people has passed off, and 
those whose duty it is to keep the people informed on 
such subjects, have studiously kept hack the subject, 
and its discussion, and we suppose that for this reason 
‘he vote of Clark county will be recorded against, a 


convention. We care not what argument the Repub¬ 
lic might have used against aconvention, if it had giv¬ 
en a fair statement of the facts. The people are capa¬ 
ble of drawing their own conclusions if they have the 
facts. But these were kept away from them. 

We speak freely because from the first, we have ar- 
o-ued against placing this question on party grounds. 
We hoped that whigs and democrats together would 
support a convention. The votes of whigs were need¬ 
ed to carry it through. But for the want of a fair 
statement and discussion of the question, we suppose 
nine tenths of the whig votes of Clark county were 
cast against a convention. And if the question should 
carryln the State, what wonder if democrats should 
feel that it is a democratic measure, and made so by 
whig opposition. 

The New Constitution. 

We stated the other day the New Constitution was 
carried in Muskingum county, we did so from what 
vve hea'-d at the time, and knowing that the City had 
cast Us vote in favor of the measure 

We thought the schoolmaster had b^en abroad in the 
County as well as the City, and grieve to find our mis¬ 
take. It will be a sad disappointment to us, if the 
State comes to the same conclusion. 

Let any one compare the Constitutions of INew York 
and Ohio, and he must at once be struck with the vast 
superiority of the former to guard the rights and liber¬ 
ties of the people; and prevent that mass of corruption 
that so unfortunately prevails in the various depart¬ 
ments of representation, and Government in this state. 

We are not alluding to either party, but to the system, 
which permits anv party possessing the po.ver to profit 
by the opportunities that lax safeguards place within 

their grasp. . 

The only reasons we heard advanced against a JNew 
Constitution were these—“We have done very well 
under the old—we have increased in wealth, and the 
Earth has given ns its fruits in due season.” This is 
about as good as that given by a Patlander, whocontin- 

ued the old barbarous custom of fastening an old rope 

to the horses tails to make them plough with (see Miss 
Edgeworth’s works) and on being asked the reason 
why he continued the practice replied, “Shure,sur, my 
Father did it, and my Grandfather, and his Father be¬ 
fore him, (God rest their souls,) and they all lived to 
bo ould men, and died well to do in the world, wid a 
stocking full of ould Gould, and why should I alter, 
sir? Besides,” added Put, “the real strength of the 
craters is in the Back Bone, and the tail sure is the end 
of that bone, and so the tail end must be the right place 
to fasten the trace to;” and this is the end of our tale. 

j Zanesville Daily Star. 

Constitutional Reform. 

1<!o positive assurance has been received that the people 
of Ohio have decided in favor of a convention to amend 
the present constitution, but. we fondly anticipate a 
glorious majority—such a majority as will close the 
mouth of opposition for all time to come. We are bad¬ 
ly deceived, if the people have failed in carrying this 
favorite and necessary measure. “There is a good time 
coming, wait’a little longer.”—Bring out the big gun, 
load her to thejmuzzle, and prepare for a grand salute. 
The days of anarchy and misrule in the Buckeye 
State will soon be ended. They will! 

[Youngstown (O.) Rep. 



















THE NEW CONSTITUTION. 


From the Cincinnati Cazette. 
Railway Enterprises. 

The Railway from Columbus to Xenia will be ready 
for travel in January next, and the whole line to Cleve¬ 
land in another year. 

The road from Wellsviile to Cleveland will soon be 
finished. 

These two roads unite at a common depot, on Lake 
Erie, at the mouth of Cuyahoga. By filling the Lake 
they obtain 40 acres for the joint depot ! The Colum¬ 
bus line comes in just above the New England Hotel, 
where there is a passenger depot, and from thence pas¬ 
ses down under the hill to the general depot. The 
Vt ellsville road strikes the Lake further down and 
passes up on the Lake shore to the common depot. 

The road from Springfield to Dayton is pushed on 
with energy, as is also that from Dayton to Greenville. 

The line from Hillsborough to it's junction with the 
Little Miami road, is now partly under contractand the 
whole will be soon. 

The line from Sandusky by Mansfield to Newark, is 
rapidly advancing to completion south of Mansfield. 

The work on the line from this city to Hamilton and 
Dayton, it is confidently expected will soon be resumed, 
and eventually pushed on until the whole line is com¬ 
pleted. 

In Indianna the people are wide awake on the sub¬ 
ject of railways. Lines are under contract from Law- 
renceburgh to Greensburgh. From the Madison road 
at Edinburgh north-east to Shelbyville, and north-west 
to Martinsville. From Indianapolis to Winchester, 
north-east towards Bellefoutaine, south-west to Terre 
Haute, north to Peru, and north-west to Lafayette.— 
From Martinsville toGreencastle. From Albany north¬ 
wardly to unite with a line from Lafayette south, and 
the Terre Haute and Indianapolis line. 

On all these lines, with one or two exceptions, the 
farmers—the people along the line who of all others re¬ 
ceive the most benefit from such works—come forward 
and open a free way for the road, and subscribe liberal¬ 
ly to lire stock. The exceptions, we regret to say r , ore 
found near this city, in Hamilton and Butler counties. 
The project of the railway from this to Dayton, &c., 
has in many instances doubled the value of "the farms 
in the neighborhood of the proposed line, yet they 
subscribe very little stock or noneat all, and resist with 
all their energy, all the movements of the Company to 
obtain the right of way ! We do rot speak of antici¬ 
pated increase in value merely for many have already 
sold at an advance of one hundred percent, on the price 
they asked before the road was begun, and have al- 
reauy realized the benefit; yet they resist every appli¬ 
cation for the right of way. This is particularly the 
case in Hamilton county. In Butler the right of way 
was yielded on liberal terms. We understand now, 
that so soon as the right of way is settled from the line 
of Butler county to the city, the work will be recom¬ 
menced and the road completed in a short time. 

The Mormon Stnte. 

The St. Joseph Gazette understands that the Mor¬ 
mon settlements, in the Great Basin will send a dele 
gate to Congress in December, with the design of pro¬ 
curing the organization of a government in the Great 
Basin as a separate territory, with the view of its ad¬ 
mission into the Union as a State. 

But a few years will elapse before there will be a 
population of 60,000 in the Territory. 

The Frontier Guardian, (the Mormon paper) adds 
that Dr. John M. Burnhisel, the delegate from Sail 
Lake City, with a petition for a territorial government, 
is now on his way to Washington. 


‘:?9 


The Farmer-—The Foreign Market. 

We give below a table, made up With much care, 
showing the exports of breadstuff's to Great Britain and 
Ireland for one year, ending on the 1st of September 
last. Those who are in the habit of ridiculing the value 
of the foreign market to the farmer, will find in the 
following figures some very ugly facts for their favor¬ 
ite theories: 


EXPORT OF BRF.ADSTUFFS, 

To Great Britain and Ireland, from Sept. 1, 1848, to 
Sept. 1, 1849. 


FROM 

TO 

Flour. |C.M’I. 

Wheat. 

Corn. 


1849. 

bbls. 

bbls. 

bush. 

bush. 

N. Y., 

Aug. 

31 

777,716 

34.661 

588.953 

6.569,104 

N. 0.. 

“ 

31 

165,458 

4.083 

128,988 

2,571,603 

Phii’a., 

U 

31 

75,769 

24,612 

213.640 

1,327,075 

Balt’e., 

“ 

31 

93,509 

8,347 

164,622 

1,001,667 

Bost’n, 

“ 

31 

16,169 

5.174 

12,385 

521,026 

Ot. pt’s 

(s 

31 

8,995 

5,303 

31,606 

694,736 

Total, 



1,137,556 

82.900 

jl .140,194 

12,685,261 


It will be seen from this that our exports of Indian 
Corn have nearly approximated to that of the great 
year of 1840, when they were 3,155,844 bbls. of flour, 
844,187 bbls. corn meal, 4,004,839 bushels wheat, and 
17,157,659 bushels Indian corn. What would the far¬ 
mer realize fur his flour and wheat and corn, were he 
to wait until a home market was found for the millions 
of bushels here noticed as sent abroad? And yet, if 
the farmer asks that this market may lie continued to 
him. and that prohibatory laws, under the plea of pro¬ 
tecting some comparatively unimportant interest, may 
not drive so good a customer from our maiket, a hue 
and cry is at once raised of free trade radicalism, and 
instead of a just respect for the opinions of those en¬ 
gaged m ail important branch of industry, and who 
ask only equal chances to live, the most illiberal de¬ 
nunciation of persons and their motives fill all the pa¬ 
pers in the interest of the branches of industry asking 
protection from one extreme of the Union to the other. 
Though the season has commenced with prices from 
5(®10c. per bushel less on grain, and 50c per bbl. on 
flour than at the corresponding period of last year, and, 
though it is apparent, with a lair average crop there is 
nothing to warrant high prices, the disposition to rob 
the farmer of the foreign market, hv driving foreign 
articles brought here, in exchange for our produce, out 
of our market, is more determinedly demanded than 
ever. It should not be. The average price of grain at 
I New York, from 1st Sept. 1848, to IstSepi. 1849, has 
been on— 

Western and South, wheat, fair quality, 108c per 60 lbs. 


Genesee wheat.126!.,“ 60 “ 

Western ahd Southern Indian Corn.... 61)4 “ 56 “ 

Northern round yellow do. 65)4“ 56 “ 

Northern Rye. 62)4 “ 56 “ 


The average price of Genesee flour, of fair average 
quality, taken on the flrst Wednesday of each month, 
(Sept. 1st, 1848, to Sept. 1st, 1 >-49,) is $5.62)4; 011 d°- 
for the:26 years,frern Jan. 1st, 1823, to Jan. 1st, 1849,is 
$5.97)4. Require the farmer to sell all that he pro¬ 
duces at home, and instead of present remunerating 
prices, the ruinously depressed condition of agriculture 
in 1840 will again be felt. 


Immigrants. —The number of vessels that have 
brought passengers to the port of Boston, for the quar¬ 
ter ending October 1st, is three hundred and thirty- 
six. The number of passengers landed are 13,869.— 
Whole number which arrived in the same months last 
year 7,295. Showing an increase of 6,574. 


























380 


THE NEW CONSTITUTION. 


From the Cincinnati Atlas. 

The Search forSir John Franklin. 

Mackinac, 1st, Oct., 1849. 

Gentlemen: Ijarrived here this morning from the 
Lake Superior region. Sir John Richardson was a 
fellow-passenger with us from the Sault. He is on his 
way to England—returning from an unsuccessful 
search after the ill-fated expedition under Sir John 
Franklin, whither he was sent by the British Govern¬ 
ment sometime ago. His route has been a long and te¬ 
dious one. He arrived at the outlet of Lake Superior 
on his way out, about eighteen months since. Thence 
he proceeded along the Northern coast as far as Fort 
William—ascended the Kaministiquia River passing 
through Rainy Lake, and the Lake of the Woods— 
thence crossed to the Siskatchawen, w hich flows into 
the Columbia, decended that stream for some distance— 
thence proceeded up its Northern Branch. He then 
crossed over to the McKenzie River, and descended it 
to the Artie Sea. 

Along the shores of this sea, he coasted between five 
hundred and a thousand miles, without meeting any 
traces of Sir John Franklin. The Indians who fre¬ 
quent the coast west of McKenzie’s river, only con¬ 
firmed his sad forebodings. The distance traversed by 
him, from the head of Lake Superior to the Artie 
Ocean, is about 3500 miles. He passed last winter at 
Bear Lake, where he erected a house, and laid in an 
abundant supply of fish. As early as the 15th of Sep¬ 
tember, the streams and small lakes were closed with 
ice, and remained in this state until the 1st of May.— 
He proceeds immediately to England—the bearer of un¬ 
welcome tidings. 

The whole number of men who composed the expe¬ 
dition of Sir John Franklin, was about one hundred 
and fifty—distributed in two ships. They had provis¬ 
ions for three years on boaad. There is now but little 
doubt that they were enveloped and crushed in the ice. 
Had they been wrecked and cast ashore, it is thought 
that some fragments of the wreck would have been 
picked up by the Indians. Had the crew succeeded in 
getting ashore, they could have ascended the McKen¬ 
zie’s or the Coppermine river, and reached some of the 
Hudson Bay Co’s, posts. The streams and lakes 
abound in fish, and starvation would be among the 
least ills to be apprehended. 

Sir John Richardson isa man past sixty years of age 
—but still hale and vigorous. He accompanied Capt. 
Franklin in his first voyge to the Polar seas, and it is 
to him that the Scientific world is almost entirely in¬ 
debted for thepnformation it has of the Geology .Zoology, 
and Botany of that hyperboreon region. His appendix 
to Sir John Franklin’s work—his memoirs of the quad¬ 
rupeds and fishes of that reg on, are monuments of in¬ 
dustry and research, which will confer on him a dura¬ 
ble reputation. He does not yet despair of discovering 
some traces of the Expedition. 

Dr. Ray, of the Hudson’s Bay Company, has also 
explored another portion of the Artie Coast—but the 
result of his exploration will not be received till March. 
The Report of the Expedition throughBhering’s Straits 
will be received as early as November. There is still 
hope that Sir John Franklin survives—but that hope 
hardly amounts to a probability. 

Immigration to California, 

Seems to have become rife again. Four packet ships 
have sailed from New York tor San Francisco within 
a week, with full cabins, and some five or six from Bos¬ 
ton, Philadelphia, and other ports. During the month 
of September, 42 vessels cleared for the gold region, 
viz: 9 from New York, 2 from Philadelphia, and the 
remainder from Boston and other New England ports, 
and the number of passengers is estimated at 2,000. 


From the N. Y. Courier and Enquirer. 
California—Extract of a Trivate Letter, dated 
San Francisco, Aug. 1, 1849. 

This land of hope is a humbug; the climate insuffer¬ 
able, a heavy wind blowing all the time, which keeps 
such an immense amount of dust in circulation that 
decent cleanliness is impossible,—New York in spring 
time is nothing to it. It seems always cool; there was 
hardly a day in July on which summer clothing could 
be worn with comfort until evening. 

The mines are as they have been represented: no 
idea can be formed of their productiveness. The ore 
may be superficially deposited, but that remains to be 
seen. They dig now about twelve feet deep, and have 
gone all over the country. Yesterday I saw a huge 
lump, and weighed it myself; it weighed fourteen lbs-, 
nine ounces, and fourteen pennyweights! To the eye, 
there was a large quantity of quartz in the mass, but 
the gold ran through it in all directions, in large veins. 
On one side it was all gold. How deep the gold was, 
is not known, but it is worth twenty dollars an ounce 
as a specimen. 

•In the streets here,you can pick up dust which, with 
the art used in mints, could be turned to great accouut. 
The whole country seems to be a gold mine, the soil 
being every where more or less impregnated with it. 

I am sorry to say that brass filings are introduced 
pretty freely, and are somewhat successful. They ap¬ 
pear to be colored by the magnetic battery, but to the 
touch are easily discovered. Nevertheless, in large 
quantities, twenty per cent, could be introduced with 
little risk; but woe to the man who is caught at it. 

Lumber, at this time, is worth $300 per thousand 
feet, and has been as high as one dollar per foot. This 
fall, in October, it will be worth $500 per thousand. 
Houses, as you have doubtless seen by the papers, are 
in great demand. We have a little one, twenty by 
twenty-five feet,and one story and a half high, which 
cost $4000 and over; but it is the neatest in town. 

Good articles will bring one to two hundred per cent, 
upon cost; but many wiseacres have sent out rubbish, 
old stock, &c., generally invoiced at quadruple advance, 
and will deservedly lose, for here we have a choice of 
markets. 

The China goods were not saleable, as many cargoes 
have arrived and many are expected. Teas cannot be 
sold, and are generally reshipped. Flour is on the rise 
—it will be worth $40 a barrel again in October, unless 
there are large shipments from the States. 

The shillings you shipped did not turn out well. I 
had to sell them out at a discount of 3 per cent. The 
town is flooded with them, and there is not an article 
as low as a shilling. Drinks are quarters. I have some 
money out at interest at 5 per cent, per month, well 
secured, and have invested some in lots in Portland, 
Oregon, which will pay a large interest before January. 
The lots are $100 each. It is at the head of naviga¬ 
tion, as vessels cannot get to Oregon City. There are 
now some three lines of regular vessels making trips 
there. Lots in San Francisco are too high, and those 

in the river towns are too high also. F-has a town 

which comes out in the fall, which will be the place of 
trade on the San Joaquin. It is on the branch of the 
Tuwolami, and the head of all navigation on that river 
or its estuaries. To it will run the first line of steam¬ 
ers or steamboats. Yours truly, C. L. 

Western Artists. 

At the recent Michigan State Agricultural Fair, held 
in Detroit, one of the Committee recommended that 
Dip.omas be given to T. D. Jones, Martin Duncanson, 
^nd \V. O. North, Artists, for specimens exhibited. 











THE NEW CONSTITUTION. 


3SI 


The European Drama. 

The last foreign intelligence obtains exciting interest 
from the fact that Hungary shows new signs of insur¬ 
rection. Coinorn defies the murderers of the Magyar 
people, and from the fortress proclaims the determina¬ 
tion to make that fine city an other Saragossa. The fort¬ 
ification at Comorn is said to be the strongest in Eu¬ 
rope. We see other signs of disaffection to the cause 
of Anstro-Russia, which the reader will not fail to per¬ 
ceive. Another feature .that will be received with in¬ 
terest, is the attitude of France to Rome. Our 
shrewd Paris correspondent is acquainted with the in¬ 
tentions of the President- Prince, who is resolved, it 
would seem, to sustain his letter to Lieutenant Colo¬ 
nel Ney, against the Pope, at all hazards. France may 
thus be compelled togoto war forthevery people against 
whom she very recently directed her bayonets. For 
the sake of Rome, we wish success to her errand; but 
the whole world will laugh at her blindness in not hav¬ 
ing been ready, long ago, to act the part that circum¬ 
stances may now force upon her. As we have often 
predicted, the chance is now that in taking up arms 
against the absolute pretentions of the Pope, she will 
have to fight Austria, Naples, Spain and even Russia. 
Indeed, it his certain that she must do so, if the senti¬ 
ments of the Ney letter are not accepted by Pius and 
the Cardinals. Not -to have foreseen this fearful con¬ 
tingency months ago, argues a state of wilful and crim¬ 
inal infatuation. To go to war for Rome at present, 
France will have few backers. Hungary cannot raise 
her hacked and bleeding arm to help her, and where 
before she would have found myriads swarming under 
her banner, she will now find herself surrounded by a 
population cursing her cruel delay. But we repeat 
that we hope for the best. We hope, if France should 
raise her tri-colors for Rome, she will be enabled at the 
same time to rouse the fainting Magyars, to inspire 
the desponding Germans, to put arms into the hands 
of the excited countries of the Mediterranean, and to 
breathe into the frame of European Liberty the breath 
of a new life. If Louis Napoleon can accomplish this, 
we shall forgive him the infamy that led him blindly 
to strike down the cause of mankind in the vain at¬ 
tempt to carry out his insane and guilty policy. 

f Pennsylvanian. 

New Project. 

The National Intelligencer says, the “Florence City 
Associate”—one of those building associations whose 
object is to make “every man his own landlord”—has 
contracted for the purchase of a site knowji as “High 
Banks,” about midway between Bordentown and Bur¬ 
lington, in New Jersey. To accomplish its object, 2,- 
500 lots are set apart to be built on, and the whole bal¬ 
ance of the property assessed at rates amounting to¬ 
gether to a sum sufficient to pay for the houses. The 
prospectus adds: 

“On these 2,500 lots it is proposed to build houses 
of such size and description as shall appear to be most 
in demand; the smallest, called No. 1, to cost not less 
then $300, and to occupy one lot; No. 2, to cost $600, 
and to occupy two lots; No. 3, to cost $900, and to oc¬ 
cupy three lots; No. 4, to cost $1,200, and to occupy 
four lots, and so on. These houses will cost together 
$75,000, which is the amount of the whole remaining 
property at the permanent rates. The sale of the en¬ 
tire property will finish the houses at the same time.— 
The houses are to be disposed of by 2,500 shares of 
house stock, for which the holders pay $1 per month, 
or, in all, $30,000 per. annum, being exactly sixty per 
cent on the capital stock.” 


The Labor of Nations. 

The following sound and eloquent remarks are taken 
from the Washington Union: 

“The labor of nations cannot by the wit of man be 
so regulated as to prevent the production of surpluses 
which must perish, or must be exchanged with other 
notions for the surplus productions which their labor 
creates. And as if to make the hand of Providence 
more visible in this matter, and to proclaim to mankind 
that they shall trade with each other, mingle together, 
exchange ideas as well as the products of their labor, 
and thus advance the progress of civilization, nations 
have been placed in different localities on the globe, 
with different climates, producing different products, 
ail of which products minister to the comforts and lux¬ 
uries of all nations, and are therefore desired by all.— 
Hence the exchange by one nation of the surplus pro¬ 
ducts of its own labor, which it does not want, for the 
surplus products of another nation which it does want. 
These different localities and climates also produce 
modifications of the person, the color and the mental 
constitution of men, also modifying their skill in the 
arts and the productions of art. Plence one nation ex¬ 
cels another in fanciful fabrics, while it is excelled by 
others in the more substantial, thus creating almost an 
infinite variety of manufactures, and generating the 
same necessity or desire of exchange, trade, and inter¬ 
course. And thus is the great machinery of the world 
carried on—not upon the narrow, contracted and con¬ 
temptible theories of tariff restrictionisis 

Gold Dollars. 

This beautiful and convenient little coin is gradually 
finding its way into circulation. The mint has coined 
about half a million of them, and already as a mail re¬ 
mittance, they are in universal favor. A subscriber 
can in no way more certainly ingratiate himself with 
a newspaper publisher than by sending him a gold dol¬ 
lar for his subscription. We would not hesitate to en¬ 
dorse the character of such a man as honest and up¬ 
right, and if we were a bank director, if it could be 
shown that he had mailed coin to his printer, we should, 
on loaning him the last dollar the institution had to 
lend, feel assure that it would be paid when promised, 
as if backed by the best endorsement of the country. 
On the contrary, the man who would search through 
his pocket-book for a ragged and depreciated bank bill 
to send in payment for his newspaper, we would not 
trust out of our sight. Publishers learn much by a 
little observation in this way. We have been connec¬ 
ted with newspaper printing for the last twenty years, 
and in all that time have not once known a frank, hon¬ 
est, open-hearted man descend to the meanness of hunt¬ 
ing a depreciated bill for the printer. It is only a nar¬ 
row-minded, mean fellow, who entertains so contempt- 
ille an opinion of intelligence as to consider anything 
good enough for the newspaper. All men are desirous 
of obtaining the good opinion of their fellows, and in’ 
nine cases out of ten, it will be found that those who 
do not, forfeit it for a sum quite too pitiful to merit 
consideration. One dollar, perhaps half the sum, judi¬ 
ciously expended in the course of the year, would 
make a very mean man a clever feliow, as universally 
respected as they are now heartily despised. Think of 
this whenever you are tempted to pay a bill of twelve 
and a half cents by looking through your pocket for 
ten and two, or when you think that the printer will 
sooner submit to the loss of one or two percent., than 
take the trouble of sending a depreciated bill back, or 
of charging vou with the discount. It is small things 
that mark the character of the man, and for a golden 
reputation with the printer, send him gold dollars. 

[Philadelphia Dollar Paper. 













THE NEW CONSTITUTION. 



From tiio Zanesville Daily Star. 

The Discovery of America by the Northmen. 

The “Ohio Statesman” has lately contained some 
very interesting articles [from the Democratic Review] 
on the discovery of America by the North Men, long 
before its discovery by Columbus. We have a word 
to say on the subject that may help to elucidate the 
matter. 

Some 30 Summers ago we took a trip from Boston 
to Newfoundland, and during our sojourn in that land 
of Rocks, Wild Ducks and Cod Fish, there was cap¬ 
tured by a man named Peyton, a young Indian Woman 
of the aboriginals of New Foundland. They were dif¬ 
ferent in habits, manners and customs, from any known 
tribes in Continental America. 

Being desirous of ascertaining the language, we and 
others proceeded to collect a vocabulary of her Dialect, 
and having obtained the numerals correctly after seve¬ 
ral trials, then obtained a number of nouns—names of 
common objects—we next compared them with the 
numerals of their language, and found they belonged 
to the Scandinavian tongue; the chief difference being 
our different method of spelling from the pronuncia¬ 
tion of the woman. The nouns were found to com¬ 
pare tolerably well, and the whole being read to some 
Danish, Norwegian, and Sweedish seamen was claimed 
by each as a bad specimen of his native tongue, proving 
indisputably the origin of this singular tribe. We re¬ 
gret to add that the race is numbered amongst the ex¬ 
tinct of the earth; having robbed the fishing nets of 
the French on the western shore of the island, the 
Frenchmen hired a band of Labrador Indians who 
crossed the straights of Belle Isle, and surprising the 
tribe destroyed the whole except one old woman, who 
was subscqueniUh captured by the same Mr Peyton 
who first took u, young woman of whom we before 
sjjoke. 

In Pinkerton’s voyages and travels, a work in 20 
Vols. Quarto, there is an account of an individual who 
sailed from the Orkney Islands (about the reign of 
Canute) then belonging to Denmark, on a discovery 
out West, who returned in a few months with an ac¬ 
count of a rocky country he had diseovered, abound¬ 
ing in fish, (Newfoundland exactly.) The next year 
he sailed with two Vessels, and never more was heard 
of. May it not be supposed that this tribe now lost for¬ 
ever was the remnant of the adventurous Danes, who 
with no guide but the Sun by day and the Stars by 
night, boldly launched on the wide Atlantic in search 
of the land of promise. 

The younger woman first taken was sent back on 
her road lo her tribe, under the conduct of Capt. Bu¬ 
chan, of North Pole memory, but died before reaching 
her destination. 

We will resume this subject at a future occasion, 
and give all the information we can to aid this investi¬ 
gation; in the mean time we refer the Editor of the 
Statesman to Mr. Joseph Northover of the State House 
Saloon, who has passed some time in that particular 
district of Newfoundland, was intimate with Mr. Pey¬ 
ton, and is possessed of much and varied information on 
that and other subjects. We add our hopes that both 
he and his partner are getting ail the encouragement 
we are sure they well deserve. 

Wheeling Wire Bridge. 

We are glad to learn from the Wheeling Argus, that 
the last wire cable has been stretched across the Ohio 
river at Wheeling for the use of the bridge. The 
heaviest part of the job is now done, and it is believed 
in about six weeks a regular uninterrupted passage 
will be allowed for wagons across the river at this 
point, by means of that great national work, so anx¬ 
iously looked for, the Wheeling and Belmont bridge. 


The cause of the scarcity of the gold dollar, is thus 
accounted for in the Philadelphia Ledger, a neutral 
sheet: 

“The Germantown Telegraph, speaking of the gold 
dollars, says it always said “they would not get iuto 
general circulation—that they would not take the place 
of good small notes.” We have never seen it preten¬ 
ded, by even the warmest advocate of gold dollars or of • 
any other denomination of coin, that they would take 
the place of any inferior currency. No man who un¬ 
derstands anything of the nature and operations of cur¬ 
rency never could have so pretended. The Ledger, 
probably, has urged more steadily for the greater infu¬ 
sion of coin into circulation than any othf r paper, but 
it has always declared that a depreciated paper curren¬ 
cy was the greatest obstacle that coin bad to contend 
with. It is a well established truth that a sound and a 
depreciated currency—one at par and the other below 
par—never did and never can circulate together in the 
same community. No man will give a dollar, when 
98 cents will answer the same end. The cheaper cur¬ 
rency will always drive the dearer to the wall. It is 
obedience to a natural law of trade that it should be so. 
Every body buys as cheaply and sells as dearly as pos¬ 
sible. While bank bills may lie bought at almostevery 
corner with gold dollars or gold eagles, at a discount of 
from 1 to 2 per cent., the wings of the coin are most 
effectually clipped. Indeed, if our local banks issued 
one dollar notes, we should see much less coin in cir¬ 
culation than there is, precisely as the amount would 
be increased, if the dirty and depreciated small bills of 
foreign and interior banks were made illegal, and so 
prohibited. It is not that people like depreciated pa¬ 
per better than gold, that it is so steadily in motion, 
while gold is seldom seen, but for the very opposite rea¬ 
son—they like the gold more, and so never part with 
it while a ragged note can be found in their pouch.— 

If the Mint can ever find time to coin as many gold 
dollars as are demanded, they may eventually find their 
way into Illinois, Mississippi, Arkansas, and such other 
States as have no baeks and no small note circulation, 
and'becorne there a medium for the exchange of com¬ 
modities; and even here, in our own State, if a legis¬ 
lature should ever be elected with independence and 
nerve enough to prohibit the circulation of all bills 
under the denomination of ten, or even five dollars, 
gold dollars and quarter and half eagles would much 
more frequently greet the eye than now; but while tie 
Mint is unable to meet the demand upon it, and while 
so many concentrated interests exist to oppose gold by 
encouraging paper, there is little hope of any very gen¬ 
eral infusion of coin in the business circles of this 
State, or of any other that protects depreciated paper 
issues by warrant of law. Still, the Ledger is the de¬ 
termined advocate of coin, because, should the public 
become wise to its own interests some of these days, 
and let those who have so long lived from the profits of 
their depreciated paper money factories, earn their liv¬ 
ing in some more productive way, the coin will be rea- 

| dy to fill any vacuum the withdrawal of the paper would 
create; and we would not like the want of any suitable 
medium to be a cause for deferring so wholesome a 
conclusion.” 

Trouble Afloat. 

I In Boston last Monday week Mr. Cushing, one of 
the Custom House Inspectors, in attempting to Board 
a British schooner, was prevented by her skipper, who 
swore he would shoot him if he persisted. The Inspec¬ 
tor reported to the Collector, the Collector spoko a 
word or two to Captain Sturgis, and with the utmost 
dispatch the gallant Captain placed the bellicose British 
under the command of the cutter Hamilton’s guns, 
there to await further orders. No one was hurt. 













THE NEW CONSTITUTION. 


Provision Btrsmess of the West. 

The Price Current of this city publishes a tabular 
statement of the number ami value of Hogs and Beef 
Cattle in fifty-nine counties in Ohio, as returned for 
taxation by the Township Assessors, and equalized by 
the county boards, for the years 1848 and 1849, 

In these fifty nine counties the total number of Hogs 
was 1,336,367 in 1848, and is 1 410,377 in 1849. In 
the same, the number of Beef Cattle was 637,284 in 1848 
and is 688,248 m 1849. These facts indicate very 
strongly, at least so far as Ohio is concerned, that there 
is no scarcity of either Hogs or Cattle in the West, and 
from other states our information is of a similar tenor. 

The Springfield, Illinois Journal, generally well in¬ 
formed as to the Provision business, in that region, has 
the following paragraph in its issue of the 3d inst: 

Pork. —As yet we have heard no offers for Pork, al¬ 
though the Season has arrived which usually finds pur¬ 
chasers in market. We are apprehensive that the pres¬ 
ent low price of mess and prime in the New York 
market has the effect of intimidating operators in this 
business. Last fall at the opening of the market in 
the west, mess pork was held in that city at $14, and 
prime at $12, and contracts were made here at $2,50 
per 100 nett. At the present time mess is selling at 
$10,25, and prime at$8,50 in the New York market. 
There must be a great improvement in the article, be¬ 
fore our farmers can expect the price given last fall. 

The Cleveland Herald of the 6th inst. states that the 
number of beef cattle to be packed in that city this fall 
and winter will probably reach 12,000 head, making 
twenty thousand tierces of beef, of three hundred and 
four pounds each. Nearly, if not quite the whole 
quantity is to be packed for the English market. 

[ Cin . Gaz. 


Railways in India—Dearth in Cotton. 

The gloomy accounts relating to the cotton crop 
of 1849, which have been received during the last 
fortnight, naturally cause many of our Lancashire 
readers to turn with renewed interest to the subject 
of cotton cultivation in India; and once move we 
hear, as on many former occasions, innumerable 
expressions of regret at the apathy which the peo¬ 
ple of England have displayed with regard to all 
the various modes proposed, from time to time, for 
making us less dependent on America for the raw 
material of our staple manufacture. Little more 
than half a century ago, we imported aboutas much 
cotton from our own colonies in the West Indies 
as we did from the United States. During the first 
half of 1848 and 1849 our imports from these coun¬ 
tries respectively have been as follows: 

1848. 1849. 

United States, hales - 875,367 1,170,132 

West Indies, bales - 2,386 2,199 

Less than thirty years ago our imports of West 
India cotton were eaqual to one-tenth of what we 
received from America, but since that period they 
have very rapidly decreased. Year after year have 
the receipts from our own colonies dwindled away, 
while the quantity imported from the United States 
has been increasing at such a rate as to render us 
almost entirely dependent upon them for supplying 
Lancashire with the chief material required for its 
industry. Comparing the progress of the woolen 
trade, during the last thirty years, with that of the 
cotton manufacture, as regards their dependence 
upon the importation of the raw material empioy- 


383 


ed in both, one cannot help remarking the singular 
change which has been going on in each of these 
two great branches of industry. 

In 1822, our woollen manufacturers depended 
chiefly upon Germany and Spain for the large quan¬ 
tities of foreign wool they required in the manu¬ 
facture of cloth. At that time the whole of our 
imports from our own colonies did not amount 
probably to more than 200,000 lbs. a year. In 1848. 
out of 62.103,000 lbs. of foreign wool consumed 
in Great Britan, nearly 40,000,000 lbs. have been 
imported from the following British colonies : 


lbs. 

New South Wales - 22,091,481 

East India - 5,997,435 

Van Diemen’s Land - - - 4,955.968 

Cape of Good Hope, &c. - - 3,497,250 

South Australia ... 2,762,672 

West Australia - 129.295 

New Zealand - 95,151 


Total 39.529,252 


In 1820, out of 151,572,000 lbs. of cotton wool 
imported into G^reat Britain, 89.999,000 lbs. were 
from the United States. Last year, out of about 
740,000.000 lbs. imported not less than 640,000,- 
000 lbs., nearly seven-eighths of the whole quantity 
consumed, must have been from the United States. 
Had the increased production of cotton wool in our 
own colonies' since 1820 been going on at the same 
rate as that of sheep’s wool has been, we should now 
have been importing 800,000 b from America, 
in addition to 1,200,000 bales Lui the East Indies, 
Australia, Port Natal, and other colonies favorable 
to its cultivation. 

But it is useless to repine over what might have 
been. The only task that is left for us now is 
to improve the opportunities which still lie before 
us. In looking over the table of imports of cotton 
from 1820 to 1848, we find that in 1841 we impor¬ 
ted no less than 100,104,510 lbs, from East India, 
which is considerablj more than the whole of our 
average annual import from the United States in 
the five years ending in 1824. But in 1548 our 
receipts of American cotton were nearly double 
what they had been in 1841, while those from East 
India had sunk to less than one-half of what they 
were seven years ago, and yet how easily it might 
have been otherwise. Had' the East India Company 
merely spent one-fiftieth part of its enormous reve¬ 
nue during those seven years in the constructions 
of railways and other works for facilitating the 
transit of goods, we might at this moment be recei¬ 
ving from Bombay one-third of all the cotton we 
consumed; in which case, not to speak of the great¬ 
ly improved demand which would thereby have 
been created for the twist and calicoes of Lan¬ 
cashire, we should have felt comparatively easy as to 
the propable estimate of the American cotton crop 
of 1849. Now that the railway system is about to 
be introduced into our Indian empire, it remains to 
be seen whether the court of directors will so bestir 
themselves in promoting ils rapid deveiopement as 
to give them something more of a claim upon the 
legislature for the renewal ot their expiring charter, 
than they could venture to urge at present. 

[Manchester Examiner. 









384 


THE NEW CONSTITUTION. 


Vote on the Constitution. 

Below we have collected from the office of the Sec¬ 
retary of State, the vote for and against a convention 
to remodel the Constitution, as well as the entire vote 
given for Representatives, in fourty-four counties. The 
latter vote, is not strictly correct, as in several coun¬ 
ties, where there were two Representatives to elect, 
the entire number of ballots cast was not given, and we 
had to take the highest vote given for the candidate for 
each party, with all the scattering votes, so as to get at 
the whole number cast. 

The entire vote for the Convention, in the counties 
named is, 73,801—against it, 23,545,—the number of 
votes cast for Representatives 124,575. The majority 
for the Convention, is 23,033. 



For 

Against 

Whole No. o) 

Convention. 

Convention. 

votes for Rep, 

Adams, 

1024 

841 

2331 

Ashland, 

1594 

000 

2136 

Athens, 

1130 

560 

2597 

Allen, 

767 

141 

1064 

Auglaize, 

515 

309 

592 

Belmont, 

2914 

1551 

4946 

Crawford, 

1009 

141 

1193 

Champaign, 

9G6 

1318 

3613 

Clark, 

990 

1129 

2331 

Carroll, 

1439 

331 

3064 

Clermont, 

2124 

523 

3853 

Fairfield, 

2533 

846 

4363 

Fayette, 

481 

1182 

1S67 

Franklin, 

3187 

1963 

5770 

Geauga, 

2254 

201 

2551 

Gallia, 

188 

679 

2027 

Harrison, 

1343 

1373 

2314 

Hardin 

248 

65 

1150 

Hocking 

733 

000 

2044 

Hancock, 

791 

340 

1350 

Jefferson, 

1984 

1777 

3984 

Jackson, 

617 

893 

1672 

Pike, 

484 

367 

1554 

Licking, 

3656 

1474 

5600 

Logan, 

884 

425 

2524 

Lorain, 

3564 

2 

3659 

Madison, 

381 

898 

1371 

Miami, 

2662 

467 

3546 

Monroe, 

2033 

443 

3005 

Muskingum, 

1935 

2204 

5064 

Morgan, 

3895 

342 

4674 

Mahoning, 

2138 

59 

2211 

Portage, 

2724 

74 

3593 

Perry, 

1512 

446 

1868 

Pickaway, 

1559 

1567 

2550 

Preble, 

1133 

510 

1723 

Ross, 

1069 

3028 

4540 

Seneca, 

1945 

90 

2130 

Starke, 

2771 

1100 

4314 

Summit, 

3850 

160 

4119 

Union, 

627 

473 

1628 

Wyandotte, 

916 

190 

1551 

Washington, 

1567 

793 

3410 

Wayne, 

3668 

111 

3739 

73,804, 

31,226, 

124,575 

The 

; “Dollar 

Statesman, 

V 


This is a separate and distinct paper from our two 
Dollar Weekly, and is not to supercede it, as some sup¬ 
pose. It is of smaller dimensions, free from advertise¬ 
ments and principally made up of matter distinct from 
the two Dollar Weekly, which we shall continue as 
heretofore. 


PROSPECTUS 

OF 

THE NEW CONSTITUTION. 

We shall issue, during the summer, a Pamphlet, 
weekly, 16 pages, in form for binding, under the title 
of The New Constitution, commencing about the 
1st of May ne\'t, and to continue six months, making 
a work of 400 pages, with a title page and indsx 
at the close, for reference, for ONE DODLAR a sin¬ 
gle copy. 

For jive dollars seven copies, and for ten dollars fif¬ 
teen copies. Thus ten dollars will purchase 6,0^)0 
pages of close reading matter. 

The work will favorwhatits namepurports, a NEW 
CONSTITUTION, yet it will admit able and well 
written articles on all sides of every question, that 
those who read it may see what is said by all parties. 
It is by this means alone that the people can arrive at 
a sound and just conclusion. We therefore invite all 
writers who desire to treat the subject fairly, as corres¬ 
pondents of THE NEW CONSTITUTION. 

The design of our work is ; 1st, to enforce the neces¬ 
sity of a frequent recurrence to first principles—2d, to 
show the importance of the fundamental law corres¬ 
ponding with the growth of our state and the “pro¬ 
gress” of liberal sentiments—3d, the security of natural 
rights by a charter made and adopted by the people 
themselves—the experience of the past in developing 
and directing the necessities of the future. 

A total reform in our Judiciary system and the prac¬ 
tice of our Courts. 

The election of ALL OFFICERS BY THE PEO¬ 
PLE ! 

No increase of the state debt, except by a vote of 
the people themselves. 

A system of common schools and of education, 
worthy the age and the state. 

No legislation, but what the people can reform or 
annul, when found injurious. 

These are a few of the principles, hastily thrown to¬ 
gether, which shall receive the attention of “The New 
Constitution.” 

Long have we looked forward to the time when we 
could perform our duty m a contest of the kind now 
before us, and we enter the lists full of courage and 
full of hope. 

There is a progressing, reforming, radical spirit 
spreading over the civilized world, and let Ohio not be 
the last to partake of the regenerating spirit. 

ILF All Post Masters are authorized to receive sub¬ 
scriptions, and act as agents generally. Money always 
in advance. 

(LPFriends of The New Constitution everywhere 
are also requested to act as Agents and Correspondents. 

EFSubscriptions should be early forwarded, that we 
may have some data by which we can calculate the pro¬ 
per number of the work to begin with. 

S. MEDARY. 

Columbus, O., March 1849. 

CFBack No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 


THE NEW CONSTITUTION. 

BY S. MEDARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ *• “ 10 00 

1CFAll Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
In advance. 

















THE NEW CONSTITUTION. 


“power is always stealing from the many to the few.” 


Vol. I. Columbus, Ohio, Saturday, October 20, 1849. No. 25. 


O’The next No. of “ The New Constitution” will 
complete the six months, or 26 numbers, promised in 
our Prospectus, and will be the last of the series. Its 
publication may be deferred for a couple of weeks, in 
order to enable us to prepare a copious index of the con¬ 
tents of the whole work, and to publish the official ta¬ 
ble of the votes for and against the Convention to form 
a new Constitution. Full sets of the work can yet be 
had, if application be made soon, at the subscription 
price. 

A New Coiistitiilittu for Ohio. 

The people of the state have spoken,and by a large 
majority they have decided in favor of a new Constitu¬ 
tion for Ohio. Of this there cannot now be a doubts— 
Cordially do we congratulate our readers, and the people 
of all parties, on this result. Believing it for the in¬ 
terest of the state and the well doing of the people, 
we did our utmost to secure the result, and to the best 
of our ability fought the good fight in its favor. The 
Constitution is to be remodeled—a new law is to be 
given to the state, by her own people, and we doubt 
not it will be worlhy her high station in the family of 
the Republic and of the glorious people who make up 
her population. 

The election is now over—the question i3 decided, 
and hence what we have now to say, cannot be deemed 
as put forth to catch votes. At the election, many 
voted against the Convention, because they feared that 
a new Constitution would be formed and forced on the 
people without being submitted to their votes for ac¬ 
ceptance or rejection. This we denied at the time, 
and what we then said, we now repeat. The present 
Constitution went into operation, without being sub¬ 
mitted to the people, but that was under peculiar cir¬ 
cumstances, which do not now exist. In this progres- 
ive age, such a thing would not be tolerated, and he 
who would advocate such a course now, would dig his 
political grave so deep, that a resurrection would be 
impossible. 

The time for a change is peculiarly a favorable one. 
The Convention will have all the new Constitutions 
lately formed, or amended before them, with the pro¬ 
ceedings and debates of the different Conventions, as 
a guide. Kentucky is now engaged in the task of re¬ 
vising her Constitution, and the next summer will see 
the Delegates of Indiana, and we doubt, not of Michi¬ 
gan, engaged in a similar object. To the Ohio Con¬ 
vention, their proceedings will be a matter of interest, 


and will aid the members much in the great work, 
which they will meet to perfect, and we hazard but lit¬ 
tle in saying that with the lights before them, the Con¬ 
vention which will meet to remodel the State Consti¬ 
tution of this state, if they but adopt the principles 
generally acquiesced in during the late canvass, will 
present to the people for their ratification, the best con¬ 
stitution of any state in the Union. Should the dele¬ 
gates however, prove recreant to the people and refuse 
to carry out their will, the new Constitution will be re¬ 
jected and a new Convention called. Of such a state of 
things, however, we have no fears. The principles to 
be engrafted into the new fundamental law, are well 
settled and the Delegateselected, will be pledged to car¬ 
ry them out, and they will not prove derilect in duty. 

Upon the Legislature which meets on the 3d day of 
December next, will devolve the duty of passing the 
law, for the election of Delegates “to consist of as 
many members as there be in the General Assembly ; 
to be chosen in the same manner, at the same plaee, 
and by the same electors that choose the General As¬ 
sembly, who shall meet within three months after said 
election, for the purpose of revising, amending, or 
changing the Constitution.” When framed the Con¬ 
stitution will be submitted to the people, and either 
ratified or rejected, at the next genera! election there¬ 
after. 

The people having, in a constitutional manner, de¬ 
cided on a change, the first, great step has been taken, 
and we congratulate our readers on the result, and wo 
hail it as the harbinger of a brighter day for our fair 
state. With a Constitution suited to her wants,, and 
to the intelligence of her people, the destiny of, Ohio, 
is onward. —upward. 

The Administration of Law in California is, like 
all Judge Lynch’s operations, severe, but necessity 
seems to require it. A man convicted of stealing 
$8000 at Sacramento city, was sentenced to have his 
head shaved, both ears cut off close to his head, to re¬ 
ceive 100 lashes on the bare back, and to leave the 
place within 16 hours, and California (never to return) 
within 16 days, with the addition that he be hanged by 
the neck until he is dead, in case he fails to comply 
with either of the last two clauses, within the time 
specified, or in the event of his return. 

Vermont. —The Constitution of this State is about 
to be revised, with a view of basing'the representation 
upon the number of its population, instead of upon 
towns as at present. 


















THE NEW CONSTITUTION. 


tion of Kentucky, to revise the Constitution of tlmt 
state met at Frankfort, and organized by the appoint¬ 
ment of Col. Geo. W. Johnson, as President pro. tern, 
and Mr. Kelley, also a member of the Convention, as 
temporary Clerk. 

A committee of three members was then appointed 
to wait upon the Secretary of State, to procure a hst 
of the members elect to tbs Convention, from tho re¬ 
turns deposited in his office. After the report ol the 
committee thus appointed, tho roll was called, and a 
quorum being found in attendance, the Convention 
proceeded, viva voce, to choose a President, which re¬ 
sulted in the choice of James A. Guthrie, a Delegate 
from the city of Louisville, by the following vote 
For James A. Guthrie 
“ Mr. Nixon 
44 Wm. Jackson 
“ Albert G. Talbott 
Tlios. J.IIe'm,was then elected Clerk 
Tilford, assistant Clerk ; Calvin Sanders, Sergent-at- 
Arms, and J. M. Helms, Door Keeper. Stenogru 


3^0 __ 

---- 7 . 1 Mr Kelly offered the following, and moved that 

The Constitutional Convention of Kent^ck.. 1 oned ah(l; . print ^ 

On the 1st of October, the Constitutional Conven- L Resolved, That the Legislature shall sit every four 

years, and shall be confined in their section to sixty 

days: that the qualifications of electors and members 
be as at present. 

2. That the officers of this Commonwealth be made 
elective; and that those who lmvo the collection or 
disbursement of money, be elected for two years; and 
those who have not, for four years. 

3. That the Circuit Judges bo reduced to twelve in 
number. 

4. That the members of the County Courts be redu¬ 
ced in number in each county, and that the Justices 
thereof be districted, and elected by their districts. 

5. That the Legislature shali not borrow money on 

the faith of the Slate without a direct vote of the peo¬ 
ple ... 

6. That officers guilty of misfeasance or malfeasance, 
shall be removed on indictment, and tried by a petit ju- 

; ry, and a verdict of guilty. 

7. That tho Common School Fund shall be made in- 
! violate. 

8. That the House of Representatives consist of fifty, 

and the S ’liate of twenty-five members. *■> 

j 9. That taxation for county purposes shall be on the 
ad valorem principle. 

I 10. That elections be he'd in March or April, and 
Arms, auu 1 contimle onp day. 

pliers were then appointed to report tlie proceedings 01 ^ That officers, after their election, shall be rrquir- 

tiie Convention. j ed to make oath to support the Constitution of the 

Below we have extracted from the Kentucky papers, United States, and of Kentucky, and to faithfully dis- 

„ , ,. chenre their official duty; and, also, that they, in the 

the most interesting portion of the proceedings, era- ]y J e n0l din , c tly or indirectly, by 

bracing the different plans submitted for tne amend- l-thomselves or others, with money, property, or any 
meyt of the Constitution : | other commodity, attempted to corrupt or influence 

Thursday, Oct. 4, 1849. any electors in their districts. 

Mr. Davis submitted the following resolution * jo That persons convicted of any offence, criminal 
which be asked to have referred to tbs Committee of ! or nenal/shall have the right of appeal to the Superior 
the Whole and printed; j Courts. .. *'■ . 

Resolved, Tiiat foreigners of the following descrip j ];>. That the power to divorce shall reside alone in 
lion and classes, only, shall be entitled to vote for an)' j *’ jie Courts of Justice. ' 

civil officer, or shall be eligible to any civil office, or 14. That the Constitution formed by this Conven- 
place of trustor profit under the Commonwealth of ! tion, be voted on directly by the people, and: il ;• irw- 
Keiitucky: 1. Those who, at the time of the adaption jority vote again. 4 t tiie same, that the. pro. eni Constitu- 
of this amended Constitution, shall be 'naturalized j u u n Le in force. 

citizen's of the United Sta’es. 2. Those wiio, aV the ;5. That all voting sin 11 bS'tir.a vr.ee and no property 
time of the adoption of the amended Constitution, s\all • qa-flitf cation ot religions test prescribed, 
have declared their purpose to become citizens ,pf the ! ij>. That a constitutional limitation he prescribed to 
United States, in conformity to the laws thereof, and: su jts of 
wlio shall have become citizens. 3. '1 hose who, twen¬ 
ty-one years previously thereto, shall have ceclared 


50 
43 
1 
1 

Thomas D. 


and. 


their purpose, according to the existing laws ot the Uni 
ted States, to become citizens thereol; and v .110 then 
shall be citizens of the United Stales. 4. Minors,who 
shall have migrated with their parents, or parent, to 
the United Slates, twenty-one years alter their names, 
ages, and a particular description of their persons, shall 
have been entered on the records of some court of re¬ 
cord of the State of Kentucky, or some other of the 
United States: such foreigners, having also, in.every 
ease, the like qualifications of residence, and on all 
other points, that are required of native-born citizens; 
and a properly authenticated copy of the record being 
in a!! cases required for the verification of tho facts 

The question was taken, and as the result appeared 
to be doubtful, 

Mr. Davis called for the yeas and nays. 

Several gentlemen expressed an opinion that cour¬ 
tesy required that the proposition should be printed for 
the convenience of members in its consideration, al¬ 
though some of them were not favorable, to the prin¬ 
ciples which it involved.—After a brief conversation 
the motion was agreed to without a division. 


17. That no slave shall be Emancipated by deed, or 
Vxtwilf, without removal from the Union. 


IS. That every citizen of this Commonwealth may 
bring from other States, and introduce s’.uvesat tiis own 
will. 

19. That the Constitution made by this body, be 
amended as required in the present Constitution. 

Mr. Root offered the following as an amendment: 

Resolved, That a com mil tee be appointed, consisting 
of five, whose duty it. shall be to report to this Conven¬ 
tion the best. mode of securing the present Common 
School Fund, as well as its views in reference to en¬ 
larging the same. 

. Mr. Kelly accepted the amendment, and they 
wore postponed and ordered lobe printed. 

Friday, Octob r 5, 1P49. 

Mr. Dixon offered the following, which on his mo¬ 
tion was postponed and ordered to be printed: 

Resolved, That the judicial officers of the State of 
Kentucky should be.elected bv the people; out, to avoid 
the exercise of any improper influence over the Judges 
ift the discharge of their official duties, by those who 
may have taken part in their elections,it is expedient to 
incorporate into the Constitution a provision, requiring 












rHE NEW CONSTITUTION 



the Judges, living- in two adjoining districts, to preside 
alternately in each of the Courts of such districts. 

Mr. Root submitted the following proposition, 
which on his motion was postponed, referred to the 
committee of the wholv, and ordered to be printed: 

1. Resolved, That any inhabitant of this State, who 
shall horeaftpr be engaged in a duel, either as principal 
or accessary, shall forever be disqualified as an elector, 
and from holding any office under the Constitution and 
laws of this State; and may be punished in such other 
manner as hall be prescribed by law. 

2. Resolved, That the General Assembly shall not, 
in any manner, create any debt or debts, liability or 
liabilities, which shol! singly or in the aggregate, with 
anv previous debts or liabilities, exceed the sum of 
dollars, except in case of war, to repel invasion, or sup¬ 
press insurrection, unless the same shall be authorized 
by some law for some single object or work, to be dis¬ 
tinctly specified therein; which law shall provide ways 
and means, exclusive of loans, for the payment of the 
interest of such debt or liability as if. falls due; and also 
to pay and discharge the principal of such debt or lia¬ 
bility within years from the time of the contracting 
thereof; and shall be irrepeaiable until the principal and 
interest thereon shall be paid and discharged; but no 
such law shall take effect until, at a general election, it 
shall have beer, submitted to the people, and have re¬ 
ceived a majority of all the votes cast for and against it 
at such election; and all money raised by authority of 
such law shall be applied only to the specific object 
therein stated, or to the payment of the debt thereby 
created; and such law fehall be published in at least, one 
newspaper in each judicial district., if one is published 
therein, throughout the State for months preceding 
the election at which it is submitted to the people. 

Mr. C. A. WicKLfFFE submitted the following, 
which was ordered to be printed: 

Resolved, That it is the deliberate and fixed opinion 
of this Convention, that no provision or amendment, 
which shall have tlie effect to restrict the light of free 
and equal suffrage, as it. now exists, or to change the 
conditions by which it may he now acquired, according 
to the Constitution of Kentucky, ought to be inserted 
in any Constitution which msy be proclaimed by this 
Convention. 

Mr. Djxox offered the following as a substitute for 
the proposition of Mr. Davis, in relation to naturaliza¬ 
tion: 

Whereas, The people of the United States, in the 
1st article, and 8tli section of the Federal Constitution, 
have given to Congress the exclusive powei to estab¬ 
lish a uniform rule of naturalization; and udiereas, it 
was contemplated by the framers of the Constitution 
ol’ the United States, that the citizen naturalized should, 
in all respects, touching the right of suffrage, be placed 
on an equal footing with the native born citizen. There¬ 
fore, 

Resolved, That it would be inexpedient to incorpor¬ 
ate into the Constitution of Kentucky, any principle 
whereby anv invidious distinction should be made in 
favor of the native born over the naturalized citizen, in 
the exercise of the right of suffrage. 

Mr. Davis. I will merely say to the gentleman in 
regard to these propositions, that when the time comes 
for their consideration, let them be taken up in their 
order, and then 

“Lay on Macduff.” 

Mr. Dixon. I will only say to the gentleman, that 
when the time comes Macduff will be in his place. 

Mr. C. A. Wickliffe. I have only to say that 
wherever Macduff or Macbeth maybe, a Kentucky citi¬ 
zen will be in his place- 


Mr. Oholson offered the following resolutions, 
which were postponed and ordered to be printed, viz: 

Resolved, That special pleading, in all Courts of Jus¬ 
tice in this Commonwealth, should be abolished; thata 
speedy and impartial trial by a jury of the vicinage, 
upon the merits of his case, should be secured to every 
citizen. 

Resolved, That, to this end, Chancery Courts should 
be atclishod. 

Resolved, That a constitutional provision, w hich shall 
(within a reasonable time) quiet the titles of the occu¬ 
pants of lands, as to the adve:s ■ claims of all persons 
not laboring under some legal disability, is indispensa¬ 
bly necessary to the well-being and prosperity of the 
good citizens of this Commonwealth. 

Resolved. That the jurisdiction of Justices of the 
Peace should be increased to dollars. 

Resolved, That it is expedient to lay off the State of 
Kentucky into four districts, in each of which the 
Appellate Court shall hold two terms annually. 

Resolv.', That the concurrence of a majority of the 
Appellate Judges shoul i be necessary to a reversal of 
the opinion of an inferior tribunal. 

Saturday, October 6., 1649. 

Mr Davis offered the following, which on his mo¬ 
tion, was refered to the committee of the whole and 
ordered to he printed: 

1. Resolved. Th; t the Circuit Court system of the 
State of Kentucky, be so constituted there there shall 
not be less than circuits, each circuit to have a 
single Judge, wdiose term of office shall be years, and 
who shall lie appointed to office in the following man¬ 
ner: Whenever there shall be a vacancy in any circuit, 
the members of the House of Representatives living 
within such circuit, shall, at the ensuing session of the 
Legislature, form an electoral college, and shall choose 
two fit, persons for the office of Jmlge therein, and re¬ 
port their names forthwith to (!.;■> Senate one of whom 
it shall nominate to the. Governor, arm he snail he com¬ 
missioned the. Jingo if such circuit. 

2- Resolved , ] hat the Court of Appeals consist of 
Judge-, who shall hold their offices lor and curing the 
term of years, and (hat they be appointed in the 
following n.aimer: The Governor shall select from 
among tlm Circuit Judges, m such persons as shall have 
filled ihc, office of Circuit Judge under ibis amended 
Constitution, tho fillesi person to fill such vacancies ill 
said Court, who upon being nominated bv him to tho 
Senate, and being approved of by it, shall be commis¬ 
sioned accordingly. 

3. Resolved, that the Governor have power to fill 
such vacancies in the offices of Circuit and Appellate 
Judges as may occur in the period between the sessions 
of the Legislature; such appointments to continue un¬ 
til the office shall be filled .by regular appointment un¬ 
der the provisions of this Constitution. 

4. Resolved, That the Judges of the Court of Ap¬ 
peals and the Circuit Courts shall receive from the pub¬ 
lic treasury a fixed annual salary, which shall not be 
diminished during their continuance in office; and that 
the Legislature shall not have tiie power to puss any 
law whatever to remove them from office, or the ob¬ 
ject and tendency of which is to constrain them to re¬ 
sign. 

Mr. McHenry submitted the following, which on 
his motion, was referred to the committee of the whole, 
and ordered to be printed: 

1. Resolved, That the present mode of calling a 
1 Convention to revise the Constitution ought to be re- 
! tained in the Constitution about to be framed. 

2. Resolved , That some mode of making specific 
amendments, without cal ling a Convention, should be 
adopted, to apply only to those articles and sections of 







THE NEW CONSTITUTION. 


ass 


the Constitution, about to be framed, which shall be 
materially different from, and make radical changes in, 
the present Constitution. 

3. Resolved, That the provisions of the present Con¬ 
stitution, upon the subject of slavery, be retained, and 
inserted, without alteration, in the Constitution about 
to be framed. 

Mr. Bristow offered the following as an amend¬ 
ment, which took the same direction: 

1. Resoved, That the specific mode of amending 
the Constitution, by submitting to the voters of the 
Slate one clause at a time, is the correct and best mode, 
and the same can and should be adopted, with such re¬ 
strictions as to secure the rights of property, and pre¬ 
vent the future agitation of the question of slavery. 

2. Resolved, That, in addition to the specific mode . 
of amendment, constitutional provision should be made 
for taking the vote every twenty years, as to the pro¬ 
priety of calling a Convention. 

3. Resolved, That the increase of free persons of 
color in the State of Kentucky should be prevented in 
future, and, for that purpose, power should be given 
to the Legislature, to appropriate the necessary means 
to transport to the colony of Liberia, all such as may 
consent to go, and ail that may be emancipated for that 
purpose. 

Mr. Hargis off-red the following: 

Resolved , That the. following preamble, and first and 
second articles (in substance, as the same is herewith 
presented) be adopted by this Convention as the first 
and second articles of the Constitution oi the State of 
Kentucky. 

THE CONSTITU TION OR FORM OF GOVERNMENT FOR THE 
STATE OF KENTUCKY. 

Preamble. 

We, the Representatives of the people of the State of 
Kentucky, in Convention assembled, grateful to the su¬ 
preme Being for the blessings hitherto enjoyed, and feel¬ 
ing our dependence on him for acontinuation of those 
blessings in order to secure to all the citizens thereof the 
enjoyment of life, liberty, and property, and of pursu¬ 
ing happiness, do make, ordain, and establish this Con¬ 
stitution for its future government. 

THE POWERS OF THE GOVERNMENT. 

Article I. 

1. The powers of the government of the State of 
Kentucky shall be divided into threo distinct depart¬ 
ments, and each of them be confided to a separate body 
of magistracy, to wit: Those which are Legislative to 
one, those which are executive to another, and those 
which are judiciary to another. 

2. No person or collection of persons, being one of 
those departments, shall exercise any power properly 
belonging to either of the others, except in cases here- 
inafterwards directed or permitted. 

THE LEGISLATIVE DEPARTMENT. 

Article 2. 

1. The Legislative power of this Commonwealth \ 
shall be vested in two distinct branches, the one to be 
styled the House of Representatives, the other the 
Senate, and both together the General Assembly of 
the Commonwealth of Kentucky. 

2. The members of the House of Representatives 
shall continue in office for the term of two years from 
the commencement of the general election, and no 
louger. The members of the Senate shall continue in 
office for the term of four years from the commence¬ 
ment of the general election, and no longer. 

3. Representatives shall be chosen on the first Mon¬ 
day in August every second year, and shall meet at the 

Capitol of the State on the-day of -every 

second year. The Senate shall also meet at the same 
time and place every second year, and shall be chosen 


on the first Monday in August every four years, but' 
shall only assemble at the same time and place of the 
meeting of the members of the House of Representa¬ 
tives. 

4. The General Assembly, as aforesaid, shall not con¬ 
tinue in session more than forty days, unless upon ex¬ 
traordinary occasions, the Governor, by proclamation, 
should think proper to continue them in session longer, 
but, in no instance, shall the session be prolonged over 
sixty days. 

5. The General Assembly shall have no power to 
grant divorces, or pass any law dissolving the marriage 
contract; nor shall they have power to pass any act or 
law for individual or private benefit, unless four fifths 
of all the members of both houses concur in the pass¬ 
age thereof. 

6 They shall pass laws establishing in each and ev¬ 
ery county in this State at least five election precincts; 
and in every city or town, entitled to one or more 
members, they shall establish at least three election pre- 
cints, and more if the Legislature should think proper. 
All elections shall be held at the time and places estab¬ 
lished by law. 

7. No person shall be a Representative who, at the 
time of his election, is not a citizen of the United 
States, and hath not attained to the age of twenty-four 
years, and resided in this State two years next preceding 
his election, and the last year thereof in the county, 
city, or town, for which tie may be chosen. 

8. No person shall be a Senator who, at the timi of his 
election, is not a citizen of the United States, and who 
hath not attained to the age of thirty-fivo years, and 
resided six years in this State next preceding his elec¬ 
tion, and the last year thereof ill the district for which 
he may be chosen. 

9. In all elections for all and every officer in this 
Commonwealth, who are by Ibis Constitution to be 
elected by the people, and also for members of Congress, 
or President of the United States, or Vice President, ev¬ 
ery free white male citizen who, at the time being, 
hath attained to the age of twenty-one years, and resi¬ 
ded in this State one year, or more, and in the county, 
city, or town, where he offers to vote, at least lour 
months, shall be entitled to vote for all and either of 
said officers, except foreigners not naturalized, and per¬ 
sons convicted of felony and not pardoned. 

10. At the first session of the General Assembly af¬ 
ter this Constitution takes effect, the Senators shall be 
divided by lot, as equally as may be, into two classes; 
theseats of the Senators of the firstclass shall be vaca¬ 
ted at the end of tile second year, so that half of the 
Senators shall be elected every second year. 

11. The first election for Senators, after this Consti¬ 
tution takes effect, shall be general throughout the 
State and at the same time that Representatives are 
elected; and thereafter there shall be a biennial election 
for half the number of Senators to which the State is 
entitled. • 

12. Representation shall be equal throughout the 
State as near as may be, agreeably to the ratio as laid, 
from time to time, by the General Assembly, according 
to the number of qualified voters in the State. The 
General Assembly shall never consist of more than one 
hundred members in the House of Representatives, nor 
more than thirty-eight Senators. At the first session 
of the General Assembly, after the taking effect of this 
Constitution, they shall lay off the State into as many 
Senatorial districts as there may then be Senators, and 
apportion the representation in the House of Repre¬ 
sentatives and Senate amongst the several counties, 
towns, cities, and districts, to which the State is enti¬ 
tled. 

13. The General Assembly shall have no power to 
pass any law for the emancipation of slaves while they 










THE NEW CONSTITUTION. 


3S9 


remain in this State. They may pass laws to emanci¬ 
pate slaves, saving the rights of creditors, with the con¬ 
sent of their owners, upon condition that they are not 
to be free until they leave the borders of this State; 
and, upon condition, that if such emancipated slave, or 
slaves, should ever return into Kentucky, that he, she, 
or they, are to be taken up and sold for the benefit of 
the State Treasury. 

14. The General Assembly may pass laws prohibiting 
the importation of slaves into this State for the pur¬ 
poses of sale, but shall pass no law prohibiting their 
importation, if acquired by gift, grant, or devise by 
will, or otherwise : Provided, the same is solely and 
bona fide for the use oi the importer. Laws may be 
passed to compel owners of slaves to treat them hu¬ 
manely. 

15. In apportioning the representation for Represent¬ 
atives to both houses of the General Assembly, where 
one county does not contain the number of qualified 
voters required by law to elect a Representative or Sen¬ 
ator, in that case, two or more counties may be joined 
together (which counties must lie joining each other) 
for the purposes of electing a Senator or Representa¬ 
tive. The number of Representatives at the first ses¬ 
sion of the General Assembly, after this Constitution 
takes effect, shall consist of one hundred members, and 

the Senate of-—, to be apportioned as directed 

in the twelfth section of the second article of this Con¬ 
stitution: Provided, that when two or more counties 
adjoining, have residuums over and above the ratio, 
when fixed by law, if said residuums, when added to¬ 
gether, will amount to the ratio fixed, in that case, one 
Representative shall be added to that county having 
the largest residuum. 

16. The House of Representatives shall choose its 
Speaker and other officers. 

17. The apportionment of representation for mem¬ 
bers to the General Assembly, and the laying the State 
off into corresponding or suitable districts, shall be 
done every four years. 

18. The Congressional Districts should be laid off 
ard the apportionment made every ten years, contain¬ 
ing the ratio, or number of qualified voters, agreeably 
to the laws of the United States, for the purpose of 
electing members to Congress. 

19. Not less than a majority of the members of each 
house of the General Assembly shall constitute a quo¬ 
rum to do business, but a smaller number may adjourn 
from day to day, and shall be authorised by law, to 
compel the attendance of absent members, under such 
rules and penalties as they may prescribe. 

20. Each house of the General Assembly shall judge 
of the qualifications and returns of its members; aud 
a contested election shall be determined by law. 

21. Each house of the General Assembly may de¬ 
termine the rules of its proceedings, punish a member 
for disorderly behavior, and with the concurrence of 
two-thirds, expel a member. 

22. Each house of the General Assembly' shall keep 
and publish weekly, a journal of its proceedings; and 
the yeas and nays of the members, on any question, 
shall, at the desire of any two of them, be entered on 
the journal. 

23. Neither house of the General Assembly shall ad¬ 
journ for more than two days at a time, during the ses¬ 
sion, nor to any other place, without the concurrence 
of the other. 

24. The members of the General Assembly shall re¬ 
ceive from the public treasury, for their services, such 
compensation as may be authorised by law, but no in¬ 
crease or alteration in the compensation of members of 
either house shall take effect during the session at which 
the same is altered or increased. 


25. The members of the General Assembly shall, in 
all cases, (except felony, treason, breach, or surety' of 
the peace) be privileged from arrests or-imprisonment, 
during their attendance on their respective houses, and 
in going to, and returning from, the same; nor for any 
speech or debate in the house, shall they be questioned 
in any' other place. 

26. No Senator or Representative shall, during the 
term for which he was elected, nor for one year there¬ 
after, be eligible to any civil office under this common¬ 
wealth, which shall have been created, or the emolu¬ 
ments of which shall have been increased, during the 
time such Senator or Representative was in office, ex¬ 
cept such offices as may be made, or filled by the elec¬ 
tion of the people. 

27. No person, while, he continues to exercise the 
functions of a clergyman, priest, or teacher of any re¬ 
ligious persuasion, society, or sect, nor whilst he holds 
or exercises any office of profit under this Common¬ 
wealth, shall be eligible to the General Assembly, ex¬ 
cept atterneys at law, Justices of the Peace, aud militia 
officers: Provided, That attorneys for the Common¬ 
wealth who receive a fixed annual salary from the pub¬ 
lic treasury, shall be ineligible. 

28. No officerof any kind whatever, shall be eligible 
to a seat in the General Assembly, until he has obtain¬ 
ed a quietus or receipt for all the moneys due, or owing 
from him, to the Commonwealth, or to the county in 
which he resides. 

29. No bill shall have the force of a law, until on 
three several days, it be read over in each house of tho 
General Assembly, and free discussion allowed thereon, 
unless four-fifths of the house where the bill shall bede- 
pending, may deem it expedient to dispense with this 
rule. 

30. All bills for raising revenue, shall originate in the 
House of Representatives, but the Senate may propose 
amendments relative to the revenue, the same as in oth¬ 
er cases. 

31. The General Assembly shall have power to pass 
all laws not contrary to this Constitution, or the laws 
and Constitution of the United States, which they may 
think proper and expedient; they' shall also regulate by 
law, in what manner vacancies in either house may be 
filled. 

32. In all elections by the people, the votes shall be 
publicly given, “viva voce,” and be proclaimed by the 
Sheriff of the election; nor shall any election in this 
Commonwealth continue more than one day; but no¬ 
thing in this Constitution shall be construed to prohibit 
the Governor from proclaiming and issuing writs of 
elections, upon occasions extraordinary, or as may be 
required by law. 

The Secretary proceeded to read the pioposition, but 
before he had read it through, 

Mr. Irwin. The proposition is (o print, I believe. 
If the House has determined to print a new Constitu¬ 
tion of which we know nothing, it of course will do 
so, but I will move the old Constitution as a substitute 
therefor. I think it the best way of getting at the 
printing of the old Constitution, and I move that we 
dispense with the further reading of the proposition of 
! the gentleman. 

The question was then taken on the motion to dis¬ 
pense with the further reading of the proposition and 
it was agreed to. 

The question was then taken on printing the proposi¬ 
tion of Mr. Hargis, and referring it to the committee of 
the whole; and the Convention refused so to dispose 
of it. 

Monday, Oct. 8, 1849. 

Mr. Irwin offered the following, which, on his mo¬ 
tion, was referred to the committee on the legislative 
department, and ordered to be printed : 








390 


THE NEW CONSTITUTION. 


1. Resilved That some constitutional reform and 
restriction should be made upon the subject of the fu¬ 
ture formation of new counties in Kentucky. 

2. Resolved, That the douse of Representatives in 
Kentucky ought not to consist of a greater number of 
representatives than sixty-five, nor should the Senate 
consist of a greater number of senators than thirty. 

Mr. Mates offered the following, which, on his mo¬ 
tion, was referred to the committee having charge of 
the subject of county courts, and was ordered to be 
printed : 

1. Resolved, That the Legislature of Kentucky ought 
not to meet oftener than once in three years ; and that 
the Governor, upon extraordinary occasions, should 
have power to convene that body in extra session. 

2. Resolved, That whenever the Legislature shall 

continue in session longer than fifty days, the pay of 
its members should be reduced to one dollar per day, 
lor every day tiie session shall be extended beyond 
fifty. J 

3. Resolved, That in lien of the present system of 
appointing Justices of the Peace in Kentucky, each 
county in the State should be laid off into convenient 
magistrate’s districts ; that the qualified voters of each 
district should at stated times, by vote,elect some qual¬ 
ified person, residing in the district, to the office of 
Justice of the Peace for such district* who should be 
commissioned by the Governor, and bold s .id office 
-years ; and he should be eligible to re-elec¬ 
tion. 

4. Resolved, That should any justice remove from 
his district, bis office should thereby be vacated, and 
another elected in his place. 

5. Resolved, That said justice should have and exer¬ 
cise all the jurisdiction now legally exercised by jus¬ 
tices of the peace. 

G. Resolved, 1’hat in place of the now existing coun¬ 
ty courts in Kentucky, a court should bo erected and 
established in each county to be called court, 

to consist of a judge, or judges, (the number should not 
exceed three,) to be elected at stated times by the votes 
ol the qualified voters of each county, and to be com¬ 
missioned by the Governor, and to hold his or their 
office years. Tiiis court should have and ex¬ 

ercise jurisdiction in all matters now properly belong¬ 
ing to the county courts ; and appeals should be allow¬ 
ed to it from the decisions of the justices in the 
county. 

Mr. Thompson offered the following, the first of 
which, on his motion, was referred to the committee 
on the inode of amen ling the constitution, and the sec¬ 
ond, to the committee on the miscellaneous provisions 
ol the constitution, and both were ordered to be 
printed. 

1. Reso ved, That the mode of .amending the consti¬ 
tution, by convention, is the correct and proper one, 
which lias been sanctioned by experience under the old 
and present constitution. 

2. Resolved, That the committee on the miscellane¬ 
ous provisions ol the constitution bo instructed to en¬ 
quire into tile expediency ol adding tile following sec¬ 
tion to that part of the constitution to them referred, 
viz : Any person who shall, after the adoption of this 
constitution, light a duel, or knowingly be the bearer 
of a challenge to fignt a duel, or send or accept 8 
challenge for that purpose, or be an aider or abetter in 
fig.)ting a duel,shall be deprived of the right to hold 
any office of honor or prolii in this commonwealth, and 
shall be deprived of tiie right of suffrage, and shall be 
punished otherwise, in such manner as the legislature 
may prescribe. 

Mr. Mehui WETHER offered the following, which on 
his motion, was referred to toe committee of the whole 
and ordered to be printed. 


1. Resolved, That it is expedient to provide for the 
election of members of the State Senate for the term 
of four years, and members of the House of Represen¬ 
tatives (orthe term of two years. That the legislature 
shall convene but once in two years, unless for special 
reasons, convened by proclamation of the Governor. 

That the members shall receive a daily compensa¬ 
tion to be fixed by law, but that no member shall re¬ 
ceive compensation for more than sixty days of any 
one session, which compensation shall not he increased 
so as to take effect during their continuance in office. 

2. That it is expedient to provide that the Governor 
and Lieutenant Governor, members of both brandies 
of the legislature, and congress, be elected on one and 
thesame day, and all other officers,, whether executive, 
judicial, or ministerial, elected by the people, be elected 
on the corresponding day of the next succeeding year, 
so as to effectually separate the elections of governor, 
lieutenant governor, members of both branches ol the 
legislature and congress, from that of the other execu¬ 
tive, judicial and ministerial officers : Provided, That 
the governor, lieutenant governor, senators, judges of 
the superior and inferior courts, and such other officers, 
whose terms of office may exceed two years, shall be so 
arranged as to cause their elections to be held on the 
day and in the year as provided for in this resolution. 

3. That it is expedient to prohibit the manumission 
of slaves within this commonwealth, unless ample se¬ 
curity be provided for their removal and remaining 
without tiie limits of this State. And that provision be 
made for the removal of all free persons of color from 
the Slate, and to prevent the future emigration of any 
such persons to the State. 

Tuesday', Oct. 9, 1849. 

Mr. Taebott submitted the following, and moved 
that it be referred to tiie committee on slavery, and 
printed : 

1. Resolved, That it will be expedient to incoraorate 
into the constitution this convention is about to form, 
a clause that it may be amended specifically on all sub¬ 
jects lioi involving tiie right of property. 

2. Resolved, That the question of slavery, and all 
other questions involving the right of property, shall 
not be reached, except through the call of a conven¬ 
tion. 

3. Resolved, That no specific amendment shall be 
adopted, or convention called, except upon the recom¬ 
mendation of both branches of the legislature for two 
successive sessions, and afterwards sanctioned and rati¬ 
fied by a direct vote of the people, a majority of all the 
qualified electors in the State voting for the same. 

Mr. Rtmu offered the following : 

Resolved, That no city, town, or county shall here¬ 
after, in any manner, give, loan, or sell its credit in aid 
of any individual association or corporation ; neither 
shall it contract any debt but in anticipation of its reg¬ 
ular revenue for any fiscal year, and to be paid within 
six months after expiration of sucli fiscal year ; nor 
shuil the legislature authorize any city, town, or coun¬ 
ty, to contract any such other or further debt unless it 
be payable in fifteen years at farthest; nor unless there 
be levied at the same time an annual tax upon real and 
personal property situated within the corporate limits, 
adequate, to the annual payment of the interest and tiie 
extinguishment of the debt within the time stipulated 
for the payment ; nor shall any such law take effect 
until three months after the passage, nor until the 
same shall receive the sanction of a majority of all 
those who at the time are as.-essed, or owners of such 
real or personal estate by a vote to be taken after ten 
days’ notice, on a day to be named, and in a manner to 
be prescribed by those having control of the principal 
affairs of such city, town, or county ; nor shall the tax¬ 
es on the real or personal estate of any city, town, or 







THE NEW CONSTITUTION. 


39i 


county, ba increased, but by a law which shall in like 
manner receive the, sanction of a majority of all those 
"" whose properly is assessed as aforesaid. The legislature 
may, atony time after tile approval of such law by the 
tax payers, forbid the contracting of ai^y further lia¬ 
bility under such law ; hut tax imposed by such law, in 
proportion to the debt or liability which may have 
been contracted in pursuance thereto, shall not he re- 
peaiable, but be annually collected until the principal 
and interest of the debt contracted shall he discharged. 

Referred to the committee on the executive and min¬ 
isterial officers for counties and districts. 

Mr. McHenry submitted the following : 

1. Resolved, That if representation can be made 
equal and uniform, and each county in the State have 
separate representation by increasing tile number of 
representatives to one hundred and fifty, it should be 
done ; but, if by so increasing the number of repre¬ 
sentatives, each county cannot he entitled to a separate 
representation, and at the same time representation be 
more equal than at present, then the number of repre¬ 
sentatives should be reduced to and fixed at seventy- 
five, and the number of Senators to twenty-five. 

2. Resolved, That the regular session of the legisla¬ 
ture should be limited to sixty days, unless extended 
by a vote of two-thirds of all the members elected to 
both branches thereof. 

Mr. Kei.i.v offered the following ; referred to the 
committee of court of appeals : 

Resolved, That commissioners shall be appointed to 
codify and condense the lews of this Commonwealth, 
and that the rules of practice in the various courts of 
justice he made uniform 

Resolved, That the court of appeals, as at present 
constituted, he abolished, and tiiat the circuit judges 
constitute! said court. 

Mr. C- A. Wickliffe said that the standing commit¬ 
tee on tiiat braneh of the constitution which related to 
the court of appeals, had directed him to make a report 
which lio styled No. 1, as follows : 

ARTICLE-. 

Concerning the Judicial Department. 

Sec. 1. The judicial power of this commonwealth, 
both as to matters of law and equity, shall be vested in 
one supreme court, which shall be styled the court of: 
appeals, and in such inferior courts, as the general as¬ 
sembly may, from time to time, erect and establish. 

Sec. 2. Tile court of appeals shall have appellate ju¬ 
risdiction only, which shall be co-extensive with the 
Stale, under such restrictions and regulations, not re¬ 
pugnant to this constitution, as may, from time to time, 
be prescribed by law. 

Sec. 3 The judges of the court of appeals shall hold 
their offices for the term of eight years, and until their 
successors^hall be duiy qualified, subject to the con¬ 
ditions hereinafter prescribed ; but for any reasonable 
cause, whiohshail not be sufficient ground of impeach¬ 
ment, the Governor shall remove any of them on the 
address of two-thirds of each house of the General 
Assembly ; Provided, however, That the cause or, 
causes for which such removal may be required, shall I 
be stated at length in such address, and on the journal 
of each House. They shall, at stated times, receive 
for their services an adequate compensation, to be fixed 
by lav/. 

Sec. 4. The court of appeals shall consist of four 
judges, auy three of whom may constitute a court for | 
the transaction of business. The judges shall, by vir- j 
tue of their office, be conservators of the peace through¬ 
out the State. The style of all process shall be, “The 
commonwealth of Kentucky.” All prosecutions shall 
be carried out in the name, and by the authority of 
the commonwealth of Kentucky, and conclude “aghast 
the peace and dignity of the same.” 


I Sec. 5. The General Assembly, at its first session 
[after the adoption of this constitution, shall divide the 
j Slate inlo four appellate court, districts—in each of 
which districts the qualified voters therein, shall elect 
one judge of the court of appeals. 

Sec. 6. The judges first elected shall serve as follows, 
to wit : one shall serve two years, one shall serve four 
[ years, one shall serve six years, and the other shall 
serve eight years. The judges, at the first term of the 
court succeeding their election, shall determine, by lot, 

| the length of time which each one shall serve : and at 
j the expiration of the service of each, an election in the 
proper district shall take place to fill the vacancy.— 
The judge having taken the shortest time to serve, shall 
i be styled the Chief Justice of Kentucky. 

Sec. 7. If a vacancy shall occur in said court, by 
’ death, resignation, removal or otherwise, the Gover'p- 
I or shall issue a writ of election to the district in which 
[suchjudge was elected, and another judge shall be 
; elected by that district, to serve until the expiration of 
| the time for which the judge was elected, whose death, 

| resignation, removal, or other cause, produced such 
j vacancy. 

Sec. 8. Any citizen of the United States, who has 
attained the age of thirty years, and who is a resident 
I of the appellate district for which he may be chosen. 

J and who has been a practising lawyer in the courts of 
this State for at least eight years, or whose practice at 
the bar, and service, upon the bench ol any court in 
! tiiis State shall, together, he equal to eight years, shall 
be eligible to the office of judge of the court of ap¬ 
peals. 

Sec. 9. The court of appeals shall hold its session in 
each appellate district, at such times and places as may, 
from time to time, be provided hv law. 

Sec. 10. The first election of the judges of the court 

of appeals shall take place on the-day o!-, 

and every two years thereafter, in the district in which 
a vacancy may occur, by expiration of the term of 
office; and the judges of the said court shall be com¬ 
missioned by the Governor. 

Sec. 11. There shall he elected in each appellate dis¬ 
trict, by the qualified voters thereof, a clerk of the court 
of appeals for such district, who shall hold his office 
for the term of eight years, and who may be removed 
by the court of appeals for good cause, upon informa¬ 
tion by tlie Attorney General. 

Sec. 12. No person shall be eligible as clerk, unless 
he is a citizen of Iho United States, a resident ol the 
district in which he may be elected, of the age of twen¬ 
ty-one years, and have, at the time of such election, a 
certificate of his qualifications from the judges of the 
court of appeals. 

Sec. 13. In case of vacancy in the office of clerk of 
the court of appeals in any district, for any cause, the 
Governor shall issue a writ of election to that district, 
and th" qualified voters thereof, shall elect a clerk for 
that district., to serve until the end of the term for 
which the clerk was elected, whose vacancy is to be 
filled. 

Sec. 14. The Legislature shall provide, by law, for 
the mode and manner of conducting and making due 
returns to the Secretary [of State, of all elections of 
the judges and clerks, of the court of appeals, and of 
determining contested elections of any of those offi¬ 
cers. 

There is, (said Mr. W.) one other provision connect- 
el with tl j is subject .that attracted the attention oi the 
committee, but we prefer, before expressing any opin¬ 
ion upon it, to wait the action of the other committees 
connected with the judiciary. I allude to the mode of 
electing those officers—whether it shall be by ballot or 
viva voce. The view of the committee was, to adopt, 
in reference to the election of all these officers, tspeci- 











THE NEW CONSTITUTION. 



ally those connected with the judiciary, the ballot sys¬ 
tem ; but we have not gone into that subject, prefer- 
ing first to wait the action of the other committees.— 
In obedience to the direction of the committee, I ask 
that the convention will order the printing of five hun¬ 
dred copies of the report. They desire this more than 
ordinary number, that they may enabled to send out 
to sections of the State, where newspapers, perhaps, 
will not reach, the views they propose shall be adopted 
in the constitution. 

Wednesday, Oct. 10, 1849. 

Mr James submitted the following, which, on his 
motion, was referred to the committee on the legisla¬ 
tive department, and ordered to be printed : 

1. Resolved, That it is expedient to direct the Gener¬ 
al Assembly toprovide by law, for the mode and man¬ 
ner in which the survivor of a duel, and his estate, 
shall be rendered responsible to, and be charged with, a 
compensation for the wife and children of the deceased 
whom he has slain. 

2. Resolved, That no lottery should be authorized by 
this State, and the selling or buying of lottery tickets 
within this State should be prohibited. 

Mr. Triplett offered the following, and on his mo¬ 
tion, it was referred to the committee on the Executive 
department for the State at large, and ordered to be 
printed : 

Resolved, That whenever the Governor shall remit a 
fine or forfeiture, or grant a reprieve or pardou, he 
shall enter his reasons tor doing so on the records of the 
Secretary of State,in a separate book, and on the re¬ 
quisition of either house of the General Assembly, the 
same shall be laid before them, and published if they 
deem proper. 

Mr. Gray submitted the following, and on liis motion 
it was referred to the committee on the revision of the 
constitution and slavery, and ordered to be printed : 

Resolved ; That the mode of revising and amending 
the constitution ought to be as follows : 

Any specific amendment or amendments to the con¬ 
stitution may be proposed in the Senate or House of 
Representatives, and, if tho same shall be agreed to bv 
majority of the members elected to each of the two 
Houses, such oroposedamendment oramendtnentsshall 
be entered on the journals, with the yeas and nays ta¬ 
ken thereon, and published l'or three months previous 
to the next succeeding election for Representatives to 
the Legislature, in at least one newspaper of each 
county, if any be published therein, and shall be sub¬ 
mitted to the people, at said election, in such manner as 
the Legislature may prescribe ; and, if the people shall 
approve such amendment or amendments, or any of 
them, by a majority of all the electors of the Slate 
qualified to vote for members of the Legislature, such 
amendment or amendments, so approved, shall be re¬ 
ferred to the Legislature chosen at said election ; and 
if, in said Legislature, such proposed amendment or 
amendments, or any of them, shall be agreed to by a 
majority of all the members elected to each House, 
then it shall be the duty of the Legislature again to 
submit such proposed amendment or amendments, or 
such of them as may have been agreed to, as aforesaid, 
by the two Legislatures, to the people at the next elec¬ 
tion for judicial officers, or membersof the Legislature; 
and if the people at the said election, shall approve and 
ratify such amendment or amendments, or any of them, 
by a majority of all the electors of the State qualified 
to vote for members of the Legislature, such amend¬ 
ment or amendments, so approved and ratified, shall 
Income part of the constitution : Provided., That if 
more than one amendment be submitted, they shall be 
submitted in such manner and form that the people may 
vote for or against each amendment separately aud dis¬ 
tinctly ; but no amendment or amendments shall be 


I submitted to the people oftener than once in- 

years: And, provided, further, That the article of the 
constitution concerningslaves, this article, and the por¬ 
tion which provides that no man’s property shall be ta¬ 
ken or applied to the public use without tho consent of 
his representatives, and without just compensation be¬ 
ing previously made to him,shall never be amended or 
changed without the concurrence of two-thirds of all 
the members elected to each House of the General As¬ 
sembly, at two successive sessions, and a majority of 
all the electors of the State, qualified to vote for mem¬ 
bers of the Legislature, at two successive elections- 
Mr. Pkest0n offered the following, and on his mo¬ 
tion, it was referred to the committee on miscellaneous 
provisions and ordered to be printed : 

Resolved, That it be referred to the committee on 
miscellaneous provisions, of the constitution, to inquire 
into the expediency of amending the 16th section of 
the 6th article of the present constitution of Kentuc¬ 
ky, so that : 

1st. All judicial officers, whose duties and powers are 
confined to counties, who may be elected under the new 
constitution, shall be chosen by ballot. 

2d. In all elections by the people of governor, lieu¬ 
tenant governor, membersof the genera! assembly, and 
officers whose duties relato to the State at large, and in 
all elections by the Legislature, the votes shall be giv¬ 
en personally and publicly viva voce. 

Mr. Kavanaugh offered the following, and on his 
motion it was referred to the committee on the county 
courts, and ordered to be printed : 

1. Resolved, That provision should be made in the 
constitution for a court of probate in each county of 
the State, to consist of a sole judge, with a jurisdic¬ 
tion defined in the constitution and laws : Provided, 
however, That such jurisdiction shall, in no case, in the 

trial of civil causes exceed the sum of-dollars. 

2. Resolved, That the number of justices of the 
peace for each county of the State should be in pro¬ 
portion to tie number of qualified voters of such 
county, which proportion should be prescribed in the 
constitution ; and that the jurisdiction of justices of 
the peace ought not to exceed that now given by the 
laws of the State : Provided, however, That each coun¬ 
ty seat of the State ought to have at least two justices. 

3. Resolved, That the county courts as now estab¬ 
lished, should be abolished, and that the justices collec¬ 
tively of each county, constitute a board of county 
commissioners : and, as such, to have no other power 
nor jurisdiction than such as relates to the county rev¬ 
enue and its application, roads, passways, warehouses, 
ferries, aud mills,and to be regarded and governed in 
such jurisdiction in such manner as may be prescribed 
by law. 

Mr. Dcnavan offered the following, and on his mo¬ 
tion, it was referred aud ordered to be printed : 

Resolved, That the appropriate committee enquire 
into the expediency of adopting in the constitution a 
provision requiring the fiscal agent of the State, after 
the return to his office of the commissioners’ books of 
the revenue tax, to make an estimate of the probable 
expenditure of the government for that year, and then 
to assess an ad valorem tax on the amount of property 
listed for taxation sufficient to meet that expenditure. 

Mr. Boweing offered the following, and on his motion 
it was referred to the committee on the Legislative de¬ 
partment, aud ordered to be printed : 

1. Resolved, That it is right and just that all proper¬ 
ty should be taxed according to its value ; that value 
to be ascertained in such manner as the Legislature 
shall direct, so that the same shall be equal and uniform 
throughout the commonwealth. No one species of 
property from which a tax may be collected, ought to 
be taxed higher than any other species of property of 










THE NEW CONSTITUTION. 


equal value but the Legislature ought to have power 
to tax merchants, pedlars and privileges, in such a man¬ 
ner as they may from time to time direct. 

2. Resolved, That no article manufactured of the 
produce of this commonwealth ought to be taxed, oth¬ 
erwise than to pay inspection fees. 

Mr. Hamilton offered the following, and moved that 
it be referred to the committee on the Legislative de¬ 
partment : 

1. Resolved, That within five years after the adop¬ 
tion of this constitution, the Legislature shall appoint 
not less than three, nor more than five persons, learned 
in the law, who shall revise, digest, arrange and publish 
the laws, civil and criminal, so as to have but one law 
on any one subject, and to be in plain English, in such 
manner as the Legislature may direct; and a like re¬ 
vision every ten years thereafter. 

2. Resolved, That every law enacted by the Legisla¬ 
ture shall embrace but one object, and that shall be ex¬ 
pressed in the title. 

3. Resolved, T hat no law shall be revised or amended 
by reference to its title ; but, in such case, the act re¬ 
vised, or section amended, shall be re-enacted and pub¬ 
lished at lengtii ; and all other laws on the same sub¬ 
ject shall be repealed. 

Mr. Bristow offered the following, as an additional 
resolution, and suggested that they "should be referred 
to aspecial committee, having charge of the subject : 

Resolved, i hat the Legislature, at its first session af¬ 
ter the adoption ol the new constitution, shall provide 
for the appointment of three commissioners, whose 
duty it shall be to revise, reform, simplify and abridge 
the rules and practice, pleadings, forms aud proceed¬ 
ings of the courts of record of this State, and report 
thereon to the Legislature, subject to their adoption 
aud modification, from time to time. 

Mr. Hamilton accepted the amendment and the sug¬ 
gestion to refer. 

The propos tions were accordingly referred to a spe¬ 
cial committee, aud ordered to be printed. 

Mr. McClure offered the following, and on his mo¬ 
tion, it was referred to the committee on the Executive 
for the State at large and ordered to be printed : 

Resolved, 1 hat the committee on executive offices 
shall inquire into the propriety of changing, or so 
amending the existing constitution, that when the 
Governor of this commonwealth shall die, refuse to 
qualify, move, or resign, in that event a uew election 
shall be had for Governor, instead of the mode pointed 
out in the existing constitution of filling his vacancy. 

Mr. Lindsev offered fhe following, and on his motion 
it was referred to the committee on the Legislative de¬ 
partment: 

Resolved, That the committee on the Legislative de¬ 
partment be instructed to inquire and report on the 
propriety of inserting the following as sections in the 
new constitution : 

“The ancient mode of trial by jury, in all criminal 
and penal prosecutions on behalf of the commonwealth, 
shall be held sacred, and the rights thereof remain in¬ 
violate ; except the Legislature may define the causes 
for which the commonwealth may challenge jurors, 
and allow challenges in herbehalf without cause shown, 
not exceeding five in number—and may also allow 
three-fourths of the jury to render a verdict. In all 
civil causes, the Legislature may lessen the number of 
jurors to seven, and allow five to render a verdict. 

“The rights of bearing arms in self defence shall not 
be prohibited by the Legislature : but the Legislature 
may prohibit, by law, the wearing of concealed weap¬ 
ons in time of peace, and when not worn in self-de¬ 
fence.” 

Mr. Garrard oflered the following, and it was 
agreed to : 


393 


Resolved, That the Secoud Auditor be requested to 
transmit to this convention a tabular statement, show¬ 
ing the number of white mules over twenty-one years 
of age in each county in this State for the year 1848. 

Mr. Thompson offered the following, and it was 
agreed to : 

Resolved, That the power of the Legislature to con¬ 
tract debts ought to be restricted, and the committee on 
the public debt of the State be instructed to inquire 
into the expediency of so amending the constitution as 
to place the above restriction upon the legislative au¬ 
thority. 

SLAVERY. 

Mr. Meriwether, from the committee on the revis¬ 
ion of the constitution and slavery, made the following 
report: 

ARTICLE SEVENTH, 

Src. 1. The General Assembly shall have no power 
to pass laws for the emancipation of slaves without the 
consent of their owners or without paying their own¬ 
ers previous to such emancipation a full equivalent in 
money for the slaves so emancipated, nor shall they 
exercise any other or greater power over the after 
born children of slave mothers than over the slaves then 
in being. 

Sec. 2. They shall hav« no power to prevent emi¬ 
grants to this State from bringing with them, not citi¬ 
zens thereof who may derive title by marriage, descent 
or devise, from bringing to this State such persons as 
are deemed slaves by the laws of any one of the Unit¬ 
ed States, or any territory thereof, so long as any per¬ 
son of the same age and description shall be continued 
in slavery by the laws of this State. 

Sec. 3. They shall pass laws to permit the owners of 
slaves to emancipate them saving the rights of credit¬ 
ors and preventing them from becoming a charge to 
any county in this commonwealth. But they shall 
have no power to pass any law authorizing the emanci¬ 
pation of any slave or slaves, without a provision for 
their removal from, and against their return to, this 
State. 

Sec. 4. They shall have full power to prevent slaves 
being brought into this State as merchandize. 

Sec. 5. They shall have full power to prevent any 
daves being brought into this State from a foreign 
country, and to prevent those from being brought into 
this State, who have been, since the 1st day of January, 
1849, or may hereafter be imported into any of the 
United States from a foreign country. 

Sec. 6. They shall have lull power to pass such laws 
as may be necessary to oblige the owners of slaves to 
abstain from all injuries to them, extending to life or 
limb, and in case of their neglect or refusal to comply 
with the directions of such laws, to have such slave or 
slaves sold for the benefit of their owner or owners. 

Sec. 7. They shall pass laws providing that whenev¬ 
er a slave or slaves are executed, a full equivalent in 
money shall be paid the owner out of a fund to be 
raised by a special tax on slaves, levied for that pur¬ 
pose, and providing that when any slave or slaves shall 
be executed for the destruction of property, a pro rata 
distribution of the value paid for said slave or slaves 
shall be made between the owner of such slave or slaves 
and the owner of the property destroyed. 

Sec. 8. They shall have power to provide by law, 
for the removal of all free negroes and mulattoes now 
in this State. 

Sec. 9. They shall pass laws providing that any free 
negro or mulatto hereafter emigrating to, or being 
emancipated in, and refusing to leave this State, or hav¬ 
ing left, shall return and settle within this State, shall 
be deemed guilty of felony and punished by confine¬ 
ment in the penitentiary thereof. 

Sec. 10. In the prosecution of slaves for felony, no 










THE NEW CONSTITUTION. 


•’94 


inquest by a grand jury shall be necessary, but the pro¬ 
ceedings in such prosecutions shall be regulated by law; 
except, that the General Assembly shall have no power 
to deprive them of the privilege of an impartial trial 
by a petit jury. 

Mr. Meriwether moved that the report be referred 
to the committee of the whole and printed, and made 
the special order for Monday week, the 22d inst. 

The motion was agreed to. 

Monday, Oct. 15, 1849. 

Mr. Turner, from the committee on the executive 
and ministerial offices, for counties and districts, made 
the following report : 

ARTICLE 

Sec. 1. There shall be elected a commonwealth’s at¬ 
torney for each circuit, and a circuit court clerk for 
each county, whose term of office shall be the same as 
that of the circuit judges ; a county court attorney, 
clerk, surveyor, coroner, and jailer, for each county, 
whose term of office shall be the same as that of the 
presiding judge of the county court. 

Sec. 2. No person shall be eligible to the offices men¬ 
tioned in this article who is not, at the time, twenty- 
four years old, a citizen of the United States, and who 
has not resided two years next preceding the election, 
in the State, and one year in the county or district in i 
which he offers his services. No person shall be eligi¬ 
ble to the office of commonwealth or county attorney, 
unless he shall have been a licensed practising attorney 
for two years. No person shall be elected clerk unless 
he shall have procured from the court of appeals, a cer- ! 
tificatethat he has been examined by their clerk, under 
their supervision, and that he is qualified for the office I 
for which he is a candidate. But the office of sheriff 
or constable may be filled by persons who have attain- ] 
ed the age of twenty-one years. 

Sec. 3. The commonwealth's attorney and circuit 
eourt elerk shall be elected at the same time, and in the 
same manner as the circuit judge. The county attor- I 
ney, clerk, surveyor, coroner, and jailer, shall be elect- ' 
ed at the same time, and in the same manner, as the ; 
presiding judge of the county court. 

Sec. 4. Sheriffs shall be elected in each county, at 
the same time and manner that associate judges of tiie 
county court are elected, whose term of office shall be 
two years, and they shall be re-eligible for a second 
term ; but no sheriff, or deputy, who qualified under 
him, shall, after the expiration of the second term, be 
re-eligible for the succeeding term. 

Sec. 5 A constable shall be elected in every justice’s 
district, who shall be chosen at the. same time, influx 
same manner, and for the same term, that justices of 
the peace are elected. He may execute the duties of 
his office in any part of the county in which lie resides. 

Sec. 6. Officers for towns and cities shall be elected 
for such terms, and in such manner, and with such j 
qualifications, as may be prescribed by law. 

Sec. 7. Vacancies in offices under Ibis article, shall 
be filled, until the next ensuing election ; in such man¬ 
ner as the legislature may provide. 

Sf.c. 8. All officers provided for in this article, shall 
reside in their respective counties or districts, duriutr 
their continuance in office. 

Sec. 9. Clerks shall be'removable by the appellate 
court, only for breach of good behavior : which court 
shall be judges of law and fact. Other officers, whose 
removal from office is not provided for in this consti¬ 
tution, shall be removed in such manner asshall be pre¬ 
scribed by law. 

Sec. 10. When a new county shall be erected, offi¬ 
cers for the same, to serve until the next stated election, 
shall be elected or appointed in such way, and at such 
times,as the legislature may prescribe. 


Sec. 11. Clerks, sheriffs, surveyors, coroners, and 
jailers, shall, before they enter upon the duties of 
their respective offices, and as often thereafter as may 
be deemed proper, give such bond and security as shall 
be prescribed by law. 

Sec. 12. The legislature may provide for the appoint¬ 
ment of such other county or district ministerial and 
executive officers us shall, from time to time, be neces¬ 
sary and proper. 

Mr. Turner. The report is the result of the delib¬ 
erations of a majority of the committee of which I 
have the honor to be chairman. I did not myself nor 
did other members of the committee concur in all these 
provisions. I think that there are several little officers 
that might as well be appointed without the trouble of 
going through an election ; but in this, one member, 
and there were probably others, did not concur, because 
they believed that the people ought to have unlimited 
power, without any restriction as to age or any thing 
else; to select their officers. It will be seen that the re¬ 
port is rather incidental, and runs into both circuit and 
county courts, and it will not, therefore, be expedient 
for us to act upon it, until the reports of those two 
other committees should come in. I move, therefore, 
that it be printed and sent to the committee of the 
whole, and I will at some future day, fix upon a time 
for faking it up. 

It was referred and ordered to be printed accordingly. 

Tuesday, Oct. 16, 1849. 

Mr. Bristow from the committee on „the county 
courts, made a report which was referred to the com¬ 
mittee of the whole, and ordered to be printed, as fol¬ 
lows : 

article —. 

Sec. 1. There shall be established in each county 
now, or which may hereafter be erected within this 
commonwealth,a county court, to consist of a presid¬ 
ing judge and two associate judges. 

Sec. 2. The judges of the county court shall be elect¬ 
ed by the qualified voters in each county, for the term 
of four years, and until their successors shall be duly 
qualified, and shall receive such compensation for their 
services as may be fixed by law, to be paid out of the 
county revenue. 

Sec. 3. At the first election after the adoption of this 
Constitution, the three judges shall be elected at the 
sametime, but the associate judges, first elected, shall 
hold their offices for only two years, so that, thereafter, 
the election of the presiding judge, and that of the as¬ 
sociate judges will not occur at the same time. 

Sec. 4. No person shall be eligible to the office of 
presiding or associate judge of the county court, un¬ 
less he be a citizen of the United States, over twenty- 
one years of age, and a resident of the county in vvhidh 
he shall be chosen one year next preceding the elec¬ 
tion. 

Sec. 5. The jurisdiction of the county court shall 
be regulated by law, and, until changed, shall be the 
same now vested in the county couitsof this common¬ 
wealth. 

Sec. G. The several counties in this state shall be 
laid off into districts of convenient size, as the general 
assembly may, from iiify? to time, direct. Two jus¬ 
tices of the peace and one constable shall be elected in 
each district by the qualified voters therein. The ju¬ 
risdiction of said officers shall b ; co-exl -nsiv _> with the 
county. Justices of the peace shall be elected for the 
term of four years, and constables for the term of two 
years ; they shall be citizens of the United States, 
twenty-one years of age, and shall have resided six 
months in the district in which they may be elected, 
next preceding the election. 

Sec. 7. Judges of the county court.and justices of 








THE NEW CONSTITUTION. 


the peace shall be conservators of the peace. They 
shall be commissioned by the Governor. County and 
district officers shall vacate their offices by removal 
from the district or county in which they shall heap- 
pointed. The legislature shall provide, by law, for the 
mode and mannerof conducting and makingdue returns 
ol all elections of judges of the county court, justices 
of the peace, and constables, and for determining con¬ 
tested elections; and also provide the mode of filling 
vacancies in these offices. 

Sec. 8 . Judges of the county courts, justicesof the 
peace, and constables shall be subject to indictment for 
malfeasance or misfeasance in office, in such mode as 
rnay be prescribed by law, subject to appeal to the court 
of appeals; and, upon conviction, their office shall be¬ 
come vacant. 

Mr. Gholson, from a select committee, as its chair¬ 
man, made the following report, which was referred to 
the committee of the whole and ordered to be printed: 
article—. 

Sec. 1 . Within five years after the adoption of this 
constitution, the legislature shall appoint not less than 
three nor more than five persons learned in the law, 
who shall revise, digest, and arrange the statute laws, 
civil and criminal, so as to have but. one law on any 
one subject, to be in plain English, in such manner as 
the legislature may direct; and a like provision shall be 
had as often as shall be found necessary. 

Sec. 2. Each law passed by the legislature shall em¬ 
brace but one subject matter, which shall be expressed 
in the title. 

Sec. 3. Every amendment of a statute shall include 
that part of the old statute intended to be retained, as 
well as the amendment or addition thereto. 

Sec. 4. The legislature, at its first session after the 
adoption of the new constitution, shall provide for the 
appointment of at least three persons learned in the law 
whose duty it shall be to prepare a code of practice for 
the courts in this commonwealth, by revising, abridg¬ 
ing, and simplifying the laws in relation thereto, and 
report the same to the legislature for their adoption and 
modification from time to time. 

Sec 5. Tjie mode of taking evidence in this com¬ 
monwealth shall, in all civil suits, be uniform and the 
same, and each party shall have the right to make a 
witness of (he opposing party. 

Mr. Gholson, from a minority of the same committee, 
asked and obtuiued leave to make a report differing in 
some of i(3 details from the report of the majority, with 
which he said he was unable to agree. On his motion 
it was referred to the committee of the whole and or¬ 
dered to be printed as follows: 

article —. 

Sec. 1 . At its first session after the adoption of this 
constitution, the legislature shall appoint not less than 
three nor more than five persons learned in the law, 
whose duty it shall be to revise and arrange the sta¬ 
tute laws of this comm on wealth, both civil and crimi¬ 
nal, so as to have but one law on any one subject. 

Sec. 2. And also three other persons learned in the 
law, whose duty it shall be to prepare a code of prac¬ 
tice for the courts of this commonwealth, by revising, 
abridging, and simplifying th^ rules of practice, and 
laws relating thereto—all of whom shall, as at early a 
day as practicable, report their labors to the legislature 
for their approval, amendment, and adoption. Alike 
revision of the statutes aud rules of practice shall be 
provided by the legislature every-years. 

Sec. 3. When the legislature'shall amend a statute, 
the whole of such statute, as amended, shall be pub¬ 
lished. 

Sec. 4. No law passed by the legislature shall em¬ 
brace more than one distinct, object, or subject matter, 
which shall be expressed in the title. 


* /i t/ 


Sec. 5. No petition or declaration shall ever be made 
necessary to the issuance of process, on accounts or 
notes for the payment of money or property. 

Sec. 6. No civil suit shall bo dismissed for lack of 
technical form or specifications; but every citizen shall 
have justice freely without sale, promptly, without de¬ 
nial or delay, and a trial upon the merits of his case. 
To this end, the legislature, at rts first session after the 
adoption of this constitution, shall provide one general 
form of action in which all civil suits shall be brought- 

Sec. 7. In all civil suits the witnesses shall be ex¬ 
amined orally, and in open court, except in such eases 
as, from necessity, the legislature shall otherwise order 
and direct; and either party shall always have the right 
to make a witness of the opposing party. 

Sec. 8. Seven years peaceable possession under a title, 
either legal or equitable, shall quiet the titles of the oc¬ 
cupants of lands in this commonwealth, as to the ad¬ 
verse claim or claims of all and every person or persons 
—infants, idiots, and persons of unsound mind ex¬ 
cepted. 

REPORT FROM A COMMITTEE. 

Mr. Desiia, from the committee on the militia, made 
the following report, which, on his motion was referred 
to tile committee of the whole, and ordered to be 
printed: 

ARTICLE—. 


Sec. 1 . The militia of this commonwealth, shull 
consist of all free, able bodied male persons (negroes, 
mulatoes and Indians excepted) resident in the same, 
between the ages of eighteen and lorty-five years, ex¬ 
cept such persons as now are, or hereafter may be, ex¬ 
empted by the law's of the United States or of this 
State; but. those who belmigto religious societies whose 
tenets forbid them to carry arms shall not be compelled 
to do so, hut shall pay an equivalent for persoual servi¬ 
ces. 

Sec. 2 The Governor shall appoint the adjutant 
general, and his other staff officers; the majors general, 
brigadiers general, and commandants of regiments shall 
respectively appoint their staff officers; and command¬ 
ants of companies shall appoint their non-commissioned 
officers. 

Sec. 3. All other millitia officeis shall be elected by 
persons subject to military duty, within the bounds of 
their respective companies, battalions, brigades and di¬ 
visions, under such rules and regulations as the legisla¬ 
ture may, from time to time, direct and establish. 


POPULAR ELECTIONS. 

Mr. Giiolson offered the following resolution, and 
called for the yeas and nays thereon: 

Resolved, That the good people of this common¬ 
wealth are fully competent to judge of and decide upon 
the qualifications of all candidates for any office, whet h¬ 
er the same be legislative, executive, judicial or minis¬ 
terial; wherefore a certificate of election, according to 
law, is the only certificate of qualifications that shall 
ever bo required to enable any citizen to enter upon 
the discharge o) the duties of the office to which he may 
be elected. 


Election of Judges by the People. 

Joshua A. Spencer and Freeborn G. Jewett, the ri¬ 
val candidates for Judge of the Court of Appeals in 
New York, are very eminent jurists, and no men of 
other character were talked of for the office. The an¬ 
ticipations of the conservatives, they are compelled to 
admit, as to the ill effects of electing judges by the peo¬ 
ple, has not been realized. On the contrary, it is ad¬ 
mitted on all hands that the Stale of New York nev¬ 
er had a more pure or able Judiciary than at present. 

[ Toledo Commercial. 











396 


THE NEW CONSTITUTION. 


ADDRESS 

To the People of Lower Canada in favor of 
Annexation to the United States. 

To the People of Canada : 

The number and magnitude of the evils that afflict 
our country, and the universal and increasing depres¬ 
sion of its material interests, call upon all persons ani¬ 
mated by a sincere desire for its welfare, to combine for 
the purposes of inquiry and preparation, with a view 
to the adoption of such remedies as a mature and dis¬ 
passionate investigation may suggest. 

Belonging to all parties, origins and creeds, but yet 
agread upon the advantage of co-operation for the per¬ 
formance of a common duty to ourselves and our coun¬ 
try, growing out of a common necessity, we have con¬ 
sented, in view of a brighter and happier future, to 
merge in oblivion all past differences of whatever char¬ 
acter, or attributable to whatever source. In appealing 
to our follow colonists to unite with us in this our most 
needful duty, we solemnly conjure them, as they de¬ 
sire a successful issue and the welfare of their country, 
to enter upon the task at this momentous crisis in the 
same fraternal spirit. 

The reversal of the ancient policy of Great Britain, 
whereby she withdrew from the Colonies their wonted 
protection in her markets, has produced the most disas¬ 
trous effects upon Canada. In surveying the actual 
condition of the country, what but ruin or rapid decay 
meets the eye! Our Provincial Government and Civic 
Corporations, embarrassed; our Banking and other se¬ 
curities greatly depreciated; our mercantile and agri¬ 
cultural interests alike unprosperous; real estate scarce¬ 
ly saleable upon any terms; our unrivalled rivers, lakes 
and canals, almost unused; whilst commerce abandons 
our shores; the circulating capital amassed under a 
more favorable system dissipated, with none from any 
quarter to replace it! Thus, without available capital, 
unable to effect a loan with Foreign States,or with the 
Mother Country, although offering security greatly su¬ 
perior to that which readily obtains money both from ! 
the United States and Great Britain when other than 
colonists are the applicants,—crippled, therefore, and 
checked in the full career of private and public enter¬ 
prise, this possession of the British Crown—our coun¬ 
try-stands before the world in humiliating contrast 
with its immediate neighbors, exhibiting every symp¬ 
tom of a nation fast sinking to decay. 

With superabundant water power and cheap labor, 
especially in Lower Canada, we have yet no domestic 
manufactures; nor can the most sanguine, unless un¬ 
der altered circumstances, anticipate the home growth, 
or advent from foreign parts, or either capital or en¬ 
terprise to embark in this great source of national 
wealth. Our institutions, unhappily, have not that 
impress of permanence which can alone impart secu¬ 
rity and inspire confidence, and the Canadian market 
is too limited to tempt the foreign capitalist. 

Whilst the adjoining States are covered with a net¬ 
work of thriving railways, Canada possesses but three 
lines, which together,scarcely exceed 50 miles in length, 
and the stock in two of which is held at a depreciation 
of from 50 to 80 per cent.—a fatal symptom of the 
torpor overspreading the land. 

Our present form of Provincial Government is cum¬ 
brous, and so expensive as to be ill suited to the circum¬ 
stances of the country; and the necessary reference it 
demands, to a distant Government imperfectly ac¬ 
quainted with Canadian affairs, and somewhat indiffer¬ 
ent to our interests, is anomalous and irksome. Yet, 
in the event of a rupture between two of the most 
powerful nations in the world, Cauuda would become 
the battle-field and the sufferer, however little her in¬ 
terests might be involved in the cause of quarrel or the 
issue of the contest. 


The bitter animosities of political parties and fac¬ 
tions in Canada, often leading to violence, and, upon 
one occasion, to civil war, seein not to have abated with 
time; nor is there, at the present moment, any pros; 
pect of a diminution or accommodation. The aspect 
of parties becomes daily more threatening towards each 
tiler, and under our existing institutions and relations, 
little hope is discernible of a peaceful and prosperous 
administration of our affairs, but difficulties will, to all 
appearance, accumulate until government becomes imj! 
practicable. In this view of our position, any course 
that may promise to efface existing party distinctions 
and place entirely new issues before the people, must 
be fraught with undeniable advantages. 

Among the statesmen of the Mother Country—^ 
among the sagacious observers of the neighboring Re¬ 
public of Canada—and in all British North America— 
amongst all classes, there is a strong pervading convio 
tion that a political revolution in this country is at 
hand. Such forebodings cannot readily be dispelled, 
and they have, moreover, a tendency to realize the 
events to which they point. In the meanwhile, serious 
injury results to Canada, from the effect of this antic!; 
pation upon the more desirable class of settlers, who 
naturally prefer a country under fixed and permanent 
forms of government to one in a state of transition. 

Having thus adverted to some of the causes of our 
present evils, we would consider how far the remedies 
ordinarily proposed possess sound and rational induce¬ 
ments to justify their adoption : 

1. —“The revival of protection in the markets of the 
United Kingdom.” 

This, if attainable in a sufficient degree, and guaran¬ 
teed unalterable for a long period of years, would ame¬ 
liorate the condition of many of our chief interests, 
but the policy of the empire forbids the anticipation. 
Besides, it would be but a partial and temporary reme¬ 
dy. The millions of the Mother Country demand cheap 
food; and a second change from protection to free trade 
would complete that ruin which the first has done much 
to achieve. 

2. —“The protection of home manufacture ” 

Although this might encourage the growth of a 

manufacturing interest in Canada, yet, without access 
to the United states market, there would not be a suf¬ 
ficient expansion of that interest, for the want of con¬ 
sumers, to work any result that could be admitted as a 
“remedy” for the numerous evils of which we com¬ 
plain. 

3. —“A federal union of the British American Prov 
inces.” 

The advantages claimed for that arrangement are free 
trade between the different Provinces, and a dimin¬ 
ished governmental expenditure. The attainment of 
the latter object would be problematical,and the bene¬ 
fits anticipated from the former might be secured by 
legislation under our existing system. The markets 
of the Sister Provinces would not benefit our trade in 
timber, for they have a surplus of that article in their 
own forests; and their demand for agricultural products 
would be too limited to absorb our means of supply. 
Nor could Canada expect any encouragement to her 
manufacturing industry from those quarters. The fed¬ 
eral union, therefore, would be no remedy. 

4—“The Independence of the British North Ameri¬ 
can Colonies as a Federal Republic.” 

The consolidation of its new institutions from ele¬ 
ments hitherto so discordant—the formation of treaties 
with foreign powers—the acquirement of a name and 
character among the nations—would, we fear, prove an 
over-match for the strength of the new Republic. And. 
having regard to the powerful confederacy of States 
conterminous with itself, the needful military defences 
would be too costly to render independence a boon, 






THE NEW CONSTITUTION 


307 


whilst it would not, any more than a federal union, re¬ 
move those obstacles which retard our material pros¬ 
perity. 

5—“Reciprocal free trade with the United States, 
as respects the products of the farm, the forestand the 
mine.” 

If obtained, this would yield but an instalment of the 
many advantages which might be otherwise secured. 
The free interchange of such products would not intro¬ 
duce manufactures to our country. It would not give 
us the North American Continent for our market. It 
would neither so amend our institutions as to confer 
stability or insure cofidence in their permanence; nor 
would it allay the violence of parties, or, in the slightest 
degree, remedy many of our prominent evils. 

fi—Of all the remedies that have been suggested for 
the acknowledged and insufferable ills with which our 
country is afflicted, there remains but one to be consid¬ 
ered. It propounds a sweeping and important change 
in our political and social condition, involving conside¬ 
rations which demand our most serious examination. 
Th is final remedy consists in a “friendly and peaceful 
separation from British connexion, and a Union upon 
equitable terms with the great North American Con¬ 
federacy of Sovereign States. 

We would premise that towards Great Britain we 
entertain none other than sentiments of kindness and 
respect. Without her consent we consider separation 
as neither practicable nor desirable. But the Colonial 
policy of the Parent State, the avowals of her leading 
statesmen, the public sentiments of the Empire,present 
unmistakable and significant indications of the appre¬ 
ciation of Colonial connection., That it is the resolve 
of England to invest us with the attributes and compel 
us to assume the burdens of independence, is no longer 
problematical. The threatened withdrawal of hertroops 
from other colonies—the continuance of her military 
protection to ourselves, only on the condition that we 
shall defray the attendant expenditure, betoken the in¬ 
tentions towards our country, against which, it is weak¬ 
ness in us not to provide. An overruling conviction, 
then, of its necessity, and a high sense of the duty we 
owe to our country, a duty which we can neither dis¬ 
regard nor postpone, impel us to entertain the idea of 
separation; and whatever negotiations may eventuate 
with Great Britain, grealful liberality on the part of Can¬ 
ada should mark every proceeding. 

The proposed union would render Canada a field for 
American capital, into which it would enter as freely 
for the prosecution of public works and private enter¬ 
prise, as into any of the present States It would equal¬ 
ize the value of real estate upon both sides of the boun¬ 
dary, thereby probably doubling at once the entire 
present value of property in Canada, whilst, by giving 
stability to our institutions, and introducing; prosperity, 
it would raise our public, corporate and private credit. 
It would increase our commerce, both with the United 
States and foreign countries, whilst it would not ne¬ 
cessarily diminish to any great extent our intercourse 
with Great Britain, into which our products would, for 
the most part, enter on the same terms as at present. 
It would render our rivers and canals the highway for 
tiie immigration to, and exports from the West, to the 
incalculable benefit of our country. It would also in¬ 
troduce manufactures into Canada as rapidly as they 
have been introduced into the Northern States; and to 
Lower Canada especially, where water privileges and 
labor are abundant and cheap, it would attract manu¬ 
facturing capital, enhancing the value of property and 
agricultural produce, and giving remunerative employ¬ 
ment to what is at present a comparatively non-produ¬ 
cing population. Nor would the United States merely 
furnish the capital for our manufactures. They would 
also supply for them the most extensive market in the 


world, without the intervention of a Custom House Of¬ 
ficer. Railways would forthwith be constructed by 
American capital as feeders to all the great lines now 
approaching our frontiers; and railway enterprise in 
general would doubtless be as active and prosperous 
among us as among our neighbors. The value of our 
agricultural produce would be raised at once to a par 
with the United States, whilst agricultural implements 
and many of the necessaries of life, such as tea, coffee 
and sugar, would be greatly reduced in price. 

The value of our timber would also be greatly en¬ 
hanced by tree access to the American market, where 
it bears a high price, but it is subject to an onerous du¬ 
ty. At the same time, there is every reason to believe 
that our ship builders, as well at Quebec as on the great 
Lakes, would find an unlimited market in all the ports 
of the American continent. Tt cannot be doubted but 
that the shipping trade of the United States must great¬ 
ly increase. It is equally manifest that, with them,the 
principal material in the construction of ships is rapid¬ 
ly diminishing, while we possess vast territories, cov¬ 
ered with timber of excellent quality, which would be 
equally available as it is r.ow, since under the free trade 
system our vessels would sell as well in England, after 
annexation, as before. 

The simple and economical State Government, in 
which direct responsibility to the people is a distin¬ 
guishing feature, would be substituted for a system at 
once cumbrous and expensive. 

i In place of war and the alarms of war with a neigh¬ 
bor, there would be peace and amity between this 
country and the United States. Disagreements be¬ 
tween the United States and her chief, il not only rival 
among nations, would not make the soil of Canada the 
sanguinary arena for their disputes, as uuder our exist¬ 
ing relations must necessarily be the case. That such 
is the unenviable condition of our state of dependence 
upon Great Britain, is known to the whole world, and 
how far it may conduce to keep prudent capitalists 
from making investments in the country, or wealthy 
settlers from selecting a fore-deemed battlefield lor the 
home of themselves and their children, it needs no rea¬ 
soning on our part to elucidate. 

But other advantages than those having a bearing on 
our material interests may be foretold. It would 
change the ground of political contest between races 
and parties, allay and obliterate those irritations and 
conflicts of rancor and recrimination which have hith¬ 
erto disfigured our social fabric. Already in anticipa¬ 
tion, has its harmonious influence been felt—the har¬ 
binger, may it be hoped, of a lasting oblivian on 'dis¬ 
sensions among all classes, breeds and parties in son 
country. Changing a subordinate for an independthe 
condition, we would take our station among the natient 
of the earth. 

We have, now, no voice in the affairs of the Empire, 
nor do we share in its honors or emoluments. Eng¬ 
land is our Parent State, with whom we have no 
equality, but towards whom we stand in the simple re¬ 
lationship of obedience. But as citizens of the United 
Stales the public service of the nation would be open 
to us,—a field for high and honorable distinction, on 
which we and our posterity might enter on terms of 
perfect equality. 

Nor would the amicable separation of Canada from 
Great Britain be fraught with advantages to us alone. 
The relief of the Parent State from the large expendi¬ 
ture now incurred in the military occupation of the 
country,—the removal of the many causes of collission 
with the United States, which result from the conti¬ 
guity of mutal territories so extensive,—the benefit of 
the larger market with the increasing prosperity of 
Canada would create, are considerations which, in the 










THE 


NEW CONSTITUTION. 


minds of many of her ablest statesmen, render nur in¬ 
corporation with the United States adesirabie consum¬ 
mation 


* Judicial Reform. 

We invite special attention to the report below, from 


To the United States also the annexation of Canada j ie P en Polk, of Hardeman, to the Legislature 

presents many important inducements. The with- of Tennessee, in favor of giving to the people of that 
drawal of so powerful a nation from their borders, by 8t . )t e, the election of Inferior Judges and Attorneys 
whom in time of war the immense and growing corn-J p , J 

merce of the lakes would be jeopardized—the ability to I c nP!a ' 

dispense with the cosily but ineffectual revenue estab- j “The Committee cn the Judiciary, to whom was re- 
lishment over a frontier of many hundred miles—the , ferred Resolution No. 21, proposing amendments to the 
large accession to their income from our Customs—j Constitution of the State, so as to throw the election 
the unrestricted use of the St. Lawrence, the natural of Inferior Judges and Attorneys General before the 
highway from the Westere Staten to the ocean, are ob j people, have had the same under consideration and beg 
jects for the attainment of which the most substantial leave to report that they recommend that she saiuResolu- 
equivalents would undoubtly be conceded. [ tion do pass. 

Fjei.low-Colonists, | The Committee can see no bar to the passage of the 

We have thus laid before you our views and convic- i Resolution, from the fact that a Resolution passed the 
tions on a momentum question—involving a change, last Legislature of Tennessee on the 4th February, 1^48 
which, though contemplated by many of use with va-! proposing an amendment to the Constitution so as to 
ried feelings and emotions, we all believe toj be inevita- ! admit, new counties with less territory than that fixed 


ble;—one which it is now our duty to provide for, and 
lawfully to promote. 

We have addressed you without prejudice or partiali¬ 
ty,—in the spirit of sincerity and truth—in the interest 
solely of our common country,—and our single aim is 
its safety and welfare. If to your judgment and reasons 
our object and aim at this time is deemed laudable and 
right, we are an oblivion of past dissensions, and from 
all, without of origin, party or creed, that earnest and 
cordial co-operation in such lawful, prudent and judi¬ 
cious means, as may best conduct us to our common 
destiny. 

Tlie Gold limiters in California. 

Among the items of news by the late arrivals from 
California we find the following: 

“15,003 men are working in Sacramento, and- it is 
estimated that within the year ending next January, 
they will have obtained little I than twenty millions 
of dollars. The San Joaquin divides with Sacramento 
the gold seekefs. The quantity of gold there is appar¬ 
ently as large as ever, though the soil is wrought and 
re-wrought. In Stanislaus the largest lumps vary from 
half an ounce to fifteen pounds. Thousands arc wait- ! 
ibfif the low water to work on the bars of this wealthy 
river. The dry digg.ng creeks yield thousands of oun¬ 
ces. These diggings a e nearly deserted for luck of 
water to wash gold. The Sacramento yields ten to 
fifteen ounces per day to indu trious laborers. The 


hv the constitution. The 3d section of the 11th article 
of the constitution provides the mode of the amend ¬ 
ment of that instrument. The amendment must be 
proposed and pass the Legislature by a majority—at the 
succeeding Legislature, end after publication, it must 
pass by a majority of two-thirds, and then be submitted 
to the people, and if a majority of the voters vote for 
the amendment, if. is adopted, and the constitution is 
amended. The same section further provides that the 
“Legislature shall not. propose amendments to the con¬ 
stitution oftener than once in six years.” It is clear 
that the proposition contemplated in this clause, means 
a proposition from the Legislature to the people; that 
it is not a proposition by the Legislature until it goes 
to the people. It does no! mean that the mere enter¬ 
taining a proposition in the Legislature shall bar all 
other proposed amendments for six years. If that were 
the case, all amendments to tho consiitution might be 
forever barred by frivolous resolutions to amend, made 
designedly. 

There, then being no constitutional barrier,the Com¬ 
mittee would urge the passage of the Resolution upon 
the strongest ground of expediency. We 


cpeuiency. w e are aware 
that any effort to changtfone Judicial system must com¬ 
bat. prejudices of the strongest character. Precedent 
and established usage in every thing connected with the 
law, exercise a powerful influence on the public mind: 
and experience teaches us that <he human mind is slow¬ 
er in adopting an enlightened policy of Judicial reform 
, I,,, „ i and m throwing off the shackles of established nrere- 

bar near where the gold vratfirst.discovered, which was dent, (ban in any other work of improvement which 
overlooked, has been wrought with great success, three ' has mark ed the gradual stage of human progress, 
men having averaged about two hundred dollars cku-1 Legfll forms and proceedings which existed centuries 
»y- I ago, and were suited to the day, still exist; and though 

All accounts concur in the opinion that the gold is the reason has ceased, the law yet remains, 
inexhaustable, and a New York Dapers sivs that hone I adopting the Common Law of the mother country 

ofthe passengers arrive at that ‘city from California w ® a J 8 '°“ dop,e f ? lhe ;! sa ?" of appointing Judicial offi- 
‘ % , , , „ a cers by Executive authority. Rut the state of things 

wuh less ilian i:om three to ten tiiousand dollars, among ; is entirely different here. There it is the policy ofthe 

j government to be as little responsible to the people as 
j possible, and the very fact of the people beings® much 
I restricted intheir political privileges, incapacitates them 
j in a great degree from being the repositories of such an 
important power. But'hc-re, there is a more diffused 
intelligence—the'masses are more enlightened—enlight- 
fened by the influence that free institutions always 
gives to the human intellect—they are the repositories 
of all political power, and are aware that upon the use 
of that power depends their own weal or woe. THky 
are accustomed to grave responsibilities, and that ena¬ 
bles them to meet responsibilities successfully. 

If the people are competent to elect their Presidents 
who hold in their hands such vast power and important 
interests; if they are competent to elect their Govern- 


them are several volunteers that went out in Col Ste¬ 
venson’s company during the war with Mexico 


ICFMr. Kexdali,, the Paris correspondent of the N 
0. Picayune, in a late letter says. 

A friend of mine who has spent the last three months 
iu Switzerland, and who has travelled all over it, tells 
me that it is notorious that Austrian, Prussian and 
even Russian topographical engineers, in disguise an.d 
prowling about with false passports or under assumed 
names, have been making of late through surveys of all 
the cantons. This says much for—gives us proof 
strong enough of the intensions of the great despotic 
powers. 














THE NEW CONSTITUTION. 


399 


ors, Congressmen and Legislators, surely they are com¬ 
petent to elect their Judges and Attorneys General. 

It is believed that the present is the worst possible 
mode of electing those- officers. The electing body is 
small, and there is great inducement for combinations 
and influence to operate, and that, too, with the best 
intentions—frequently at war with what should be the 
true test in such elections—the merit and qualifications 
of the aspirant. 

Besides this, from the marked geographical divisions 
of our State and the few facilities of intercourse, it is 
impossible for members from one division of the State 
to know as much of the qualifications of the candidates 
for these stations, who reside in another division as 
well as the people among whom they reside, and in the 
hurry of tho elections and amidst business of impor¬ 
tance frequently vote at perfect random. Merit then 
is not always rewarded, and many men who have toiled 
and struggled to some eminence in the rugged path to 
legal distinction, frequently find in their canvass be¬ 
fore the Legislature, their talents unrewarded and that 
they must bear the “spurns which patient merit of the 
unworthy takes.” 

But it is objected that you degrade the dignity of the 
Bench by throwing these elections before the people, 
and subjecting the candidates to the exciting influence 
oi a partizan contest. We have no fear of the purity of 
the ermine being contaminated by popular contact. 

The minds of the people would bo turned to those per¬ 
sons best qualified to fill tiiose stations, and party influ¬ 
ences or ties which so often bind in adamantine chains 
the minds of men, would become to be disregarded in a 
great degree where the dearest interests of the people 
would be involved. Abuses there would doubtless be 
at first. They exist where all new systems are adop¬ 
ted and old ones ovei thrown; but these abuses would 
soon give way to a just public sentiment. A well regu¬ 
lated public opinion always rises in this country with 
tile necessity for it. Wouhl it be a party contest before | 

tho people? We believe not so much so as a contest j or Christian character. 

before tho Legislature. It is clear that in small elec-1 r . , , . , , . . f , c . , , 

.. , . , , . safe y tolerated, as long us reason is left free to combat 

ting boot . = , party, lines are more apt to be drawn than \ } > & 

where tlie t! •cling bodies are more numerous. Kori u ” Our form or government gives to all, the enjov- 
caif it I- urged that the decisions of tho Bench would 1 ment of religious liberty, and the Jew, the. Mahome- 
b i infliune d by con adorations of in interesting charac- ; ,j iin and the Mormon, have the same political rights as 
ter or personal friendships. Ail members of the Bench . . . 

now have th'dr personal and polilipal friendships, and if ,K tris lan. 

such con. id rations would operate in tho one case they , The Mormons of Town, voted the whig ticket to a 
would in tin; other. Nor can it he urged that elections j man. As well might the democrats object to their au- 
wiil be too frequent, for it is believed that in those 
States where elections are annual, less excitement pre-! 

vails than where they occur biennially. Their very as for the Commercial to raise its objections because l.ie 


we behold in the old world the cause of liberty fallen 
beneath the arm of despotism, and arbitrary govern¬ 
ments wresting from the people the free privileges 
which an advancing state of civilization had taught them 
to assume, to turn to our own land and see that we are 
extending the privileges of the masses, and peacefully 
widening the foundations of popular power. 

The committee entertaining the views here expres¬ 
sed do urgently recommend the adoption of the pro¬ 
posed amendments to the'Constitution. 

E. POLK, Chairman. 

Making Religion an objection to the admis¬ 
sion of a State. 

The New York Commercial, in speaking of the ad¬ 
mission of the proposed State of Deseret into the Union, 
makes ail objection that its inhabitants being Mormons, 
are not Christians! If we are to make a State of the 
“Deseret,” it would like to know, ifa body, say of fifty 
thousand Turks should trans-port themselves to our 
country, and make a settlement on some portion of its 
waste territory, they could, still professing Mahome- 
danism, organize for themselves a State government, 
and claim and receive admission to the Union as citi¬ 
zens of a new State? Or could a like course be adopt¬ 
ed by a community of Chinese or Japanese, being 
idolaters? Another question of a like character is 
put— 

“Can we have a State in the Union whose citizens 
are avowedly Mahomedans or idolaters, adhering to 
the Mahometan or idolatrous form of doctrine and 
worship? Ami if this question should be answered in 
the negative, how stands the case with regard to a 
comm unity of Mormons, who certainly cannot well be 
called Christians?” 

iucii objections show but little of tile Republican 
“Error of opinion may ‘be 


ry 

frequency has a tendency to dull the excitement. 

'Pile elections of these officers by the people would be 
more in unison with car system of government.—The 
framers of that system launched it forth to bullet the 
waves of deep rooted prejudices and long established 
theories, with no guide but the moral and intellectual 
capacity of the people to steer it through a troubled 
sea. Tho result has proved their wisdom, and the fact 
that power entrusted to the hands of an intelligent peo¬ 
ple will be used for the best interests of the country. 

Other States are taking the lead in the cause of judicial 
reform. Mississippi has adopted the system with en¬ 
tire success. The great State of New York elects all 
judicial officers by popular suffrage. Pennsylvania at 
the last session ol her legislature commenced the altera¬ 
tion of her Constitution for that purpose—a similar pro¬ 
vision with regard to its alteration prevailing there that 
we have hare- Other States are moving on this subject, 
and we hope that ere long Tennessee will take her 
stand among the foremost in the work of judicial re- | forty-five 
form. And it is certainly a gratifying spectacle when I vention. 


Mormon faith teaches those who hold its doctrines, to 
worship in a form different from the majority. Curry 
out the doctrine of the Commercial, and the next step 
will he, to proscribe all Christians, who do not believe 
in religious matters as do the most numerous sect. 

If there be no other objection to the admission of the 
“State of Deseret” than that of the religious belief of its 
inhabitants, let it be admitted as soon as possible, anu 
the gleaming of its star, on our national flag, will give 
evidence of the sincerity of our declaration that all 
men have a right to worship God according to the dic¬ 
tates of conscience without being denied any political 
privileges therefor. 

New Constitution.— The majority in favor of a 
Convention in this county is eighteen hundred and 
There was but niuety votes against a con- 
[St’.neca Advertiser. 









(00 


THE NEW CONSTITUTION. 


Senators ami Representatives Elected. 
Below we give a list of the Senators and Represen¬ 
tatives elected, noting in each case, the polilicalchanges 
from last year. 

Senators Elected last year. 

Champaign, Clark and Madison —Henry Vinal, whig. 
Franklin and Delaware —Win. Dennison, jr., whig. 
Hamilton —John H. Dabbs, Democrat. 

Holmes and Knox —Asa G. Dimmock, Democrat. 
Huron and Erie —Samuel G. Worcester, whig. 
Jefferson and Harrison —Pinkney Lewis, whig. 
Licking —Samuel Patterson, Democrat. 

Medina and Lorain— -H. G. Blake, whig. 

Miami, Darke and Shelby —Jacob S. Conklin, whig. 
Montgomery and Preble ---George D. Hendricks,whig. 
Perry, Fairfield and Hocking —Henry C. Whitman, 
Dem. 

Portage and Summit —Lucian Swift, Dem. 

Seneca, Hancpck and Wyandotte —Joel W. Wilson, 
Dem. 

Starke —John Graham, Democrat. 

Trumbull and Geaugo —John F. Beaver, whig. 

Wood, Lucas, Henry, Ottowa and Sandusky —James 
Myers, Dem. 

Wayne and Ashland —Andrew H. Byers, Dem. 

Senators Elected this year. 

Athens, Gallia Meigs and Jackson. —Horace S. Hor¬ 
ton, whig. 

Adams, Pike, Scioto and Lawrence —William Salters, 
whig. 

Ashtabula and Lake —Brewster Randall, free soil. 
Allen, Mercer, Auglaize, Van Wert, Paulding, Defi¬ 
ance and Williams —James Cunningham, dem. 

Butler —Valentine Chase, dem. (to fill vacanc.) 
Belmont and. Monroe —William P. Simpson dem. 
Clermont and. Brown —William Howard, dem. 
Cuyahoga —H. B. Payne, democratic gain. 

Columbiana —Fisher A. Blocksom, dem. 

Carrol and Tuscarawas. —E. K. Eckley, whig. 
Guernsey and Coshocton —Andrew Ferguson, dem. 
Hamilton —William F. Johnson, dem. 

Highland and Fayette —Ruel Beesom, whig gain. 
Logan, Hardin, $$c —Wm. Lawrence, whig- 
Muskingum —C. C. Converse, whig. 

Morgan and Washington —G. W. Barker, whig. 
Pickaway and Ross —C. N. Olds, whig. 

Ricldand and Crawford —Burnabus Burns, dem. 
Warren, Greene and Clinton —Aaron Harlan, whig 
Representatives. 

Adams and Pike -Taylor, dem. 

Athens and Meigs —J. K. Will, whig. 

Ashtabula ana Lake —Henry Krum and Charles W. j 
Ensign, free soilers. 

Belmont —John A. Weir, Jemocrat. 

Belmont and Guernsey —Hugh McNeeley, whig. 
Butler —M, F. Minster, democrat. 

Brown —E. B. Fee, democrat. 

Carroll and Tuscarawas —John Manful and T. L. 
Frazer, whigs. 

Coshocton —James M. Burt, dem. 

Clinton — John F Patton, free soil. 

Clermont —Dennis Smith, dem. 

Columbiana —John M. Gilman, democrat. 

Champaign. Clark and Madison —John D. Burnett. 

• and Henry W. Smith, whigs. 

Cuyahoga —John Gill, dem. gain. 

Delaware —J. R. Hubbell, whig. 

Delware and Franklin —Elijah Carney. 

Darke and Shelby —George Ward, whig gain. 
Fairfield —Daniel Keller, dem. 

Fairfield, Perry Hocking —N. B. Colburn, dern. 

Franklin —James Dalzell, dem. 


Greene —W. B. Fairchild, whig. 

Guernsey —Matthew Gaston,oem. 

Gallia, Jackson, Athens and Meigs —A. T. Holcomb, 
hig. 

I Jackson <$- Gallia. — J W Ross, dem. gain. 

Hancock and Wyandotte —Machias C. Whiteley.dem. 
Hocking, and Perry —David Dresbach, dem. 

Hamilton —George E. Pugh, H. Roedter, Alexander 
Long, A. J. Pruden, John Rennet, Democrats. 
Highland Sf Fayette —J. T. Pugsley, whig. 

Holmes and Knox —Wm. Given and Ezekiel Boggs 
Democrats. 

Harrison—- John Hammond, whig. 

Huron and Eric —H. Chase, whig. 

Jefferson —James Russell, dem. gain. 

Lorain —Joseph L. Whiton, dem.gain. 

Licking —Noah Reed, independent whig gain. 

Lucas and Henry —Morrison Waite, whig gain. 
Lawrence and Scioto —James Rogers, whig. 

Logan and Hardin —Samuel Watt, whig. 

Marion and Union —J. S. Copeland, whig. 

Mercer, Allen and Auglaize —Henry Lipps, dem. 
Montgomery —John Furnas, whig. 

Monroe —William Johnston, dem. 

Mahoning —David Houston, dem 
Montgomery and Preble —Richard Green, whig. 
Miami. —Worley (Free Soil,) whig loss. 

Morgan —David Ball, whig gain. 

Muskingum —Edward Bail, whig. 

Medina —Philip Thompson. Democrat. 

Preble —Joseph S. Hawkins, whig. 

Pickaway and Ross —Samuel Lutz, and Milton L. 
Clark, whigs. 

Portage —George Sheldon. Democrat. 

Starke —Benjamin F. Leiter, dem. 

Seneca —John G. Breslin,dem. 

Summit —Harvey B. Spellman, dem. gain. 

Sandusky, Wood arid Ottawa —Eber Wilson, Dem. 
gain. 

Richland <Sf Crawford —Samuel Myers and Miller 
Moody, democrats. 

Trumbull and Geauga —Albert G. Riddle, John 
Hutchins, free soilers. 

Van Wert, Putnam, Williams, Defiance and ,Paul¬ 
ding —Sydney S. Sprague, dem. 

Wayne and Ashland —Abraham Franks and George 
W. Bull.dem. 

Washington —Seth Woodford, whig. 

Warren —John A Dodds, whig. 

California Gold at the Mint. 

The deposits of California gold this year, to the end 
of September, were as follows: 

At the mint in Philadelphia, $2,397,264 46 

do in New Orleans, 260,561 42 


Total of this year, $2,657,825 88 

Add deposits of 1848, 44,177 00 


Total deposits of California gold, $2,702,002 88 

O’Back No’s of this paper can be furnished to all 
persons subscribing soon for ‘The New Constitution.” 


THE NEW CONSTITUTION. 

BY S. MEBARY. 

TERMS.—Single copy, for six months, $1 00 

Seven copies, “ “ “ 5 00 

Fifteen “ “ *• “ 10 00 

(CTA11 Post Masters are authorized to receive subs- 
scription, and act as agents generally. Money always 
in advance. 



















THE NE¥ CONSTITUTION. 


“POWER IS ALWAYS STEALING FROM THE MANY TO THE FEW.” 

Vol. I. Columbus, Ohio, Saturd ly, November 17,1849. No. 2(3 


The end of the Volume—To the Friends of 
Constitutional Reform. 

The present No. of The New Constitution closes the 
volume, and in taking a farewell of our readers, we 
may be permitted to congratulate them on the glorious 
prospect which has opened for our beautiful state, by 
the decision of the people, at the late election, in giv¬ 
ing an overwhelming majority in favor of a Conven¬ 
tion to form a new Constitution. 

When first we commenced our publication, it was 
with a firm and settled belief that the measure was ne¬ 
cessary for the interest, the honor, and well being of 
Ohio. The present Constitution is defective—it was 
made for a state, most of which had not been visited 
by the axe of the hardy pioneer, and not for a state 
teeming with a large and enterprising population.— 
During the canvass, every means, except that of fair 
and open discussion was used to defeat the measure, 
but those efforts failed. 

The battle is not yet ended—the friends of Constitu¬ 
tional Reform have yet atask to perform, if they would 
reap the advantages which a change of the Constitu¬ 
tion offers to the state. 

Those who opposed the Convention are untiring in 
their efforts still to defeat a new Constitution. They 
will seek the suffrages of the people, as Delegates to 
the Convention, and while professing to aid in the 
formation of a new Constitution, they will support 
such measures, as, if engrafted on the Constitution, 
will ensure its defeat by the people when they are call¬ 
ed upon, by their votes to accept or reject it, and from 
this, the friends of Constitutional reform have much to 
fear. The remedy however is in the hands of the peo¬ 
ple. Elect no man as a Delegate, no matter to what 
party he may belong, unless he showed himself, by his 
actions, the friend of a new Constitution, before the 
measure was decided by the people. If this be done, 
then the Convention will be filled with men, anxious to 
prepare and perfect a Constitution in accordance with 
the wishes of the people, which will be approved of by 
their votes. In this mode, the danger we have sug¬ 
gested, can be guarded against, and we trust that those 
who voted, spoke and wrote in favor of a new Consti¬ 
tution will not allow themselves to be tricked into 
placing the power of the Convention in the hands of 
those whose actions showed them to be opposed to any 

change. . , , 

A diversity of opinion exists, as to the time when 

the Convention to form a new Constitution, should be 


called, and the election of Delegates be held. The 
Constitution prescribes that the meeting of the Con¬ 
vention shall be held within three months after the Del¬ 
egates are elected. 

Many and sincere friends of a new Constitution, ad¬ 
vocate the election of Delegates, on the first Monday 
in April—the day of the spring elections—so that the 
Convention should meet in May or June and submit 
the new Constitution at the next October election. 

Against this is urged the argument, that the spring 
elections are not wellattended, except in the villages,— 
that farmers at that season are busy, and that a full 
vote could not be had, and hence the greater danger of 
men opposed to a new Constitution, being returned as 
Delegates. Besides this objection, the meeting of the 
Convention during the summer, when Farmers are bu¬ 
siest—when Courts are in session and when the Me¬ 
chanic has the most work to perform, would deprive 
the Convention of the aid of much talent, by the refu¬ 
sal of men, on account of their private business, to be 
candidates. 

Another plan is to elect the Delegates at the October 
election, and let the Convention meet in November 
following, and submit the Constitution at the next 
spring election, to the people for adoption or rejection. 
Against this plan it is urged, that, incase the Conven¬ 
tion should find it necessary to hold its session longer 
than one month, thatit would have to procure another 
building beside the state House, for that would be oc¬ 
cupied by the Legislature—that it would be inconveni¬ 
ent to have the Convention and the Legislature both in 
session at the same time, and that from December, or 
January, until the first Monday of April would be too. 
short a time for the people to read, digest and give the 
new Constitution that careful attention, in order to ar¬ 
rive at a correct conclusion whether it should be ac¬ 
cepted or rejected, that its importance demands. 

In regard to the objection against meeting in Nov¬ 
ember, we have also heard it suggested that the Legis¬ 
lature this winter could provide for its next meeting in 
January, instead of on the first Monday in December, 
so as to give the Convention two months, instead of 
one, in which to finish up its work, and if the time be¬ 
tween the closing of the labors of the Convention and 
the annual spring election, be deemed too short, the 
new Constitution could be submitted to the people at 
the October election 1851. 

Against this plan, is the objection that it would put 

















THE NEW CONSTITUTION. 


■m 


off the first election of the state officers by the people, 
until the October election in 1852. 

A third proposition is for the approaching session of 
the Legislature to pass a law requiring the next and 
last Legislature under the old Constitution to meet on 
the 1st Monday of November 1850, and do up their 
work previous to the 1st of January following, adjourn 
and let the Convention take possession of the State 
House ; that time being within the three months after 
the election. 

The object of our publication from the firsthas been 
more to embody public sentiment, than to attempt to 
forestall it, and we have, in as brief space as possible, here 
given the arguments pro and con, on this subject, to the 
end, that our readers may weigh them well, and em¬ 
body their opinion in the form of suggestion to their 
representatives in the General Assembly. 

A portion of the amendments, to be engrafted in the 
new law which is to govern Ohio, seems to have been 
well settled during the canvass. Among these, as first 
in importance and first for the future well being of the 
state, is the prohibition of the Legislature increasing 
the state debt, unless the increase be first assented to, 
by a direct vote of the people. This will put an effect¬ 
ual stop to the wild career of reckless extravagance, 
which has run up the state debt of Ohio to, in round 
numbers, twenty million of dollars, and the payment 
of the interest on which has so greatly increased the 
burthens of the Tax payers. 

Another principle is, the election of all state officers, 
including Auditor, Treasurer, and Secretary of State— 
Judges and Clerks of the Court—members of the 
Board of Public Works, &,c. by the people. Judicial 
Reform, also seems to be demanded by the people of all 
parties, but the details, seem not to be so well settled. 
A communication in to-days paper on this subject, 
from the pen of one, who has bestowed much thought 
on the subject, and from the ability of the writer will 
command attention. 

The taking from the Legislature much of its power 
to legislate for counties and townships and the vesting 
of it in the Board of County Commissioners or town¬ 
ship Trustees, in cases of laying out roads, &c. seems 
to be popular with all parties. 

The granting of local acts of incorporation, by the 
Legislature, it is thought by many can be dispensed 
with, and the power, under a well defined general law, 
be vested in the Courts or with some other power, so 
as, by that means, to rid the law making power of 
much of its local legislation, and, except in extreme 
cases, to confine its duties to the enactment or alteration 
of general laws, and thus to shorten its session and to 
curtail its annual expenses. 

The school system of the state, has also excited its 
share of attention, and Constitutional aid is invoked to 
place it on a firm footing, where the funds can be used 
and used alone, for the great purpose of giving to all 
he children of the state, a good common school educa¬ 


tion. Among the reforms named, is the creation of the 
office of Superintendent. 

The subject of Banking, too, has been discussed, and 
many there are, who wish to cut off the monopoly por¬ 
tion of the system, by a Constitutional clause in favor 
of free Banking,—while others prefer to let the present 
system exist, without any change—wnile others favor 
the plan of prohibiting the Legislature from chartering 
any Banks of circulation whatever—or the most that 
they will be willing to yield, will be to have every prop¬ 
osition for a Banking system passed by the Legislature 
first submitted to the whole people of the state for 
their sanction or rejection. 

These and other propositions will all come before the 
Convention and it would be well for the Delegates to be 
informed of the wishes of their constituents, by a dis¬ 
cussion. If the Convention should not meet until fall, 
it is not improbable that we may again during the sum¬ 
mer, issue a prospectus for a new volume of our paper, 
to be engaged in the discussion of these, and all other 
questions of importance,which will engage theattentiou 
of the Convention when it meets. 

A body of men, chosen as the Delegates will be, from 
the people, with the lights before them, drawn out by 
the canvass, can in a short time, we hesitate not to 
say, present for the acceptance of the people of Ohio, 
the best constitution of any state in the union. We 
have the talent in the state to do it, and in addition we 
have theexperience of the different Conventions which 
have met in other states, to remodel their fundamental 
law, and to secure this great boon to the people, noth¬ 
ing is wanting but the selection of men, who honestly 
favor a new Constitution, and who are anxious for the 

well being of the people, the glory and the welfare of 
the state. 

In taking leave of the readers of “The New Consti¬ 
tution,” we cannot forbear our congratulations on the 
glorious majority of the people in favor of a new Con¬ 
stitution for Ohio. It is overwhelmingly large, and if 
ourself and our publication, the only one in the state 
devoted to that object, aided in strengthening the wa¬ 
vering, or urging on the timid to the good work, we 
are more than compensated in the glorious prospect 
opening for the state, and the people, to be secured by 
these efforts in behalf of a New Constitution. 

Constitutional Reform tu Michigan. 

At the late election in Michigan, two proposition in 
relation to Constitutional Reform were presented to 
the people for acceptance or rejection: the first, to pro¬ 
vide for the election of Judges, State officers, and Pro¬ 
secuting Attorneys by the people, and the other to call 
a Convention for the purpose of remodeling the State 
Constitution, both of which were adopted by au almost 
unanimous vote. 

(CT One of the most noted gamblers in San 
Francisco is said to be a Spanish woman. She has 
been known to put up twenty-five pounds of eohl 
dust at one stake. 6 
















THE NEW CO INSTITUTION 


403 


Kcutudiy State Convention. 

[From the Commonwealth. 
SPEECH OF MR. R. N. WICKLIFFE, 
Delivered in Convention on Friday, October 19 , on the 
question of giving to a majority of the Legislature the 
power to remove the Judges of Courts, instead of vest¬ 
ing that power in two-tiiirds 0/ that body. 

I have been listening during the whole sitting of this 
convention, and I have derived much more gratification 
thereby, than I expect to impart by speaking any crude 
notions of my own. The committee on the court of 
appeals have submitted their report proposing some 
very serious innovations upon our present judiciary 
system. They propose to elect the judges, to fix their 
term of office at eight years, and to make them respon¬ 
sible to at least two-thirds of the legislature. The 
gentleman from Nelson in his amendment now under 
consideration, proposes to make them responsible not 
to two-thirds of both branches of the legislature, but 
to a majority of both branches. I shall vote for that 
amendment, and I shall vote also for the proposition of 
the committee to elect the judges. As a part of the 
means to secure that responsibility of the judge here¬ 
tofore needed, the committee propose to elect him for 
the limited term of eight years. For the purpose of se¬ 
curing a more immediate and practicable responsibility 
than that limited term of office of itself provides, the 
gentleman from Nelson has proposed his amendment, 
t shall vote with the committee to elect the judge, and 
with the gentleman from Nelson, to secure a more effi¬ 
cient and practical responsibility. In giving either or 
both of these votes it is possible that I shall differ from 
those who give me authority to vote at all in this con¬ 
vention. I was elected here, like some other gentle¬ 
men perhaps, upon another issue ; a question which 
at the time was thought to involve danger, fearful and 
threatening enough to obliterate all the ancient land¬ 
marks by which parties have been characterized. The 
subject to which I refer, has engaged the attention of 
the convention for the last ten days, and it is a ques¬ 
tion which I had thought was settled, eternally settled 
by the popular voice in a manner so decided as to leave 
no room for cavil. When it comes up again, I may 
desire to say something upon it—and I allude to it now 
only for the purpose of showing how it was I came 
here at all, and why is it that on these questions of an 
elective judiciary, and judicial responsibility, I maj 
differ from my fellow-citizens whose good opinion I so 
deeply regard. But whatever may be the effect of the 
vote I may give, I have this to console me—that I nev¬ 
er practised any concealment to secure their suffrages. 
I was guilty of no hyprocritical pretences to secure a 
seat on this floor. So far from that, day after day, 
during the canvass, it was imputed to me that my 
views on particular subjects, were of too radical and 
revolutionary a character, as I believe my friend from 
Boubou has designated them. If, therefore, I differ 
from the people of Fayette county, it will be a fait 
difference ol opinion between them and me, and pre¬ 
senting on my part no violation of pledged faith, no 
broken promises, or disregard of understood obligation. 
I say it is possible I may differ from them, but the ques¬ 
tion is one which has never been much discussed in 
that county. A few years ago, a man would have been 
laughed at, if he talked about electing a judge, or of 
securing that responsibility for the faithful discharge of 
his duties that is proposed by the gentleman from Nel¬ 
son. And at first blush we all shrink from the idea.— 
There is no principle more universal in the human 
breast, than that which induces us to shrink from any 
change that trenches on those systems of labor and 
habits of thought, to which we have been accustomed 


for years, and which are hallowed perhaps by the mem¬ 
ories of past days. But this is not the age, nor is this 
the people to be content with the argument that be¬ 
cause a thing has been, therefore it must be. 

It is a misfortune, or a fact whether it be a misfor¬ 
tune or not, that the profession of which I have the 
honor to be a member, learned as it is, honorable as it 
is, and ancient as it is, is always the very last to give 
up any antiquated theory or practice, connected with 
the judicial department of the government. Whenever 
it undergoes any reform, the duty has to be done by 
those outside the court house, and without the co-ope¬ 
ration of those who minister at the alter of justice.— 
Instead of our leading, as we are apt to do, in regard to 
all other great and salutary reforms, we have to follow 
in the wake of those who originated this great princi¬ 
ple, and to whom will belong all the honor, if it is suc¬ 
cessful. 

Now it is useless to allude to the causes which pro¬ 
duce this state of things. There are many of them, 
but perhaps the most obvious one is this : the very 
first book we read reveals to us some political notions 
that may be very well for the country we came from, 
but which is found to be utterly false when we come 
to apply them to the organization of government as it 
exists among us. We read in Blackstone about an in¬ 
dependent judiciary, and we have heard of it in this 
hall from all the distinguished gentlemen who have ad¬ 
dressed the committee. We read about an independent 
judiciary, and whenever an attempt is made to infuse 
an element of responsibility into that department of 
the government, like that proposed by the committee, 
or by the gentleman from Nelson, it is always met with 
the cry, you are violating that sacred principle so es¬ 
sential to the safety of the government, and the inde¬ 
pendence of the judiciary. The words “independence 
of the judiciary” have a meaning, a full meaning in 
England. There is not a page of British history lull 
as it is of renown, both civil and military, that give 
character and dignity to the race from which we sprang 
—brighter than that which records the struggles of the 
English judiciary in behalf of English liberty. The 
king formerly appointed his judges, for they were call¬ 
ed his judges—to hold their offices during his will and 
pleasure, and they were paid by him, and wererespon- 
sible to no body else. And now refer to the statute 
books of England and see the numberof crimes which 
the subject is capable of committing against his royal 
majesty, and you will not be surprised that the king 
was in constant struggle with his people. And who 
could doubt the result of such struggles where the 
king had only to point to the subject and nod to the j 

judge? What was the first great struggle for English j 

liberty ? It was to change the tenure by which the 
judge held office during the will of the king to the 
right of holding it during good behavior. That was the 

great struggle for English liberty. 

And it was not fully achieved until as late as the 
reign of William and Mary,after the revolution. But 
mark you now, the very men, and they were wise and 
great men, who made this change—that he should hold 
during good behavior—also fixed the responsibility of 
the judge not to the king but to the parliament where 
men speak their minds according to the definition ot the 
word and not to two thirds but to a majority, both 
houses concurring. That is what they did. . What 
did they do next ? When the king died, the. judges 
commission became vacant, and thus the officer was 
still made dependent on the crown. And when the 
new monarch ascended the throne, his power to re-ap¬ 
point the judges gave him a vast patronage, and enabled 
him to create on the part of the judge some feeling of 
obligation to the crown. It became then another strug¬ 
gle of English liberty to rectify that error, and that was 








404 


THE NfEW CONSTITUTION. 


not achieved I think until the time of George the 
Third. Then the act was passed continuing the judge 
in office ; notwithstanding the king should die ; and 
the independence of the Engliah judiciary was fully 
established. It was in this way that it became entitled 
to all the endearing recollections, with which we re¬ 
gard it at thisday. No page of British history—no pe¬ 
riod in all the English struggles for liberty—not even 
that when the barons forced king John at Runnymede 
to sign magna charta—not even all the wars against all 
the kingly prerogatives which ended in the revolution, 
and the decapitation of the king—none present an in¬ 
stance where the ancient spirit of old English liberty 
was more indomitably and triumphantly developed 
than in stripping the king of the power he had over the 
judiciary. No longer could he prosecute and punish 
in a court of his own contriving, and before a judge of 
his own appointment, either for cause or upon pretext, 
the subject he might think dangerous to the crown. 

Here ended the struggle of English liberty. It end¬ 
ed too soon, as we think in this country, and as I be¬ 
lieve it has always ended in England. When they 
forced king James to resign the crown, they simply 
submitted to the house of Hanover. When we reject¬ 
ed the authority of Gaorge the Third, we did not im¬ 
port a Dutch Ftadtholder to reign over us, but we went 
to work and formed a republican government in which 
we infused these elements of English liberty. But 
mark you, we commencedat the point where the strug¬ 
gle for English liberty had left this thing. They left 
the power of appointing the judge in the hands of the 
king, the executive branch of the government, to hold 
for good behavior, with responsibility to the parlia¬ 
ment. We copied in this particular from England, 
leaving the power of appointment in the hands of the 
executive, the judge to hold his office during good be¬ 
havior, with responsibility to the legislature. We. 
however, went even beyond the British parliament, and 
vested the responsibility in two-thirds of both branches 
of the legislature, instead of a majority. The amend¬ 
ment of the. gentleman from Nelson, as 1 understand it, 
seeks to restore the responsibility to the majoritv as it 
exists in the British parliament. Now it is proposed to 
take the power of appointment from the executive and 
to give it to the people—the judge to hold, not during 
good behavior, but for a limited term, and then to be 
responsible to the people in their representative capaci¬ 
ty. And I see every thing to justify the principle of 
making them responsible to a majority, and there is 
nothing whatever in what I have heard, that is not as 
fully applicable to the very principle of electing the 
judges. 

We have had a great deal of new light upon this mat¬ 
ter of progress in constitutional reform. It is a curious 
fact that the wise men who framed the federal consti¬ 
tution—pure as they were—coming as they did just 
from the very fires of the revolution—did not think 
that the people were competent to elect a president.— 
They looked to the past, to the turbulent, violent de¬ 
mocracies of ancient times, and that brought them to 
the melancholy conclusion that the people were unsafe 
depositories of power. Hence it was that they inter¬ 
posed the body of electors between the people and the 
candidate. What are they for ? It was intended to 
be a deliberative body, with power tochoose a president 
for the people, but in fact the. practice is otherwise.— 
They have become a ministerial body, to do simply 
what the people have called them to do. I am in favor 
of so amending the federal constitution as to dispense 
with all that machinery, for it is perfectly useless.— 
And there is some danger that after a whiie it may be 
perverted to harm; through the faithlessness of some 
man to the trust which the people have reposed in him. 


I have merely referred to this as showing you the ap¬ 
prehension entertained at one time as to the capacity 
of the people to elect their officers. Now, I believe 
there will not he much controversy as to the propriety 
of the people electing even their judicial officers.— 
And why is it proposed that the people shall elect 
them ? Was it not for the purpose of securing some 
responsibility on the part of the judiciary to the peo¬ 
ple, whose representatives they are ? And if they are 
to have so long a term as eight years, would it not be a 
more efficient and practical responsibility if they were 
held accountable to the legislature ? Gentlemen here 
have denounced the legislative department of govern¬ 
ment, and why that particularly ? Has the judicial 
department of government always been so pure and 
immaculate that it ought not to be held to accountabil¬ 
ity to any body ? How were they in the times of the 
children of Israel of old ? We are told that they be¬ 
came corrupt and were deposed ! We are told, too, 
that in the Roman Empire, in the days of Cicero, the 
judges became so corrupt and bribery so common, that 
they actually boasted of the amounts they had receiv¬ 
ed to decide causes in a particular way ! How was tt 
in England before the revolution ? Were they not 
hanging and banishing them for a long time ? But 
since the tenure was changed to good behavior, with 
responsibility to the representatives of the people in 
parliament assembled, they have had, with but few ex¬ 
ceptions, the best judges in the world. And in opposi¬ 
tion to all these facts, gentlemen were constantly re¬ 
ferring to the excesses of a single popular assembly in 
revolutionary France, as showing the dangers to be ap¬ 
prehended from the legislative department. And they 
propose, too, to give these judges an eight years term 
of office, with no responsibility than that they shall 
come back at the end of that time to the people, or to 
require two-thirds of both branches of the legislature 
to bring them back there before that time. This, Mr. 
Jefferson long since pronounced a mere scare crow, 
and the history of the country shows that is so. 

We are told that to make them responsible to a ma¬ 
jority of the legislature, would be to destroy the inde¬ 
pendence of a department of the government. I do 
not understand that each department in your govern¬ 
ment is independent. When you say in your constitu¬ 
tion that the goverment shall be divided into three de¬ 
partments, you mean that no body of men in one shall 
exercise the powers properly belonging to the other ; 
but not that they shall all of them be irresponsible.— 
How is it now ? A judge has the power to strike your 
legislative act dead. Was that not an interference with 
the legislative department ? The President of the Unit¬ 
ed States has a qualified veto on the acts of Congress, 
and a large and intelligent body of gentlemen think 
that to be wrong, although he. is elected by, and is the 
representative of, the people ! Congress may, howev¬ 
er, pass an act notwithstanding the objections of the 
President, but the judge in the judicial department of 
the government, not responsible to the people, has an 
absolute and unqualified veto upon every act of Con¬ 
gress. In the name of God, is not that enough ?— 
They are said to be co-equal and co-ordinate, but I do 
not think so. I think with this vast power in its 
hands, of striking every act of the legislature dead, the 
supremacy is clearly on the side of the judiciary. And 
if we are to give them a term of office of eight years 
duration, we must provide some other checks upon 
them. You can have none other than the legislature. 
All say that they are willing they should be made res¬ 
ponsible to the people—but that would clearly be no 
responsibility at all, because you cannot assemble the 
immense body of the people to act upon it. The only 
place, then, where you can delegate this responsibility, 





THE NEW CONSTITUTION. 


405 


is clearly with the legislative department of the gov¬ 
ernment. They are the representatives of the people, 
and elected every year by the people, as I trust in 
God they will continue to be, for I am not in favor of 
biennial sessions. Frequency of political elections is 
a cardinal doctrine with me in politic faith ; and I am 
not to be led off from it by the mere consideration of 
the cost of assembling the legislature every year.— 
Nor can I consent that these judges shall be elected by 
ballot, and nodody else. I am for the ballot, and I 
would apply the principle to the election of every offi¬ 
cer in the government. I would make no distinction 
—and permit me to say that the remark of my distin¬ 
guished friend was a sad one on that subject. He 
thought that it was necessary to restrict the ballot for 
the purposeof preserving a peculiar institution in Ken¬ 
tucky ! I have never heard such an argument before. 

Mr. C. A. Wjckliffe. The gentleman will pardon 
me, but he neither could have heard me or read my 
printed speech. The remark I made was, that I was 
attached, from long habit, to the viva voce system of 
voting ; and that the reasons which perhaps had in¬ 
duced other states to adopt and practice the system of 
voting by ballot, did not, and would not exist here, as 
they were supposed to exist there, so long as we cher¬ 
ished and maintained our present domestic, institutions. 
Not that the viva voce system was necessary to maintain 
these institutions, but that the maintenance of them 
would obviate the necessity for the existence of those 
causes which have driven other states to the adoption 
of the ballot system. 

Mr. R. N. Wickliffe. I am very happy to hear the 
explanation of the gentleman, for I certainly would 
not like to have such an idea go forth with the sanc¬ 
tion of the distinguished gentleman from Nelson. We 
have had enough of appeals to the non-slaveholder 
against the slaveholder in Kentucky. There was not 
a county in the State in which such an appeel had been 
successful, and what was it that had composed this bo¬ 
dy as it is, with the sentiments they entertain on this 
subject ? What was it but a sense of justice in the 
public mind ? I go with the gentleman from Hender¬ 
son, (Mr. Dixon) and I expect to vote in favor of his 
resolution, declaring that you have no right to take 
the property of the citizen without paying him for it. 
You have no more right to lake it without due com¬ 
pensation, than the non-stockholders in a bank have a 
right to seize on the bank’s money—and there is not 
one man in five hundred who is a stockholder in a 
bank. 

Gentlemen have frequently made allusions to the 
ancient democracies, and drawn largely from those 
sources for illustration. But there is a principle, it 
should be recollected, the discovery of modern times, 
of which those democracies knew nothing. That is 
the representative principle. The people here do not 
meet together now, as they did in olden times, even 
when it is possible for them to do so. There is not a 
village in the state, in which the people might not 
meet and adopt their municipal regulations. Yet do 
they not elect trustees to whom they confide their bu¬ 
siness ? The principle has become so interwoven with 
the hearts and customs of the people, that they exercise 
it even in those cases where they could easily meet 
en masse, and transact their business. But along with 
that principle has come another, and without it the 
system would all end in despotism. That is the prin¬ 
ciple of periodical responsibility on the part of any man 
delegated to office, to those who delegated him. It is 
responsibility on the part of the public agent, not only 
to the people themselves, but to those who come di¬ 
rectly to the people, and who alone are competent to 
bring him to the public scrutiny. That is the princi¬ 


ple, and hence I shall vote for the amendment of the 
gentleman from Nelson. Then we shall have respon¬ 
sibilities directly to the people at the end of eight 
years, as provided by the committee, but another, and 
a better, and a more efficient responsibility to the peo¬ 
ple’s representatives. I do not contend that the legis¬ 
lature is the people. But they are the representatives 
of the people, elected every year, and coming fresh 
from the people, and they are the proper depositories 
of the duty of holding to accountability all other offi¬ 
cers. 

I had not designed to occupy much of the time of 
the committee, and I rose merely for the purpose of in¬ 
dicating my views in regard to an independent judicia¬ 
ry. I have done so frankly, though perhaps the people 
of my county may not entertain the same views that I 
do. They may be, for ought I know, governed by the 
views of a distinguished gentleman in Clarke, who is 
writing and circulating, through the public press, a 
series of essays in which he takes the very grounds in 
arguing against an elective judiciary—the same melan¬ 
choly strains that gentlemen do here, against the prin¬ 
ciple of providing a responsibility on the part of the 
judiciary to the legislative department of government. 

I shall add no more, though perhaps I may avail my¬ 
self of a parliamentary privilege, if I think proper, and 
write out my views a little fuller on this subject than I 
have here delivered them. 


From the Georgetown Standard. 

Reform. 

This is the great question of the present day. The 
masses of every class of men are earnestly and active¬ 
ly engaged in the great and glorious work of Reform. 
Local causes may, for a while, stay its gigantic strides, 
but its course is onward, and no human hand can stop 
its steady and irresistible march Our people are for 
Progress and Advancement in every thing which tends 
to diminish the power of the few over the many.— 
Special privileges and chartered rights have never met 
with favor in their eyes, and the period of their utter 
extinction, we trust, is drawing nigh. Men will differ 
in regard to the best mode of carrying on the work, 
but the cause is, or shou Id be, uppermost in the minds 
of all,—therefore we can differ upon minor points and 
be together upon the major ones, which are essential, 
and will finally lead us to a glorious victory. 

“The people are governed too much.” This sage 
observation of the gseat statesman Jefferson is correct. 
We have too much law, too many restraints imposed 
upon men consistent with their natural and inherent 
rights. When there are so many laws to govern the 
sovereign power, they are seldom respected, and less 
seldom enforced with any salutary effect. Give us but 
few laws and a simple government, and the people wil 
be prosperous, happy and contented. 

Women Stronger than Oxen! —Let not our 
fair readers be startled at this, but read its proof 
in what a distinguished physician says: 

“I anticipate the period, when the fairest por¬ 
tion of the fair creation will step forth unencum¬ 
bered with slabs of walnutand tiers of whalebone. 
The constitution of our females must befirstrate to 
withstand in any tolerable degree the terrible in¬ 
flictions of the corset eight long hours of every day. 
No animal could survive it. Take the honest 
ox and enclose his sides with hoop-poles, put 
an oak plank beneath him, and gird the whole with 
a bed cord, and demand of him labor. He would 
ubor indeed, but it would be for breath.” 









406 


THE NEW CONSTITUTION. 


[Written for the New Constitution.] 

The writer designs the following as simply a rude, 
general and imperfect, outline of what may, by the best 
minds of the state, be wrought into a good and suffi¬ 
cient Judiciary System for Ohio, under her proposed 
New Constitution. He publishes it in this crnde and 
hasty form solely for the purpose of inviting the atten¬ 
tion of the members of the bar generally, and of those 
who desire to become members of the Convention, to 
the subject, and of furnishing them with a starting 
point for their investigations. The “idea,” so to speak, 
of the Judiciary system herein embodied, has for sev¬ 
eral years, been the subject of much reflection by the 
writer of this communication, and imperfect and ob¬ 
jectionable even, as some of the details set forth may be 
regarded, he is satisfied that the “idea” of the system, 
is itself at least worthy of examination before it be re¬ 
jected. This outline was prepared some months since, 
and it was originally designed to publish with it a brief 
explanation and defence of the principal points pre¬ 
sented ; but this for the present is withheld from want 
of leisure to prepare it in time for publication, and it is 
thus submitted for what it is worth ; and a full and 
candid examination of its propositions is invited before 
it be pronounced against. V. 

Dayton, Ohio, October, 1849. 

Outline of a Jndiciary System for Ohio. 

Justices of the Peace. Retain the present system 
as to civil and criminal jurisdiction, nearly as it now 
exists, except as to trial by Jury, which in view of the 
next proposition, would be burdensome and unneces¬ 
sary. 

County Court. —Dispense entirely with what are 
now known as “Associate Judges,” and organize in 
each county, a “County Court” to be known by that 
name. This Court to have exclusive original jurisdic¬ 
tion in probate, guardian, tavern license, insolvency, 
administration and all similar business, now committed 
to the Common Pleas ;—to have also original jurisdic¬ 
tion in all cases, both in contract and tort, where the 
amount in controversy does not exceed ($300) :—to 
have trial by jury (of six men) on demand of either 
party, in the manner to be regulated by law :—to have 
exclusive original jurisdiction for the trial of all crim¬ 
inal prosecutions, where the punishment, on convic¬ 
tion, shall be less than by imprisonment in the peni¬ 
tentiary, trial in such cases to be by jury as above, and 
in such manner as shall be prescribed by law :—to 
have appellate and certiorari jurisdiction from justices 
of the peace in such cases and such manner as the le¬ 
gislature may prescribe : 

To sit on the first Tuesday of every month (or “of 
every second month”), at such place or places as by 
law may be fixed : 

To be composed of a siugle judge, who shall be elect¬ 
ed by the people of the couuty, at the annual state 
election, and hold his office for a term of four years, un¬ 
less sooner removed for cause, (in a manner to be pre¬ 
scribed by law) : the Judge to have an annual salary 
to b e fixed by the county commissioners, paid quarterly 
from the county treasury, and which may not be in¬ 
creased or diminished during the term for which he 
shall have been elected ; and to keep a docket and is¬ 
sue executions, underthe regulations prescribed by law. 
All the fees of the court to be fixed by law, collected 
by the Judge and paid over by him into the county 


treasury. Execution to be issued by the Judge, on 
demand by the county commissioners, for unpaid fees. 

County Circuit Courts. —Divide the State into 
(seven) Circuits, to be composed each of a convenient 
number of counties, averaging (twelve) for each Cir¬ 
cuit, selected and named in the Constitution, with a pro¬ 
vision as to new counties— if the Legislature be hereafter 
allowed to erect any. 

For each Circuit let there be four Judges, to be elect¬ 
ed at the annual State election, by the people of the 
counties composing it, and holding the office not less 
than seven years, and a fifth to be elected by the people of 
the whole state, for not less than ten years with minimum 
salaries, fixed by the Constitution, which the Legislature 
may from time to time, if necessary at its discretion 
increase. 

Let these five Judges appoition annually the several 
counties of their circuit, among their number, as may 
best suit their convenience, and hold each one a “Coun¬ 
ty Circuit Court,” twice a year in each county, at 
such times as may be fixed by law. 

This County Circuit Court, to have exclusive origin¬ 
al jurisdiction, in all cases in chancery and in cases at 
law where the amount in controversy shall exceed 
($300); and in all criminal cases where the punish¬ 
ment on conviction, shall be capital or by imprison¬ 
ment in the penitentiary—trial being, in such cases, by 
jury of (twelve) men, on indictment found by a grand 
jury,and conducted in other particulars, as shall be 
prescribed by law : trial in civil cases being also by 
jury of (twelve) men, (unless by consent of parties,) 
and in the manner prescribed by law :—To have ap¬ 
pellate and certiorari jurisdiction from the County 
Court in such cases and such manner as the legislature 
may prescribe : 

To have a Clerk for each county, to be elected by the 
people of the county, at the annual state election, for 
the term of (five) years. 

Central Circuit Court. —Let the five Judges of 
each Circuit meet on the first Tuesdayof April in each 
year, unless for good cause the legislature shall for any 
one year, fix another time, at a suitable central couuty 
seat within the Circuit, (to be fixed by the Constitu¬ 
tion, with a proviso that the legislature may at any 
time for good cause, by vote of two thirds, change the 
same) to hold a “Central Circuit Court, the duties 
of the clerk of which shall be performed by the Clerk 
of the county in which the Court shall be held. Let 
in this Court, the Judge of the Circuit, elected by the 
people of the state, preside and be styled t he “Presi¬ 
dent Judge,” and in case of his absence, let the Asso¬ 
ciate Judge senior in commission preside. 

Let the ‘Central Circuit Court” have criminal juris¬ 
diction, trial being by jury of (twelve) men, in all cas¬ 
es where the punishment, on conviction shall be capit¬ 
al (or by imprisonment for life in the penitentiary,) 
wherever the accused, after indictment found in the 
County Circuit Court of the proper county, shall elect 
to be tried in said Court. Let it also bear and deter¬ 
mine such cases in chancery and such questions of law 
and motions for new trial, in both civil and criminal 
cases, as may, in the manner which shall be prescribed 
by law, be reserved by the several Judges in their res¬ 
pective County Circuit Courts ; or be brought before 
it by writ of error, and in chancery cases, by appeal ; 
and also, when the amount in controversy shall exceed 
($10,000) try by jury of (twelve) men such criminal 
cases at law and issues out of chancery, as may on ap¬ 
plication to the “President Judge,” at his discretion (or 
“on good cause shown,”) be removed from the County 
Circuit Court, in such manner as shall be prescribed by 
law. 

Court oe Errors. —Let the (seven) “Presiden 







THE NEW CONSTITUTION. 


4 O 7 


Judges” of the Circuits, so elected by the people of the 
whole state as before suggested, meet annually on the 
first Monday of (December.) at the seat of govern¬ 
ment for the State, to constitute and hold a “Court of 
Errors.” the duties of the clerk of which court, shall 
be performed by the Clerk of the County Circuit Court 
of the county in which the Court of Errors shall be 
held :— 

Let (he duty of the Court of Errors be to hear and 
determine all cases in chancery and all cases at law, 
both civil and criminal, which, in the manner to be 
prescribed by law, may be reserved by the Judges of 
the Central Circuit Court, or be brought before it by 
writ of error and in cases in chancery, by appeal :— 
the decisions of this Court to be regularly reported, in 
the manner prescribed by the legislature:—the Judge 
senior in commission to be styled “Chief Justice,” 
and preside in this Court. 

Miscellaneous. —An Attorney General and a Report¬ 
er for the Court of Errors, to be elected at the annual 
State election, by the people of the whole state, for the 
term of three (or “five”) years—their duties to be pre¬ 
scribed by law. 

The Legislature to have power to erect such other 
Court or Courts as may from time to time become ne¬ 
cessary, within the limits of any county in the state, 
in which there may be a city the population of which 
shall exceed-thousand inhabitants. 


Progress to Democracy. 

Editor of New’ Constitution.—Sir : Deeming it 
of much importance that the New Constitution about 
to be formed for Ohio, should be well perfected by the 
combined wisdom of the state, I would, as one of the 
people, ask the use of your highly valuable paper, to 
maRe some suggestions to my fellow citizens in regard 
to the principles and measures to be embodied or sketch¬ 
ed in that Constitution. I would propose a change in 
an important principle of our State government. 

Our government is called a Representative Democra¬ 
cy, as differing from a pure Simple Democracy, our 
laws being made by agents or Representatives, one re¬ 
move from the people, and their administration en¬ 
trusted, for the most part, to agents or judges, two re¬ 
moves from the people. In a pure or Simple Democ¬ 
racy the people themselves are sovereign, make their 
own laws, and at least immediately direct their admin¬ 
istration. 

I propose that in the New Constitution soon to be 
formed, the people retain the powers of government 
themselves. It is admitted that the people have the in¬ 
herent right of self government, and few people now 
will question their capacity. The last clause, of the 
last section, of the last article of our present Consti¬ 
tution, declares, that all pow’ers not therein delegated 
remain with the people. I would now propose, that 
the people delegate fewer powers, and retain more to 
themselves, to be exercised in primitive townships and 
ward meetings. Certainly all local legislation may be 
best done in the different localities of the state, where 
the particular favors are claimed, and the necessities of 
each are best understood, the constitution fixing some 
general principles to be observed. Certainly also, all 
civil suits at law may be best decided and settled where 
they originate ; as also suits for petty crimes and mis¬ 
demeanors : and little other legislation will be needed. 
The State legislature may do up a years legislation in a 
week—and townships, cities or wards may do theirs at 
leisure, as may best suit the particular locality. Bills 
may be framed by a select committee, and adopted or 
rejected in committee of the whole people in public 
meeting convened. 

You know, Mr. Editor, that there has been much 


and well founded complaint of the undue influence of 
combined capital, and that the rights and interests of 
the common people have been sacrificed to corporate 
capital. You know also, that our Legislators have not 
always set a good example of moderation and prudence 
in legislation. The sovereign people can scarcely do 

worse., and would in all probability do much better._ 

At all events, whatever reforms the people want, can 
be adopted at once, without a long course of agitation 
and wrangling. The expences of the State govern¬ 
ment may thus be vastly reduced. Also, the expences 
of our Judiciary system, now a just cause of complaint 
may be greatly reduced, by bringing the administra¬ 
tion of justice nearer to the people. Our present sys¬ 
tem of government, including Legislation and the ju¬ 
diciary system, is much too complex ; the people can 
render it more plain and simple, and vastly more just 
and proper. In public as in private business, we 
should never employ agents to do that which we can 
do cheaper and better ourselves. And no agent can 
truly represent the wishes of a numerous constituency. 
I adduce in proof the vast amount of excessive legisla¬ 
tion in the states of this Union,—so many laws passed 

soon to be repealed, and many more that ought to be 
repealed. 

The proposition to elect all state and county officers 
by the people, appears to find general favor. 

Other reforms will be easily effected, if the people 
do not delegate that power to others that they ought to 
.retain for themselves. 

Your Friend, J. H. 

Ravenna, November 5th, 1849. 


From the Sandusky County Democrat. 

Convention to Revise the Constitution. 

We again call the attention of the people, and espe 
cially of our brethren of the Press, to the importance 
of urging forward with all practicable despatch, meas¬ 
ures for the adoption of a new Constitution. We can 
just as well elect officers under the new instrument, and 
enter upon the manifold blessings to result, such as the 
election of all officers by the people, next fall, as to be 
two or three years bringing it about. It is to be ex¬ 
pected that those who have thus far opposed the meas¬ 
ure, will, some of them at least, continue so to ao, and 
a favorite method will be to procrastinate and embar¬ 
rass by delays. Thus was it in New York, thus has it 
usually been on similar occasions, in other states. We 
say to the friends of this measure delay not ! Reforms 
are greatly needed. The people have said it. Let us 
have them at once. 

Last week we said : 

“As the people have determined, let the matter be 
urged forward with all possible despatch. Let the Le¬ 
gislature act early in the session, and give opportunity 
to elect delegates at the time of the township elections 
the first Monday in April, and thus obviate the neces¬ 
sity of a special election. Let the Convention assem¬ 
ble on or about the first of May,—and, with the lights 
to be drawn from several of our sister states who have 
recently adopted new constitutions, its session need not 
extend beyond, at the extent, six weeks. Six weeks 
more will give us all sufficient opportunity to make up 
a candid judgment of the merits and demerits of the 
instrument. This will carry time to the first of Au¬ 
gust, when the ratification election should be held. If 
a system similar to this be adopted, we can elect offi¬ 
cers next fall under the improved order of things.” 

We have seen no objection to this plan. Is the*, 
any ? We ask our brethren of the Press. The Toledo 
Commercial Republican and Cleveland Plaindealer, 
have endorsed it. Let the Press speak out on the sub^ 
ject without delay. There is no time to be lost. 










408 


THE NEW CONSTITUTION. 


Vote on the Constitution—The Grand Result. 

Below we have collected from the office of the Sec¬ 
retary of State, the vote for and against a convention 
to remodel the Constitution, as well as the entire vote 
given for Representatives, in the different counties ot 
the State. The returns from the new county of Mor¬ 
row, :is included in the vote in the counties from which 
the territory was taken. 

The entire vote for the Convention, in the counties 
named is, 145,698-against it, 51,161,-the number of 
votes cast for Representatives, 235,370. The majority 

for the Convention, is 56,026. 

For 

Counties. Convention. 


Adams, 

Ashland, 

Ashtabula, 

Athens, 

Allen, 

Auglaize, 

Belmont, 

Butler, 

Brown, 

Clinton, 

Coshocton, 
Columbiana, 
Cuyahoga, 

Crawford, 

Champaign, 

Clark, 

Carroll, 

Clermont, 

Defiance, 

Darke, 

Delaware, 

Erie, 

Fairfield, 

Fayette, 

Franklin, 

Greene, 

Geauga, 

Gallia, 

Guernsey, 

Hamilton, 

Henry, 

Holmes, 

Harrison, 

Hardin 
Hocking 
Hancock, 

Huron, 

Highland, 

Jefferson, 

Jackson, 

Knox, 

Lake, 

Lawrence, 

Lucas, 

Licking, 

Logan, 

Lorain, 

Madison, 

Medina, 

Miami, 

Monroe, 
Muskingum 
Morgan, 
Mahoning, 

Meigs, 

Montgomery, 2910 
Marion, ldO 


1024 
1594 
3833 
1130 
767 
515 
2914 
3538 
967 
1638 
1868 
2617 
3483 
1009 
966 
990 
1439 
2124 
741 
1366 
1432 
2048 
2533 
481 
3178 
1153 
2254 
188 
2999 
6356 
379 
1273 
1343 
248 
735 
791 
3245 
1854 
1984 
617 
2593 
1976 
226 
2185 
3656 
884 
3564 
381 
1996 
2662 
2033 
1935 
3852 
2138 
680 


Against 

Convention. 

841 

000 

76 

560 

141 

309 

1551 

214 

930 

775 

1110 

680 

55 

141 

1318 

1129 

331 

523 

66 

1823 

1354 

31 

846 

1182 

1963 

922 

201 

679 

815 

1877 

43 

259 

1373 

65 

000 

340 

247 

1177 

1777 

893 

00 

10 

420 

68 

1474 

425 

2 

893 

18 

467 

443 

2204 

342 

59 

247 

1334 

184 


Whole No. of 
votes for Rep 
2231 
2136 
4115 
2558 
1064 
592 
5145 
3614 
1967 
2547 
3636 
3704 
5280 
1183 
2651 
3288 
3111 
2853 
887 
3189 
3808 
2101 
4415 
1866 
5763 
2264 
2613 
2109 
4547 
9373 
576 
1702 
3314 
1150 
1030 
1340 
3492 
4264 
3583 
1672 
3941 
2099 
902 
2421 
5600 
2524 
3659 
1403 
3152 
3546 
2900 
4887 
4634 
2211 
1608 
6363 
2350 


Mercer, 

Ottawa, 

Paulding, 

Pike, 

Portage, 

Perry, 

Pickaway, 

Preble, 

Putnam, 

Ross, 

Richland, 

Scioto, 

Sandusky, 

Shelby, 

Seneca, 

Starke, 

Summit, 


Union, 

Vanwert, 


Williams, 

Wayne, 

Warren, 

Wood, 


400 

96 

447 

295 

154 

443 

228 

10 

224 

484 

367 

1554 

2724 

74 

3953 

1512 

446 

1869 

1559 

1567 

3558 

1133 

510 

2738 

549 

55 

681 

1069 

3028 

4539 

2745 

452 

3348 

809 

864 

1860 

1039 

417 

1472 

923 

768 

2010 

1945 

90 

2133 

2771 

1100 

4562 

3850 

160 

4119 

, 2525 

1437 

4736 

3551 

153 

5024 

627 

473 

1628 

239 

204 

546 

916 

190 

1551 

i, 1567 

793 

3410 

525 

54 

755 

3668 

111 

4158 

2477 

226 

2934 

673 

160 

1185 

145,698 

51,171 

235,370 


Conventional Reform in Virginia. —Public meet 
ings are on foot in Western Virginia in favor of a State 
Convention to amend the Constitution, and to petition 
the Legislature to take the sense of the people thereon 
during the next year. It is to be hoped that body will 
be found a little more disposed to listen to the repub. i- 
can voice of their constituents than has been the case 
in Maryland for many years. Virginia, with all her 
Democracy, certainly needs liberalizing in her consti¬ 
tution, quite as much as our own State. Though 
ahead of us in extirpating that relic of barbarism, im¬ 
prisonment for debt, she is far behind us in the anti¬ 
republican property qualification for the right of suf¬ 
frage. In fact, her system savors of feudalism in that 

respect, the landholder being entitled to vote in eaca 

county where he may choose to possess himself of a 
certain small number of acres, while another, not being 
the fortunate owner of land in any part of the State, 
and not a householder, is as a cypher in the commun¬ 
ity—merely tolerated therein by the bounty of others. 
Let Virginia then make most earnest haste to reform. 

[Baltimore Sun. 

ECrThe National Intelligencer of the 19th inst., says: 
“The Commissioners for fixing the boundary between 
the States of Pennsylvania and Delaware, entered upon 
their duties on Monday last. Several old landmarks 
have been discovered, sufficient to show that several 
valuable farms heretofore supposed to belong to Dela¬ 
ware, are in fact the territory of Pennsylvania. So say 9 
the Philadelphia News.” 

[CTFull sets of “The New Constitutisn,” can be had 
at the subscription price, if application be made soon. 


THE NEW CONSTITUTION. 

BY s. MED ARY. 

TERMS.—Single copy, for six months, 

Seven ct pies, “ “ “ 

Fifteen “ 


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